Maryland attorney Randolph Rice explains probation before judgement Maryland Maryland in this blog. Call 410-288-2900 to speak with attorney Randolph or schedule a free legal consultation if you’ve been charged with a crime or traffic violation. Same day appointments available. You can also email Mr. Rice by clicking here.
Q: What does PBJ stand for in Maryland?
A: PBJ stands for “Probation Before Judgement” in Maryland criminal cases.
Q: How do I get a probation before judgment (PBJ) in my criminal case?
A: Hire a lawyer and let that lawyer argue or negotiation a PBJ before the Judge or with the State’s Attorney. You may not be eligible for a probation before judgement in Maryland for certain types of cases.
Probation Before Judgement Maryland
Q: Am I eligible for a probation before judgement Maryland?
A: It all depends on the charges you are facing. These are the conditions under which you are not eligible for a probation before judgement in Maryland:
- You cannot get a probation before judgement in Maryland for a violation of 21-902 of the Transportation Article or 2-503, 2-504, 2-505, 2-506, or 3-211 of the Criminal Law Article if within the preceding 10 years you have be convicted of:
- 21-902 Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance.
- 2-503 Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence or alcohol per se.
- 2-504 Homicide by motor vehicle or vessel while impaired by alcohol.
- 2-505 Homicide by motor vehicle or vessel while impaired by drugs.
- 2-506 Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
- 3-211 Life-threatening injury by motor vehicle or vessel while under the influence of alcohol and related crimes.
- You cannot get a probation before judgement in Maryland for a 2nd of subsequent violation of Title 5 of the Criminal Law Article (Controlled Dangerous Substances, Prescriptions, and other Substances) except the Judge may grant you a probation before judgement (PBJ) for a violation of 5-601 of the Criminal Law Article (Possessing or administering controlled dangerous substance) if:
- You have been convicted only once previously of possession of a controlled dangerous substance under 5-601 of the Criminal Law Article; and
- You graduate from a drug court or successfully complete a substance abuse treatment program as a condition of probation;
- You are convicted a violation of any of the provisions of §3-303 through §3-307, §3-309 through §3-312, §3-315, or § 3-602 of the Criminal Law Article for a crime involving a person under the age of 16 years.
- You are convicted of a moving violation, as defined in § 11-136.1 of the Transportation Article (Moving Violation) if:
- You holds a provisional license under §16-111 of the Transportation Article; and
- You have previously been placed on probation under this section for the commission of a moving violation while you held a provisional license.
Q: Can I get a probation before judgement for a speeding ticket in Maryland?
A: Yes, you must appear in Court by way of a waiver hearing or trial request and ask the Judge to grant you a probation before judgement.
Q: Is probation before judgement Maryland a conviction?
A: Probation before judgement is not a conviction in Maryland. The law states (Maryland Criminal Procedure 6-220) “When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions…” By saying the Court is staying the entering of judgement, that means the Court does not enter a guilty finding in your case.
Q: What happens if I violate a probation before judgement Maryland?
A: If you violate a probation before judgement then the Judge can issue a bench warrant or a summons for a violation of probation. The Judge can sentence you to the maximum penalty for the original crime and strike the probation before judgement and enter a finding of “Guilty.”
Q: Can I expunge a probation before judgement in Maryland?
A: Yes, you can expunge a PBJ (probation before judgement Maryland). You have to wait 3 years from the end of your probation to file for an expungement. You file the expungement petition in the Court where you received the PBJ.
Q: Can I receive a Probation before Judgement for a DUI (driving while under the influence) in Maryland?
A: You can receive a PBJ for a DUI in Maryland unless you have been convicted of DUI in the preceding 10 years before your second DUI.
Q: Do I waive any rights when I receive a probation before Judgment in Maryland?
A: Yes, you waive the right to appeal the case.
Q: Who do I report to when I am on probation in Maryland?
A: You have to report to your assigned parole and probation office.
Q: Who do I call if I’ve been charged with a crime or traffic violation in Maryland?
Contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 or email the office for immediate legal help.