View Full Version : Modification 8505? anyone know anything?


NICKS GURL
08-20-2009, 05:56 PM
my man was granted an 8505 (the judge said he could do treatment) but he was never sent! then he asked for a modification twice and was denied. The judge said come back next year (meaning this upcoming january) We want to go in this time with a lawyer and ask that he be allowed to go into treatment. He will have served over three years of a ten year sentence, has good time, completed ged, school certificates, works, etc.
Plus, his public defender never let any of us speak on his behalf at sentencing, :angry:didnt put in his character letters letters from employers :confused:orteven bothered to tell the judge he had four minor kids who needed support and he NEVER had a felony before (he was 34 when arrested) PLUS he turned himself in and the state had NO case without that. Even the victim didnt show to trial. I really think we need a lawyer as the public defenders dont even return calls or emails or anything. MOney is the big issue. We dont even have a date set to ask for the 8505 to be heard again. Do you think I should call Richard? Is that the kind of thing he does? thanks babe! I miss my man! so freakin happy for you! Tink

NDJsGirl
08-21-2009, 12:38 PM
If this is meant for me, I can tell you that Mr. Reische is a good attorney, but he ain't cheap. I wish I could refer you to someone who could help with this for a reasonable rate, but I just don't know anyone. If the PD's office can't help, possibly check with the Maryland Lawyer Referral Service. You can find the number to it here:

http://www.msba.org/public/referral.htm

Good luck!

ChickfromMD
08-21-2009, 10:04 PM
Nicks - I think you need to check into this a little further. An HG 8-505 is just an in-custody drug and alcohol evaluation. What happens, typically, is that a lawyer would submit a Motion/Request for a Department of Health and Mental Hygiene Evaluation HG 8-505. I believe the courts would look at the request and determine whether to allow an evaluation.

If the court allows it, someone qualified would then evaluate your man in terms of his drug and/or alcohol addictions. The judge would then need to determine that your man does have a drug/alcohol problem, and consider the report of the evaluation and the treatment recommended by the group doing the evaluation. This doesn't mean that the judge GRANTS anything special, only that he reviews it. He may review it and determine that he doesn't want to commit someone for treatment.

When a judge actually commits someone to treatment, that's listed in his record as HG 8-507 - Commitment to DHMH for Drug or Alcohol Treatment. This treatment can be inpatient, residential, outpatient, etc.

My brother went through this process, so I'm only giving you information based on our experience and the conversations we had with lawyers and with him. It was a little confusing for us too. When the judge said, "Yes, I'm committing you to treatment", my brother was transferred to a treatment facility that exact same day.

It all depends on what the judge orders and if the treatment facility has space available for him right away...so his experience may be different.

Have you tried looking up your man's records on the Maryland Judiciary site and seeing what actually happened with his case? All of the details should be listed there.

Good luck!

NICKS GURL
08-22-2009, 08:51 AM
Hi and thanks for replying. he was granted the 8505, the judge reviewed it, The examiner suggested treatment instead of incarceration but the judge said no way. However the judge DID suggest he be incarcerated at Patuxent instead of DOC. We thought he was just waiting for a bed (its been three years) Yes, i keep up with things on JIS. One of the things that is most upsetting about all of this is the public defenders(he has had four all strangers until the day of court) Have NEVER suggested that the judge read his character letters of reference, has told them he has four minor children, has spoken of his life and good works before he was incarcerated so that she could get a more well rounded picture of this man she just keeps denying treatment and modification to. all she see's are his current charges and a mute public defender and a terrified inmate. None of us were even presetn when he went to court as the PD said we werent needed and wouldnt be called. UGH. The judge told him last year to come back this january and she would reconsider modification/ 8507. I think we need a real lawyer this time. I am broke, and dont drive. Transcripts alone wil cost a bundle. My mother is losing her home, going bankrupt and coping with a fatal illness. I need him home. any help would be appreciated! thanks!