Maryland Judgment of Conviction and Sentence
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FAQ
Maryland Probation Before Judgment. Under Maryland law, probation before judgment (PBJ) refers to a defendant being placed on probation before a judgment has been entered in their case. This means that the individual has not been found guilty of the crime with which they have been charged.
What Does PBJ Mean? PBJ means a person has not been convicted, even though a judge or jury may find a defendant guilty. The court will strike the ?guilty? finding and enter a ?probation before judgment.? In other terms, the courts stays the finding of guilt and enters probation before judgment.
In the judgment of conviction, the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. If the defendant is found not guilty or is otherwise entitled to be discharged, the court must so order. The judge must sign the judgment, and the clerk must enter it.
Maryland has limits on the amount of time that someone can spend in jail for a violation of probation. A first violation can result in jail for up to 15 days, while a second violation can result in jail for up to 30 days and a third offense can result in jail for up to 45 days.
Probation before judgment (PBJ) provides a means for a first offender to avoid having a conviction entered against him or her. PBJ works as follows: The offender enters a plea of guilty or nolo contendere. The Court defers further proceedings and the entry of a judgment of conviction against the offender.
Expungement. An expungement is usually available after three years if you receive a Maryland PBJ, with some exceptions. A guilty disposition usually cannot be expunged in Maryland, but there are a growing number of exceptions.
As a defendant, probation before judgement (PBJ) will mean that you will have probation without conviction. This keeps your record conviction-free under Maryland law. A judge can give you probation before judgement after a guilty plea or guilty finding after trial.
If you receive a PBJ from a District Court Judge, probation can last for a maximum of 3 years. A probation before judgment from a Circuit Court Judge can last up to 5 years. If you want to read the full text of the PBJ rules, check out Maryland Courts and Judicial Proceedings Section 6-220.