Annapolis Criminal Defense Lawyer Handling Reconsideration Motions
Advocates for 8505 and 8507 reconsiderations in Maryland
The courts are filled with criminal defendants who struggle with addiction and/or mental illness. Many of these cases are more appropriately handled with comprehensive treatment, rather than incarceration. By law, Maryland courts can order a defendant evaluation to determine if treatment is an appropriate response in the case at hand. This is generally done by filing a motion for reconsideration.
I’m Gill Andrew Cochran, and I am an experienced Annapolis criminal defense attorney who can assist you through this process. I’ve been fighting for defendants charged with crimes for more than 22 years. You are probably feeling overwhelmed and scared by the prospect of a criminal conviction, but Drew Cochran, Attorney at Law can help you get the help that you need.
Frequently Asked Questions About Reconsideration Motions
- What are 8505 and 8507 motions for reconsiderations?
- What are the statutory prerequisites for an 8505 evaluation?
- How does the 8505 and 8507 reconsideration process work?
- Why is an 8507 reconsideration used?
- What are the three main tracks for an 8507 consideration?
What are 8505 and 8507 motions for reconsiderations?
A motion for reconsideration is a request for the court to go back and consider an issue that has already been decided. The 8505 and 8507 motions ask the judge to reconsider the conviction or sentence handed down in a case. Under Maryland law, courts may order the Department of Public Safety and Correctional Services to evaluate defendants for placement in an appropriate treatment program. If the department determines that treatment is appropriate for the defendant, the treatment may occur in place of custody in a jail, or along with a mandatory probation period.
- The 8505 Motion for Reconsideration. This motion requests that the Court order a treatment evaluation for alcohol or drug addiction.
- The 8507 Motion for Reconsideration. This motion requests that the Court order a treatment evaluation for co-occurring conditions. This means that the defendant struggles with an addiction, along with a mental illness.
If you or a family member have been sentenced in a case, and you feel that treatment is an appropriate option, talk to a knowledgeable Maryland criminal defense lawyer about the requirements and processes of an 8505 or 8507 Motion for Reconsideration.
What are the statutory prerequisites for an 8505 evaluation?
According to the Maryland Courts:
- The evaluation must be conducted in accordance with ADAA regulations and is usually performed by an employee of ADAA or a designee. ADAA is the Alcohol and Drug Abuse Administration.
- The inmate must consent to the treatment and consent to having the Court receive the evaluation. “A release of confidential information form will allow for the sharing of information on the defendant’s progress.”
- The judge will review the evaluation report and recommend treatment that is appropriate and necessary.
- The defendant/inmate cannot have any outstanding warrants, detainers, consecutive, or concurrent sentences. However, the HG 8-505 can be ordered while these other issues are in the process of trying to be resolved.
All evaluations have to be submitted within seven days, unless otherwise ordered by the court.
How does the 8505 and 8507 reconsideration process work?
Once an 8505 or 8507 Motion for Reconsideration is filed, the judge reviews the motion and decides whether to order an evaluation for treatment. If the evaluation is ordered, the judge may do the following to facilitate it:
- Release the defendant on his personal recognizance for an outpatient evaluation.
- Set a bond amount to accommodate an outpatient evaluation.
- Confine the defendant to a detention center until the evaluation is complete.
- If there is a risk of immediate danger, confine the defendant to a secured medical facility until the evaluation is complete.
As a skilled Annapolis criminal defense attorney, I have handled numerous cases where addiction and/or mental health treatment was the most appropriate form of rehabilitation. The motion for reconsideration process is not new to me, and I confidently advocate for my clients when making this request to the court.
Judicial review during placement
If the reconsideration is granted and the defendant is placed in a facility for treatment, a judge may decide to conduct regular reviews to check on the defendant’s progress. Treatment providers need to submit reports “to the monitoring/supervising agency and to the Court at intervals to be determined by the Court” on a regular basis, and those reports must go to the court and me at least two days before a hearing.
Why is an 8507 reconsideration used?
According to the Maryland State Courts, an 8507 reconsideration is beneficial if:
- Outpatient treatment isn’t worthwhile.
- Residential treatment is worthwhile.
- It is the only/best way to obtain “co-occurring treatment for primarily addicted but also very mentally disordered defendants.”
- If a drug court with residential treatment is not available.
- If regular probation cannot provide for residential treatment.
- If a defense lawyer or judge wants to keep the case – instead of referring the case to a drug court.
What are the three main tracks for an 8507 consideration?
The Maryland State Courts state that there are generally three approaches for 8507 cases:
- Pre-sentence and committed to both ADAA (8-507) and the Local Detention Center as a pre-sentence detainee.
- Post suspended sentence and under probation supervision (not confined) and committed under 8-507 (awaiting for some short or long time actual placement in a residential treatment bed).
- Defendant sentenced to incarceration, motion for modification of sentence filed; defendant to be committed under 8-507 and to be placed on probation supervision through a modified/suspended sentence when placement occurs.
Generally, the third track is the preferred option from the judge’s perspective.
Reliable representation for your reconsideration request in Maryland
Drew Cochran, Attorney at Law proudly advocates in the best interest of each and every client. I understand the challenges of addiction and mental illness, and I take the necessary steps to seek treatment over incarceration when appropriate. Let me put my knowledge and skill to work for you or your family member. Call my office today at 410.271.1892 or complete our contact form to make an appointment.
And remember: Keep Calm – and Call Drew.