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Facing a criminal charge in Maryland is an overwhelming experience, filled with uncertainty about your future. You may have heard the term Probation Before Judgment, Maryland, mentioned as a possible outcome, a beacon of hope in a stressful situation.
It represents a critical opportunity to move past a mistake without the lifelong burden of a criminal conviction.
In this post, we seek to eliminate that uncertainty. We will provide you with not just definitions but also advice and reassurance as you navigate this important legal decision.
Using this guide, you can better understand how a PBJ works and what it could mean for you.
Let's get started
Key Takeaways:
- Probation Before Judgment (PBJ) is a specific sentencing option in Maryland where a judge withholds a formal conviction.
- A PBJ is definitely not a conviction. Upon successful probation completion, the guilty finding is officially struck from the record.
- Eligibility is not universal; it is often reserved for first-time offenders or those facing less severe charges, with specific statutory exceptions.
- The question of will probation before judgment will show up on a background check is yes; it can appear until the record is successfully expunged.
- Failing to comply with the terms of a PBJ can result in the court entering into the original conviction and imposing a sentence.
What is Probation Before Judgment in Maryland?
Essentially, probation before judgment is a special disposition available in Maryland's District and Circuit Courts. A judge can find a defendant guilty, strike that finding, and place the defendant on probation before entering a final judgment.
The legal basis for this is found in Maryland Code, Criminal Procedure § 6-220, which grants judges this power when it serves the public's and the defendant's best interests.
PBJs are primarily intended for rehabilitation. It provides a second chance for individuals, often first-time offenders, by allowing them to prove they can abide by the law.
Instead of being sentenced to jail time or receiving a permanent conviction, the defendant is given a set of conditions to follow for a probationary period.
This period can last up to three years in the District Court or up to five years in the Circuit Court. If all these conditions are met, the case is closed without a conviction, protecting the individual from many of the long-term consequences of a criminal record.
The Pros and Cons of a PBJ in Maryland
While a PBJ is often the best possible outcome in a criminal case, it is important to weigh its advantages and disadvantages. Understanding both sides can help you make an informed decision with your legal counsel.
Pros:
- It Avoids a Final Conviction: This is the most significant benefit. Since the guilty finding is struck, you can legally state that you have not been convicted of the crime, which is crucial for job applications, housing, and professional licensing.
- Protects Your Driving Record: For traffic offenses, a PBJ prevents the Motor Vehicle Administration (MVA) from assessing points against your license. This helps you avoid license suspension and reduces your insurance premiums.
- Eligibility for Expungement: In most cases, a PBJ can be completely removed from your public record through a process called expungement, usually three years after probation ends.
- Avoids Incarceration: A PBJ is an alternative to jail or prison. The focus is on probation and rehabilitation rather than punishment through incarceration.
- Maintains Future Opportunities: By preventing a conviction, a PBJ keeps doors open that a criminal record might otherwise close, such as opportunities for federal student aid, certain types of employment, and immigration status.
Cons:
- Violation Has Serious Consequences: If you violate any condition of your probation, the judge can revoke the PBJ, enter the conviction, and impose the original maximum sentence for the crime.
- You Waive Appeal Rights: To accept a PBJ, you must give up your right to appeal the case. You accept the guilty finding, even if it is temporarily struck.
- It is Not a Dismissal: A PBJ is not an acquittal or a dismissal of charges. The record of the PBJ will still exist and can be seen by law enforcement and on certain background checks until it is expunged.
- Probation Can Be Demanding: The conditions of probation can be strict and may include fines, court costs, community service, mandatory counseling, or substance abuse treatment, which require time and financial resources.
- Ineligibility for Future PBJs: Receiving a PBJ for certain offenses, like a DUI, can make you ineligible to receive another one for the same type of offense for the next ten years.
Eligibility for Probation Before Judgment
Remember, not everyone is eligible for a PBJ. The decision is ultimately up to the judge, who assesses whether you are a suitable candidate. Generally, the ideal candidate for a PBJ is a first-time offender or someone who has committed a relatively minor offense.
However, Maryland law prohibits PBJs in certain circumstances. Key restrictions on eligibility include:
- A defendant who has already received a PBJ for a DUI or DWI within the preceding 10 years is not eligible for another.
- A driver holding a provisional license is ineligible for a PBJ if they have already received one for a moving violation.
- Individuals found guilty of certain serious sexual offenses involving minors cannot receive a PBJ.
An attorney can review your specific situation and criminal history to provide an accurate assessment of your eligibility.
The PBJ Process Step-by-Step
Understanding the typical path to securing a probation before judgment can help demystify the process and prepare you for what lies ahead.
Step 1: The Charges are Filed
The process begins when you are charged with a crime or a serious traffic offense. At this stage, you will be given a court date for your trial.
Step 2: Consultation with an Attorney
It is highly recommended that you hire a criminal defense attorney. Your lawyer will review the evidence against you, discuss your eligibility for PBJ, and build a strategy to achieve the best outcome.
Step 3: Court Appearance
You and your attorney will appear in court on the scheduled date. At this point, you will typically enter into a plea deal. To receive a PBJ, you must either plead guilty or "not guilty, agreed statement of facts," which means you agree that the state has enough evidence for a conviction.
Step 4: The PBJ Request
After the plea, your attorney will formally ask the judge to grant you a Probation Before Judgment, Maryland. They will present arguments in your favor, highlighting factors like your lack of a prior record, your role in the community, and your remorse for the offense.
Step 5: The Judge's Decision
Your case, your attorney's arguments, and any statement you wish to make will be considered by the judge. It is entirely up to the judge to decide whether to grant a PBJ.
Step 6: Probation and Conditions
If the judge grants the PBJ, they will set out the length of your probation (up to three years in District Court, five in Circuit Court) and the specific conditions you must follow. These could include fines, community service, or counseling programs.
Step 7: Successful Completion
Once you complete the probationary period and fulfill all conditions, the guilty finding is officially struck. The case is then closed without a conviction.
Does Probation Before Judgment Count as a Conviction?
This is a critical question, and the answer is clear: No, probation before judgment does not count as a conviction in Maryland. The entire legal mechanism of a PBJ is designed to prevent a conviction from being entered on your record.
As long as you complete the terms of your probation, the initial guilty finding is struck, and a formal judgment of guilt is never entered.
This is why a PBJ is so valuable. It allows you to legally deny having a criminal conviction, which is a significant advantage in many aspects of life. It is important, however, to distinguish a PBJ from a case that was dismissed or acquitted.
While the outcome is similar (no conviction), the history of the case is different, which leads to the next important question.
Will Probation Before Judgement Show Up on a Background Check?
Yes, a PBJ can and often will probation before judgment shows up on a background check, at least until it is expunged. Because court proceedings are public records, a thorough background check can uncover the original charge and the PBJ disposition.
The records will show that you were found guilty, but that the finding was struck after probation.
This is why expungement is such a vital step in the process. Expungement is the legal process of removing court and police records related to your case from public view.
For most offenses, you are eligible to file a petition for expungement three years after your probation is completed.
Once expungement is granted, the record is effectively sealed and will no longer appear on standard background checks. The only major exception is alcohol-related driving offenses, which are not eligible for expungement in Maryland.
Conclusion
Probation Before Judgment Maryland represents a crucial opportunity for individuals to prevent a single mistake from defining their future. It is a legal pathway that avoids a conviction, protects one's record, and allows for a genuine second chance. However, it is not a simple get out of jail free card.
It comes with strict conditions and serious consequences for failure. The process is complex, and eligibility can be nuanced.
Navigating this process requires a deep understanding of the law and sound decision-making.
Proactive education can also play a role in avoiding situations that lead to criminal charges in the first place. Individuals can develop better judgment and decision-making skills through Critical Thinking and Consequence Training (CT3).
You can better navigate challenging situations in the future if you understand how choices lead to outcomes.
If you are interested in improving your decision-making skills, consider enrolling in a CT3 training course today to build a better future.
