Q: In 2005 I accepted a plea of a MD 21.904.e. This references a crime of violence .My record shows that’s false. What now?
My record shows that no crime of violence was committed and the statute should have been entered as a 21.904.a. To me this is cut and dry. I’ve written the now sitting judge . I CC’d states attorney and included a certificate of service . I’ve also requested the police report and copies of citations relating to this .
This should be all the steps I need , letter was well written.
But if this don’t work , I will fight the heck out of this.
Do I stand on solid ground ?
A: To correct a clerical error, if that is all this is, you would file a motion in the case, with the case caption, and serve the state’s attorneys office under a certificate of service as required by the rules. If this is a District Court case, there is a blank general motions form you can download and fill in the blanks for this purpose, or pay a lawyer. You can insert a reference to “see attached” if you need to add more pages with a description of the mistake, your requested relief, and attach any exhibits that support or prove your contentions. A lawyer would probably be a safer bet to get this motion properly ruled upon.
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