MD PBJ Attorneys Serving Frederick, Rockville, College Park
The state of Maryland, like many other states in the country, has a program called Probation Before Judgment, also commonly referred to as “PBJ”. The Maryland PBJ program, which is explained under MD Courts and Judicial Proceedings Section 6-220, is a disposition program or outcome a person can receive in a criminal, DWI, DUI or traffic case in Maryland. A PBJ means a person has not been convicted, despite the fact that the courts may find a defendant guilty. The Court will strike the “guilty” finding and enter a “probation before judgment.” Probation before judgment is available in most criminal, impaired driving and serious traffic cases in Maryland. It is important to note that not all criminal, DUI and traffic offense cases/charges are not eligible for a PBJ. The severity of your charges, how you behaved during arrest (resisting arrest is never a wise move) and you prior criminal and DUI record all come into play when determining Maryland PBJ eligibility. No matter how minor the charges you are facing appear, you need the help of an experienced Maryland criminal defense attorney helping people get into the MD Probation Before Judgment program.
Qualifying For Probation Before Judgment In Maryland
On paper anyone can received a PBJ in Maryland. This includes those facing a Maryland driving while under the influence (DUI) or a Maryland driving while impaired (DWI). Having said that there are also numerous situations when a person cannot receive a PBJ in Maryland. Some of these are:
- A PBJ for a DUI if you have been convicted or received a PBJ for a DUI in the past 10 years.
- You cannot receive a PBJ for possession of CDS if previously convicted of possession of CDS, unless the defendant has completed certain condition after the previous conviction
- There is not option for a PBJ if you are convicted of certain sexual offenses; and
- Any moving violations, including DUI and DWI if the driver holds a provisional license and the driver has been previously been placed on probation for a moving violation.
How Probation Before Judgment Works In Maryland
Once a Maryland probation before judgment is entered, the judge will typically place the defendant on a period of supervised or unsupervised probation. The probation can be supervised by Maryland Parole and Probation. There are various divisions of Parole or Probation that can supervise an individual including:
- Drinking Driving Monitor Program;
- Parole and Probation;
- Sexual Offender Management Team; or
- Alternative Community Service
In addition to the probation sentence, the court will mandate that you pay fines and court costs. The court may also direct you to complete community service and or pay restitution to the victim in the case (should there be one). If you receive a PBJ from a District Court Judge, probation can last for a maximum of 3 years. A probation before judgment from a Circuit Court Judge can last up to 5 years. To learn more about a Maryland Probation Before Judgment, and whether it is a good fit for you, contact Rockville Maryland PBJ Attorney Michael A. Taylor for a complimentary case review. Mr. Taylor will inform you of the MD PBJ program rules and explain your rights to you so can make an informed decision regarding what to do. Regardless of the Probation Before Judgment program being for you it is important to have a Rockville, Maryland criminal defense attorney on your side.
Benefits Of Probation Before Judgment In Maryland
One of the most common concerns and questions regarding the MD PBJ program are the benefits of a probation before judgment. In terms of traffic cases, the benefit of a probation before judgment is the Motor Vehicle Administration will not add points to your driving record. This can be key in ensuring the driver’s insurance rates do not increase as the PBJ record is not public record. This means that it is not accessible by the insurance companies. Another benefit of the Maryland probation before judgment program is that afterwards you will be able to expunge the charge from your record. Having said that it is important to note the an expungement for a PBJ cannot be filed in Maryland if you were charged with drunk driving/DUI/DWI. In addition, you will not not eligible for expungement of a PBJ if within 3 years of the entry of probation, you have been convicted of a crime other than minor traffic violation or a crime where the the act is no longer a crime in Maryland. Part of the Maryland probation before judgment program involves you waiving your right to appeal. The court will ask you on the record in the courtroom if you are willing to waive their right to appeal and accept the PBJ.
