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 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. 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. 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.
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The Law Office of Raymond F. Location Reviews About. Probation Before Judgment Maryland probation before judgment, often abbreviated PBJ, is a disposition that is usually much better than a finding of guilt, but worse than a stet, nol pros, dismissal, acquittal, or not guilty verdict. Probation Before Judgment Effects There are several reasons that you might want a finding of probation before judgment. Disclosure on Applications A finding of probation before judgment need not be disclosed in Maryland in response to a question that asks for information about convictions, because a PBJ is not a conviction under Maryland law.
Expungement An expungement is usually available after three years if you receive a Maryland PBJ, with some exceptions. Immigration A Maryland probation before judgment is generally considered a conviction for United States immigration purposes.
Repeat Offender Status Most Maryland laws allowing or mandating larger penalties for repeat offenders require that the previous offense is a conviction. Changing your Disposition to Probation Before Judgment You may have a disposition of guilty and need a probation before judgment disposition. Maryland Criminal Practice Areas. Maryland Criminal Defense Topics. They are told to do certain things, such as do not incur any additional criminal charges, and to not do certain things, like refrain from consuming alcohol.
What a Defendant is told to do or not to do while on probation depends on the circumstances of the case.
If someone who receives a PBJ does something they are not supposed to do, or does not do something they were supposed to do, the Court can violate their probation after a hearing.
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