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RULE 4-333.1. MOTION TO VACATE JUDGMENT OF CONVICTION OF HUMAN TRAFFICKING VICTIM

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 300. Trial and Sentencing
Effective: July 1, 2021
MD Rules, Rule 4-333.1
RULE 4-333.1. MOTION TO VACATE JUDGMENT OF CONVICTION OF HUMAN TRAFFICKING VICTIM
(a) Scope. This Rule applies to a motion to vacate a judgment of conviction filed by an individual convicted of a qualifying offense pursuant to Code, Criminal Procedure Article, § 8-302 if the individual's participation in the offense was a direct result of being a victim of human trafficking.
(b) Content. The motion shall:
(1) be in writing; and
(2) describe the evidence and include copies of any documents showing that the movant is entitled to relief under Code, Criminal Procedure Article, § 8-302.
(c) Notice. The motion shall be:
(1) served on the State's Attorney for the jurisdiction where the conviction for the qualifying offense occurred; and
(2) if the qualifying offense occurred within five years before the filing of the motion, mailed to any victim's or victim's representative's last known address.
(d) Disposition Without a Hearing.
(1) The Court may dismiss a motion filed under this section without a hearing if:
(i) The motion fails to assert grounds on which relief may be granted;
(ii) The motion offers no additional evidence beyond that which has previously been considered by the Court; or
(iii) The movant acted fraudulently or in bad faith in filing the motion.
(2) The Court may grant a motion filed under this section without a hearing if:
(i) The State's Attorney consents to the motion;
(ii) No objection has been filed by a victim or victim's representative; and
(iii) At least 60 days have elapsed since notice and service of the motion.
(e) Disposition. The Court may grant a motion filed under this section on finding by a preponderance of the evidence that the movant's participation in the qualifying offense was a direct result of being a victim of human trafficking. The court shall state the reasons for its ruling on the record.

Credits

[Adopted March 30, 2021, eff. July 1, 2021.]
MD Rules, Rule 4-333.1, MD R CR Rule 4-333.1
Current with amendments received through May 1, 2022. Some sections may be more current, see credits for details.
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