The finding of
Probation Before Judgment (PBJ) is common in numerous criminal and traffic
cases. When agreeing to a PBJ, you are
pleading guilty, and therefore, waiving your right to an appeal. But, the guilty finding is then replaced with
a PBJ. Three things you must know:
1) In
most circumstances, a PBJ can be expunged from your record after 3 years, which
means it will not show up in case search or in a background check. However, there are exceptions—such as DUI—where
expungement is not an option.
2) One
question we get all the time is how to answer the question about convictions on
a job application when you have a PBJ on your record. The answer is that you can answer that
question “No” because a PBJ is not considered a conviction. In addition, if you were charged with DUI and
receive a PBJ, your insurance rates will not increase as dramatically as they
would if you were found guilty.
3) Unfortunately,
not all crimes or traffic offenses are eligible for a PBJ. A first time DUI/DWI or controlled dangerous
substance crime is eligible for a PBJ. A
second DUI/DWI offense within a 10 year period or a second controlled dangerous
substance crime is not eligible for a PBJ.
Keep in mind, a PBJ is not awarded automatically just because you were
charged with a crime of traffic offense that is eligible for probation. For example, some judges will not award a PBJ
for DUI offenses, especially if there was a high blood alcohol concentration or
you contributed to an accident.
If you receive a PBJ
and violate the terms of your probation, i.e. getting charged with another
crime during your probationary period, you will face the entire sentence for
the crime or offense you committed when you are brought back in for the violation
of probation hearing.
If you or a family member has been charged with
DUI/DWI, or some other crime in Maryland and would like a free legal
consultation or if you would like more information please feel free to contact
our office at (301) 854-9000 and schedule an appointment at our office in Silver
Spring or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/
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