How The Sentencing Guidelines Work in Maryland

The Maryland State court system uses the Maryland Sentencing Guidelines in many cases as a guide to determine an appropriate sentence for a defendant.   Maryland has two trial levels, the District Court and the Circuit Court.   The District Court handles most traffic cases, most criminal misdemeanor cases, and a few felony matters.   The Circuit Court handles serious felony cases as well as some misdemeanor cases.   The District Court does not use or rely on the sentencing guidelines.    The Circuit Court is required to calculate the sentencing guidelines in every criminal case.

The sentencing guidelines are a method of determining a recommended sentence based on a limited number of facts about the defendant, and a limited number of facts about the criminal event.   For each case, a “guidelines range” is determined.  For example, a range may be calculated recommending that the defendant serve 3 months to 2 years in prison.   This means that the guidelines recommend that the judge impose a sentence requiring the defendant to serve a period of jail time that falls within that range. For example, a sentence of one year would fall within the range, between three months and two years.

The guidelines range is intended to promote fairness in the court system by calculating  for the judge a, the prosecutor, and the defendant, what similarly situated defendants, with similar cases are receiving for a sentence throughout Maryland.   The guidelines are designed to discourage unusually harsh treatment of a defendant, and avoid unfair favoritism.   The guidelines can help identify if a judge is giving more severe sentences only to people of color.   Conversely, the guidelines can help discover if a particular attorney is getting special treatment from a particular judge. 

Judges in Maryland are not required to give a sentence within the recommended guidelines range.   However, if a judge imposes a sentence above or below the guidelines range, the judge is required to explain in writing, on the guidelines worksheet, his or her reasons for departing from the guidelines range.   For example, a judge may explain that she imposed a sentence below the recommended range because the defendant engaged in rehabilitation programs before sentencing.   A judge might explain that he went above the guidelines range because the defendant was recorded on jail phone calls expressing that he was glad he did the crime and would do it again if given the opportunity.

Guideline worksheets are completed for every case and sent to the Maryland Sentencing Guidelines Commission.  

How are the guidelines calculated?   First, an offender score is generated.  The score is calculated taking into consideration (1) whether the defendant was being supervised by the criminal justice system when he or she committed the crime; (2) whether the defendant has a juvenile record; (3) the defendant’s record; and (4) whether the defendant has any prior adult violations of probation.

Then an offense score is calculated.   The sentencing guidelines manual assigns a seriousness category (1 through 7) for every offense.  Each category is assigned a number of points.  Extra points can be given for the type of injury the victim received, the use of a weapon, and if the victim can be classified as having a “special victim vulnerability.”     The offender score and offense score are then compared on a matrix or graph that defines the recommended guidelines range.   If the defendant has been found guilty of more than one offense in a single criminal episode, the guidelines range can be considerably higher.  

It is probably fair to say that all judges in Maryland respect the guidelines but do not feel bound by them.  How much a judge feels compelled to follow a guidelines range in every case may depend largely on the personality and practices of the judge.   Certainly, the unique facts of the case play the premier role in determining how much a judge feels compelled to stay within the guidelines range.   Then, the good and the bad of the defendant’s record and history also plays a very important role.   What a victim has to say at sentencing also is given serious consideration by judges.    

The sentencing guidelines also play an important role in negotiating a resolution of a case.  If a  prosecutor is willing to give the defendant the option of pleading to one of five charged offenses, there may be advantages to pleading guilty to an offense that carries the lowest recommended guidelines range.    Sometimes, it is necessary to debate, with a prosecutor, whether the injuries of victim are permanent or non-permanent.   That distinction can affect the guidelines offense score. 

Raquel Smith and David Martella have nearly 50 collective years of experience handling serious cases in the Circuit Courts of Maryland.   Unlike many criminal defense attorneys who focus mainly on misdemeanor cases and traffic court, we know how important the details of the sentencing guidelines can influence the outcome of case.