Probation before judgment (PBJ) is a way of resolving a criminal or traffic case in the State of Maryland without potentially having a conviction for a criminal or traffic offense on your record. If you have not previously received the benefit of a PBJ disposition or if you have previously been convicted of only a minor offense, then you may be eligible for a PBJ disposition.
What is Probation Before Judgment?
Probation before judgment (PBJ) is a special type of disposition in a criminal or traffic case. In a nutshell, it is a means of avoiding a conviction of a criminal or traffic offense on your record. This may be confusing; but to receive the benefit of PBJ, you must either enter a guilty plea or be found guilty following a trial by a judge or jury. Instead of being sentenced to jail and/or having to pay a heavy fine, the judge may grant you the benefit of PBJ in lieu of jail and/or a heavy fine and place you on a period of probation instead. The probation will likely have one or more conditions and may either be supervised or unsupervised. In a case where someone receives PBJ for a DUI/DWI offense, probation will typically consist of submitting to an alcohol or drug abuse assessment and following through with any recommended treatment program. Probation is violated when someone fails to comply with or complete one or more of condition(s) of probation. If someone is found to have violated his or her probation, the judge generally has several options: Revoke your probation and impose a period of incarceration and/or a heavy fine; revoke your probation and take away your PBJ disposition (leaving a conviction on your record); and/or extend or modify your probation.
The Benefits of Probation Before Judgment
Avoiding a conviction on your record for a criminal or traffic offense is the primary benefit of PBJ. On an employment or housing application, PBJ allows you to truthfully say that you have not been convicted of a crime. PBJ also allows you to potentially have all records pertaining to your case erased from the public domain through a process called expungement. In other words, PBJ is an opportunity for a second chance at having a clean slate.
How a Baltimore County Criminal Defense Attorney Can Help
- Possession of a Controlled Dangerous Substance;
- DUI/DWI (a PBJ disposition would mean that no points are added to your Maryland MVA driver record);
- Second-Degree Assault;
- Speeding and Other Minor Traffic Offenses (again, a PBJ disposition would mean that no points are added to your Maryland MVA driver record); and,
- Many other criminal and traffic offenses
But the key takeaway about PBJ is that the judge has wide discretion in whether or not to grant it. There is absolutely no guarantee that you will receive a PBJ disposition, even for a first offense. Anyone, including an attorney, that makes such a promise or guarantee would be lying to you – plain and simple. The judge will consider the seriousness of the offense, your criminal and/or driver record(s), and whether the offense involved violence or a weapon, whether the offense involved children, whether the offense involved large quantities of drugs, and other factors. An experienced criminal defense attorney likely knows what you can do before court to increase the likelihood of receiving a PBJ disposition if you decide to either plead guilty or are found guilty following a trial by a judge or jury. By working with an experienced criminal defense attorney, there are things you can do before court to show the judge that a PBJ disposition would be appropriate, deter you from re-offending, benefit society, and be in the interest of justice.
If you are charged with a criminal or traffic offense, please contact our office today to talk with an experienced criminal defense attorney who can be your champion in court and help you get a PBJ disposition.
A legal champion can make the best legal argument for a PBJ disposition on your behalf and help you prepare for court. If your goal is to avoid a conviction, then contact the legal champion you deserve today for help.