Depending on the facts of a criminal case, a person may invoke any number of claims to overturn his or her conviction. For one, under Maryland law, a defect in the return of a jury verdict could render a conviction illegal and therefore a nullity. But understanding the situation under which such a claim might be viable and successful is a significant part of the post-conviction relief process. An experienced criminal defense attorney from Maryland would be able to assess your case in order to determine whether you would be able to challenge a conviction.
Under Maryland Rule 4-345(a), a court has the authority to correct an illegal sentence at any time. This refers to a situation in which no sentence or sanction should have been imposed, which includes a verdict of conviction that has not been finalized properly. Article 21 of the State’s Declaration of Rights in its Constitution provides that every person is entitled to a speedy trial by an impartial jury, “without whose unanimous consent he ought not to be found guilty.” Essentially, this means that a jury’s verdict must be unanimous in order to sustain a criminal conviction.