What is PBJ?
In the legal context, PBJ stands for the phrase ‘Probation Before Judgment.’ Its most common usage is after a person has been found to have violated some aspect of the law. After a finding of a violation, including a finding that the accused party has entered into a plea bargain as part of the judicial proceedings, the court exercises a statutorily authorized discretion to grant or deny an individual, upon whom a charge has been proven, a probation before judgment . The general purpose is that this exercise of discretionary authority in not finding the individual "guilty" or "not guilty" but rather providing discretionary allowance for probation before judgment is a way of serving the ends of justice without writing a new conviction into the Criminal Justice System.
The Mechanics of PBJ in Court
The process of PBJ, or probation before judgment, begins when a person who is charged with a crime first goes to court and is eligible for probation before judgment. Eligibility for PBJ varies by state, but generally applies to less-serious cases. Most commonly, people face JBJ prosecution for misdemeanors, traffic violations, or other low-level offenses.
At the first court appearance, a person facing prosecution has two parties to please: the prosecuting attorney and the court itself. The prosecuting attorney will have a certain amount of information that may not be open to the public, depending on the case. Through negotiation with the defendant against that background of information, the prosecution may agree to offer a plea bargain of probation before judgment to mitigate the legal case against the defendant.
An example of this might be an individual charged with a first-time DUI offense. The prosecution may offer the defendant PBJ if, for example, a guilty verdict would result in an automatic jail sentence or loss of their driving privilege. Similarly, if the charge against the defendant would automatically lead to a license sanction upon conviction, as may happen in the case of underage drinking, the prosecution may offer PBJ if the defendant agrees to accept certain other terms.
Once the terms are accepted, the defendant will appear before the judge to confirm that they agree with the terms of the plea bargain. If the defendant agrees, the judge will agree to continue the case for a period of not more than one year. If the case returns to court within that year, the judge will decide whether to impose the penalty or not.
Pros and Cons of PBJ in Court
The first benefit of PBJ is that you avoid having a formal conviction on the record. In the majority of criminal cases, a conviction has serious ramifications on your criminal record. A conviction goes on your permanent criminal record, and shows up on all criminal background checks. Having a conviction can make you ineligible for employment, public housing, or even student loans depending on the conviction. The major benefit of PBJ, however, is that it’s eligible for expungement after three years. This means that after three years you can file for an expungement. In doing so, you are asking the court to erase and permanently remove all record of the case from all official court records and police records. After the records are expunged, you would technically be able to answer truthfully that you have never been convicted of a crime. An expunged offense would not show up on any background check and it would not show up on your criminal record. The main drawback of PBJ is that there are strict eligibility requirements to be eligible for PBJ. The charge must be non-violent. You cannot be required to register as a sexual offender because of the conviction. The charge must be either a misdemeanor or a felony punishable by a maximum of 2.5 years or less. You must not already have prior convictions that would otherwise make you ineligible for a PBJ. There are also certain offenses that a PBJ cannot be entered on such as: any offense listed under Maryland Criminal Law Article, §5-101, any driving while intoxicated offense, any assault with a motor vehicle offense, any sexual offenses that require registration under Sex Offender Registration Act, and certain crimes of violence.
PBJ compared to other types of court outcomes
PBJ – The Viable Alternative to Court Resolutions
With the knowledge that the evidence in the case almost certainly supports a guilty conviction, the Defendant may feel compelled to forfeit trial, however they are understandably wary of the marked change in their criminal record they will face if they simply accept the consequence. It is for this very reason that PBJ is a highly preferable alternative to pleading guilty or not guilty, and entering a plea agreement. Essentially, jury trials and plea bargains are diametrically opposed to the PBJ process. A defendant entering a plea of guilty has not contested the facts of the case as PBJ does, so they will be subjected to a conviction on their criminal record. On the other hand, a defendant entering a plea of not guilty is stating that they are innocent . A guilty verdict renders a conviction on their permanent record. However, an expungement is a possibility for either of those scenarios following the probationary period. PBJ is a first-offense pardon of sorts that enables an individual to avoid a conviction and the social or legal discrimination that the record may invite. In fact, the PBJ only remains a viable option until the defendant has already entered a guilty or not guilty plea. By entering PBJ the defendant agrees to comply with what is known as a "probationary sentence." This means that the individual must complete a probation period as outlined by the judge and must cooperate with any and all conditions required for the case. It is on the basis that they have adhered to these conditions that a court should be able to utilize PBJ, as stipulated under Maryland Criminal Law Article § 6-220.
Common scenarios and cases for PBJ
Generally, a PBJ is reserved for certain first-time crimes that are not violent in nature. For example, a client who is convicted for speeding may be found eligible for a probation before judgment notwithstanding the fact that the speed limit was broken by over 10mph. On a side note, if the violation concerns driving on a suspended license or driving uninsured, it is highly unlikely that a PBJ will be granted. Another example of a case that may result in a PBJ is a DUI or DWI charge. Again, the element of violence is not present in the circumstance, so oftentimes the Courts will grant a PBJ on a first offense. It will be incumbent on the attorney to show that the client went out of their way to engage in counseling and/or alcohol treatment and had been compliant for an extended period of time. A judge will also consider whether the client has any DUIs in other states, even if the charges were expunged. The more information a defense attorney can present to the judge to indicate that the client is unlikely to re-offend, the more likely the plea for probation before judgment will result in a successful outcome for their client.
How PBJ affects your case, law, and future
The long-term legal implications of PBJ are not so obvious. Upon the successful completion of terms and conditions of a PBJ, all the documents related to the criminal charge will be removed from public record. What that means practically is that after a person has completed a PBJ, they will no longer have a criminal conviction on their public record. This is not only an important distinction for potential employers (they will not find the public record of a conviction), but it can also mean that an individual with a PBJ charge may no longer be subject to consequences usually associated with convictions. For example, an individual with a PBJ may be deemed to have not been previously convicted of a crime and could be eligible to purchase a firearm, re-enter the military, or hold state office. The individual would also be able to legally answer, "no," to the question of whether they had ever been convicted of a crime of moral turpitude.
However, it is important to note that PBJ does not erase the fact that the individual was charged with a crime. Moreover, going forward, the conviction may be used to enhance a new criminal charge . For example, a first offense DUI could be upgraded to a second offense, or a minor theft charge could be considered a repeat offender. Lastly, the criminal charge will stay in the defendant’s file with the court system for future reference. The charge will not go away if the defendant applies for a job with the state of Maryland, has court appointed legal representation, or is appealing the conviction.
After completing a PBJ, the defendant will wait a period of three (3) years before they can apply to have the record expunged. The expungement process in Maryland is typically completed in two stages. First the defendant submits a petition to have the conviction removed and the court will conduct a preliminary review; if the judge is satisfied, the case will move to the second step. Defendants can request a hearing to prove why the case should be expunged, but typically the hearing is not necessary. If the judge agrees, the case will be expunged within thirty (30) days. If the judge does not agree, the defendant has a right to appeal the decision, which is handled at the Superior Court level.