Rule 4-333.1. Motion to Vacate Judgment of Conviction of Human Trafficking Victim

(a) Scope This Rule applies to a motion to vacate a judgment of conviction filed by an individual convicted of a qualifying offense pursuant to Code, Criminal Procedure Article, § 8-302 if the individual's participation in the offense was a direct result of being a victim of human trafficking.

(b) Content The motion shall:

(1) be in writing; and

(2) describe the evidence and include copies of any documents showing that the movant is entitled to relief under Code, Criminal Procedure Article, § 8-302.

(c) Notice The motion shall be:

(1) served on the State's Attorney for the jurisdiction where the conviction for the qualifying offense occurred; and

(2) if the qualifying offense occurred within five years before the filing of the motion, mailed to any victim's or victim's representative's last known address.

(d) Disposition Without a Hearing

(1) The Court may dismiss a motion filed under this section without a hearing if:

(i) The motion fails to assert grounds on which relief may be granted;

(ii) The motion offers no additional evidence beyond that which has previously been considered by the Court; or

(iii) The movant acted fraudulently or in bad faith in filing the motion

(2) The Court may grant a motion filed under this section without a hearing if:

(i) The State's Attorney consents to the motion;

(ii) No objection has been filed by a victim or victim's representative; and

(iii) At least 60 days have elapsed since notice and service of the motion

(e) Disposition The Court may grant a motion filed under this section on finding by a preponderance of the evidence that the movant's participation in the qualifying offense was a direct result of being a victim of human trafficking. The court shall state the reasons for its ruling on the record.