Maryland Probation Before Judgment

Under Maryland law, judges have the option to grant people a "Probation Before Judgment"(PBJ). This determination is made by the judge alone, though it is typically done at the request of a criminal defense attorney. It is seen as a favorable outcome and is often the result of the defendant taking positive action to "right their wrong" prior to the sentencing phase of their case.

A PBJ is not a conviction. It follows a guilty plea or a finding of guilt and does typically involve penalties associated with a conviction. However, one major difference with a probation before judgment is that a defendant can lawfully say they have never been "convicted" of a crime in most cases.

Although a judge is the final determining factor in if your case qualifies for a Maryland probation before judgment, there are certain situations in which a PBJ is more likely to be granted. They are more often used in cases where the defendant has no criminal record or very limited prior contact with the courts. Also, a PBJ is more common when the defendant has taken positive steps to make changes in their life prior to sentencing. A judge may look at alcohol treatment, community service, or mental health counseling as positive influences on the likelihood of granting probation before judgment.

One misconception about Maryland Probation Before Judgment is that it results in the charges being expunged or virtually nonexistent on your record. On the contrary, after a PBJ you must file an expungement request with the court. Expungement doesn't typically happen until after several years have passed in which you have not incurred any additional criminal charges.

Overall, a Maryland Probation Before Judgment is seen as a favorable outcome and can assist defendants in overcoming the common problems associated with having a conviction on their record. Consulting with a local Maryland defense attorney will help you determine the likelihood that a judge will approve a PBJ in your case.