Probation before judgment in Maryland?
In, Maryland, if you have been charged with a crime or traffic violation, you have probably heard about a probation before judgment of PBJ. So what is a PBJ in Maryland?
What is a PBJ in Maryland?
A PBJ is an acronym for “Probation before Judgment.” If you received a PBJ then you can honestly tell another person that you have not been convicted of a crime. The reason you can tell a person that is because a Judge may stay the entering of the judgment and defer further proceedings and place you a period of probation.
If you’ve been charged with a crime or driving under the influence in Maryland, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 for immediate legal help.
When are you eligible for a Probation before Judgment in Maryland?
- A first time felony;
- A first time misdemeanor;
- A second felony or misdemeanor if you enough time has passed since the last PBJ or the circumstances of the new case are convincing enough to the Judge;
- A first DUI (driving under the influence);
- A first DWI (driving while impaired);
- A second DUI, if the first DUI occurred more than 10 years ago;
- A second DWI, if the first DWI occurred more than 10 year ago;
- A first drug charge;
- A second drug charge if certain conditions are met.
When are you not eligible for a Probation before Judgment in Maryland?
- A second driving while impaired if within the preceding 10 yeas you were convicted of DUI;
- A second driving under the influence if within the preceding 10 years were were convicted of DWI;
- A second homicide by motor vehicle or vessel while under the influence of impaired if within the preceding 10 years you were convicted of DUI, DWI, or homicide by motor vehicle or vessel while impaired or under the influence.
- A second or subsequent drug conviction unless certain conditions are met for the 2nd drug charge.
- A second conviction for rape.
How Do I get a Probation Before Judgment?
You want to hire a lawyer that handles criminal and traffic cases. That lawyer will set you up with a plan to present to the Judge that will increase your chances of a PBJ for your charges.
What do I have to give up or waive to receive a PBJ in Maryland?
You will have to waive your right to appeal if you want a PBJ in Maryland.
What will I have to do during the probation period?
The judge may require you to complete a number of tasks or conditions during your probation, including, but not limited to:
- Pay a fine;
- Pay court costs;
- Make restitution to the victims of the crime;
- Participate in a drug or alcohol rehabilitation program;
- Complete community service;
- Complete a hospital program, visit a hospital;
Can I go to Jail if the Judge grants me Probation before Judgment?
Yes, a Judge could still require you to complete some period of incarceration, a PBJ does not guarantee no jail time.
In what types of cases would I be required to participate in drug or alcohol treatment and education programs?
If you have been granted a probation before judgment for the following types of cases, the Judge may require that you are evaluated by the Department of Health and Mental Hygiene:
- Driving while under the influence of alcohol;
- Driving while under the influence of alcohol per se;
- Driving while impaired by alcohol;
- Driving while impaired by drugs or drugs and alcohol;
- Driving while impaired by controlled dangerous substance;
- Homicide by motor vehicle or vessel while under the influence of alcohol or the influence of alcohol per se;
- Homicide by motor vehicle or vessel while impaired by alcohol;
- Homicide by motor vehicle or vessel while impaired by drugs;
- Homicide by motor vehicle or vessel while impaired by controlled dangerous substance.
If you have been charged with a crime or DUI, DWI, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 for immediate legal help.