Basics to Incarceration in Maryland
When a defendant is convicted of a crime, either by trial or plea, the next phase of the crimianl procedure process is Sentencing. In Maryland, for most offenses, the law gives the trial judge the authority to impose a sentence up to the maximum time allowable under the criminal statute for the offense and to execute any portion of the sentence. A imposed sentence that is partially executed is called a split sentence. With some offenses, however, the law limits the judge’s authority during the imposition of sentencing. For example, in Maryland, the maximum sentence for use of a firearm in the commission of a felony or crime of violence is 20 years, and the judge cannot impose sentence of less than five years. Md. Criminal Law Article §4-204(c)(1)(i).
Executed & Suspended Sentence
The Court may impose a prison sentence that is up to the maximum term allowed by the law. The Court may execute the entire sentence or execute a portion of the sentence and suspend part of the sentence. When the court imposes an executed sentence, either partially executed (split sentence) or when the defendant must serve all of the imposed sentence (fully executed), the defendant will not be released from incarceration unless the defendant is granted parole or is released based on the accumulation diminution credits the defendant is entitled to. When a defendant is released on parole by accumulation of diminution credits, the defendant will be placed on madatory supervision until the remainder of the entire imposed sentenced has been served.
Concurrent Sentences & Consecutive Sentences
In Maryland, when the defendant has been found guilty of multiple crimes that do not merge, the trial court has the discretion to permit multiple sentences to be served at the same time (concurrently) or toe require the sentenceds to be served one after the other (Consecutively). With some crimes, the law removes the judge’s discretion and requires the sentence to be served consecutive to the other crimes.
Parole Eligible & Non-Eligible for Parole Sentences
Just like many states, Maryland has a parole system. Parole is a function of the Executive branch of government whereas Probation is a function of the Judicial branch of government. The judge does not choose when an inmate is eligible for parole or the conditions of parole. The defendant may be eligible for parole depending on the underlying crime. There are crimes in Maryland that the law mandates a portion of the sentence is not eligible for parole.
Life Sentences
Maryland law allows the court to impose a life sentence for (1)first degree murder, (2) first degree rape (3) first degree sex offense (4) and the attempts, solicitiation and conspiracies of those crimes. When a defendant is given a life sentence, the defendant is eligible for parole (1) after serving 15 years (less diminution credits) or (2) 25 (less diminution credits) when the crime was first degree murder and the State was not able to obtain the death penalty. The Maryland General Assembly removed the death penalty as a sentence option. When the State seeks a sentence of life without the possibility of parole they must notify the defendant of their intent to do so.
Sentences for Conspiracy or Attempt
A Maryland defendant can be sentenced for maximum time allowed for the underlying crime in which there was a conspiracy or attempt to commit. The only exception to this rule is when a person is convicted of conspiracy of or attemtped first degree murder, the maximum sentence is life with the possiblity of parole. When a defendant is found guilty of conspiracy or attempt as to two different crimes, the sentence for the crime with the greater sentences is also the maximum sentence for attempt or conspiracy.