What Is Probation Before Judgment (PBJ) In Maryland?

If you’ve ever been to traffic ticket court before in Maryland, you might have heard of the term “Probation Before Judgment” or PBJ. PBJ’s also can be granted in criminal cases, and for many defendants PBJ is considered one of the more favorable outcomes that can be achieved in a criminal case. While it offers significant benefits, it is not without its downsides. Understanding how PBJ works and when it may be the right option is essential for anyone facing a criminal charge in Maryland.

What is Probation Before Judgment? 

Maryland is the only state with Probation Before Judgment. When a Judge grants PBJ to a defendant, the defendant is placed on probation without an actual conviction being entered onto their record. In other words, you may plead guilty or be found guilty, but the court “strikes” the finding of guilt and instead places you on probation. If you successfully complete your probation, you can avoid having a criminal conviction on your record.

Who is eligible for PBJ? 

Not every criminal defendant qualifies for PBJ. Much depends on the charges against you. Judges have wide discretion in granting PBJ, and they typically consider factors such as:

• The seriousness of the offense
• The defendant’s prior criminal record
• The likelihood that rehabilitation will be successful
• The victim’s input (in certain cases)

Certain offenses, particularly violent crimes and repeat DUI cases, are less likely to result in PBJ. However, for first-time offenders charged with misdemeanors, minor drug offenses, or non-violent crimes, PBJ can be a realistic option.

What are the benefits of PBJ?

The most significant advantage of PBJ is the avoidance of a conviction on your criminal record. This can protect you when applying for jobs, housing, or professional licenses, since a conviction often triggers mandatory disclosures and background check issues.

In addition, if you receive PBJ for a traffic offense such as DUI or DWI, you will not receive “points” on your driving record, which can help preserve your license and keep insurance rates lower.

Another benefit is that, in many cases, a PBJ can later be expunged from your record, giving you a clean slate after completing your probation period.

Downsides of PBJ 

If you do not comply with the terms of the probation you received under the PBJ a violation of probation will be filed in the court that sentenced you.  If the court finds you guilty of violating probation you will likely have the PBJ stripped away, a criminal conviction entered, and you face potential imposition of the sentence you originally faced.

In addition, PBJ is considered a “prior offense” if you are charged again later. If you are arrested for a second DUI, the court will treat that as a repeat offense. In addition, PBJ can be treated as a conviction by some licensing boards or by immigration authorities.

Talk to a Bel Air, MD, Criminal Defense Lawyer Today 

Schlaich & Thompson, Chartered, represent the interests of those who are facing criminal charges in Bel Air, MD. Call our Bel Air criminal lawyers today to schedule an appointment, and we can begin discussing your next steps right away.