Q: My probation requires me to get a bachelor's degree or I do 10 years in prison. Can't afford it, my judge can do that?

A: The sentence you have described is an unusual one. It would be helpful to have more details about your case to more fully answer your question. It may be that there is nothing that can be done. You are welcome to privately email your name, case number and the jurisdiction in which your case was handled and I'll take a quick look at it (as long as it is a Maryland case) - if not a Maryland case - then you will need to have your questions answered by an attorney in the state in which your case was handled. robertbonsib@marcusbonsib.com

A: I assume you had a lawyer. You should go over your options with your lawyer, or contact another lawyer to discuss the details and what you can do. You list your location as Arlington, VA, but the question is posted for Maryland. Therefore, I will answer this question only based on Maryland law if the sentence was issued by a Maryland judge. First, if you are within 30 days of the date of the sentence, you can appeal, and if the case was heard in District Court, your appeal would be to the Circuit Court and you can have a whole new plea and sentence that will replace whatever happened in District Court. That would be the best likely solution--a complete do-over. It may depend on the county, however, because sometimes the circuit court judge option(s) may be no better. If the sentence was imposed by a circuit court judge, your appeal would be to the Court of Special Appeals, and would have to be shown to be an illegal sentence. The second option is a motion to reconsider the sentence, which must be filed withing 90 days of the date the sentence was issued, or a motion to correct an illegal sentence which can be filed at any time. I have never heard of a judge imposing a requirement that a defendant pay for and complete a college degree program as a condition of probation, and I doubt seriously it qualifies as a legal sentence. If you succeed in getting the illegal sentence stricken, you must be re-sentenced to a legal sentence. You could find that a new sentence will impose terms that you like less, so there is some risk. If you do nothing and are violated for failing to comply with an illegal term of sentence, then you may successfully challenge the basis of the violation on the ground that the probation term you are accused of violating is illegal and beyond the authority of the judge to impose. You will want to pay a lawyer to research the illegality of the sentence before deciding how to proceed.