Probation Before Judgment, commonly known as PBJ, is a significant and often misunderstood disposition within Maryland’s criminal justice system. While many defendants seek this outcome, its specific legal framework and implications require careful understanding.

For legal practitioners, explaining PBJ to clients involves navigating its purpose, eligibility requirements, and long-term benefits. This article examines three key aspects of Probation Before Judgment, drawing on Maryland’s statutory and case law.

What is Probation Before Judgment and Its Purpose?

At its core, a Probation Before Judgment is a legal disposition that allows a defendant to avoid a criminal conviction despite a finding of guilt. Instead of entering a formal judgment of guilt, the court strikes the finding and places the defendant on a period of probation. This unique procedure is explicitly authorized by Maryland law.

According to Maryland Criminal Procedure Code § 6-220(b), if a person is found guilty of a crime, a court may stay the entry of judgment and place the defendant on probation, subject to reasonable conditions. The primary purpose of this statute is rehabilitative. It offers a second chance to first-time or low-level offenders, encouraging them to demonstrate good behavior while under supervision. By successfully completing the probationary period, the individual can avoid the lasting stigma and consequences of a formal criminal conviction.

The Court of Appeals of Maryland has affirmed this purpose. It serves to identify defendants who are “good probationary risks” and can benefit from supervision without the burden of a conviction. The PBJ disposition effectively separates the finding of facts (that the defendant committed the acts) from the legal conclusion (a formal conviction). This distinction is critical to understanding how a PBJ functions both legally and practically.

Who is Eligible for a PBJ?

Eligibility for a Probation Before Judgment is not universal and is governed by specific statutory limitations. While many offenses are eligible, several serious crimes are explicitly excluded. Understanding these criteria is fundamental for managing client expectations and building a strong case for this favorable outcome.

The general rule under § 6-220 allows a court to grant a PBJ for most crimes. However, the statute outlines clear exceptions. A defendant is ineligible for a PBJ if they are found guilty of:

• A violation of specific driving under the influence (DUI) or driving while impaired (DWI) offenses if they have a previous conviction for a similar offense. For example, under Transportation Article § 21-902, a second-time DUI offender is generally barred from receiving a PBJ.
• An offense that carries a mandatory minimum penalty prescribed by law, unless the law specifically allows for a PBJ.
• A crime involving a moving violation if the defendant holds a provisional driver’s license and has a prior moving violation adjudication.

Beyond these statutory bars, the decision to grant a PBJ rests within the sound discretion of the court. A judge will consider several factors when determining if a defendant is a suitable candidate. These often include:

• The defendant’s age and prior criminal record.
• The nature and circumstances of the offense.
• The likelihood that the defendant will respond favorably to probationary treatment.
• The safety of the community.

Defense counsel’s role is to present a compelling argument that their client is a good candidate for this rehabilitative measure, emphasizing mitigating factors and a commitment to lawful conduct.

The Legal Implications and Benefits of a PBJ

The primary benefit of receiving a Probation Before Judgment is clear: it is not a conviction. This single fact has profound legal and personal implications for the defendant. Upon successful completion of probation, the individual can truthfully state that they have not been convicted of the crime.

Avoiding a Conviction: As established by § 6-220, a PBJ prevents the entry of a formal judgment of guilt on a person’s record. This is crucial for employment, housing, and professional licensing applications, many of which ask about prior convictions.

Expungement Opportunities: A PBJ disposition opens the door for expungement, which is the process of removing the case from public records. Under Maryland Criminal Procedure Code § 10-105, a person who receives a PBJ can petition for expungement after successfully completing their probation. The waiting period is typically three years after the disposition, though it can be waived if the person files a General Waiver and Release. Once expunged, the records are sealed, providing a true clean slate. There are exceptions, as a PBJ for an alcohol-related driving offense is not eligible for expungement under this statute.

Not Helpful for Immigration Consequences. A PBJ is not helpful for immigration consequences because it still results in a finding of guilt. If you have potential immigration issues, you must consult with an experienced attorney before accepting a pbj resolution.

Violation of Probation: It is critical to understand that the benefits of a PBJ are contingent upon successful completion of the probationary term. If a defendant violates the conditions of their probation—for example, by committing a new offense or failing a drug test—the consequences can be severe. According to § 6-220(f), upon a finding of a violation of probation, the court may strike the PBJ and enter a judgment of conviction. The defendant can then be sentenced on the original charge, potentially facing the maximum penalty allowed by law.

Come for a Free Consulation.

Probation Before Judgment represents a vital tool in Maryland’s justice system, promoting rehabilitation over purely punitive measures. For defendants, it offers a pathway to avoid the lifelong consequences of a criminal conviction. For legal professionals, a thorough understanding of the governing statutes, eligibility rules, and the mechanics of violating probation is essential for effective advocacy.

If you would like a free consultation for your criminal case with one of our experienced attorneys, please call us 24/7 at 301.513.7832. Alternatively, you can complete our online intake form here. Once completed, an attorney will reach out to you within fifteen (15) minutes.