One of the other benefits of a Maryland probation before judgment is a person is able to expunge the charge from their record. In addition, a person is not eligible for expungement of a PBJ if, within 3 years of the entry of probation, the individual has been convicted of a crime other than a minor traffic violation or a crime where the act is no longer a crime in Maryland.
To receive a probation before judgment, you must waive your right to appeal. The Court will ask the defendant on the record in the Courtroom if they wish to waive their right to appeal and accept the PBJ. If you have been granted probation before judgment for the following types of cases, the Judge may require that you are evaluated by the Department of Health and Mental Hygiene:.
What happens if you violate probation before judgment in Maryland? The judge may ignore the violation, issue a summons for a hearing or issue a bench warrant for your arrest. If you are found in violation of probation, then the judge may sentence you to the maximum penalty for the offense. Yes, you can expunge a PBJ or probation before judgment in Maryland, but there are some conditions. If probation before judgment was entered, and the offense is no longer a crime, then you may file for expungement immediately.
If you received a probation before judgment, and the offense is still a crime, you must wait 3 years from the end of the probation period or the date in which the PBJ was entered in the court. Therefore, if you received a PBJ and were placed on 1 year of probation, then you could file 4 years from the date the probation before judgment was entered.
However, if the court did not order probation, then the expungement petition may be filed 3 years after the date of disposition. A general waiver and release are not required when filing an expungement of probation before judgment since the statute of limitations would have run by that date. In Maryland, the general statute of limitations for civil claims is 3 years. Drivers that are charged with a speeding ticket in Maryland, and elect a waiver hearing or trial, have the ability to receive a PBJ.
The judge must grant the probation before judgment for a speeding ticket. Worrying about the possible outcomes, including probation before judgment, can cause a lot of sleepless nights. If you are facing criminal or traffic charges, contact attorney Randolph Rice today to discuss your case and if your charges are eligible for a PBJ.
Understanding that while probation before judgment is a beneficial option, it is not always guaranteed is essential. If you have been charged with a drunk driving-related offense in Maryland, an aggressive DUI lawyer can help you fight the charges.
Call our law office today for a free case evaluation and to find out whether probation before judgment is a viable option for you. Oleg Fastovsky Maryland criminal defense group. 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. The following is a list of situations in which probation before judgment is not available: For any second DWI or DUI conviction within ten years; For second or subsequent violations of the controlled dangerous substances laws in Maryland; For any first offense sex crimes against a child; and In instances where the alleged crime has a specific minimum penalty.
Some examples of this would be certain instances of violent crimes, handgun offenses, and narcotics—related crimes. Helpful Pointers Regarding PBJs It is important to understand as a defendant that the majority of judges view probation before judgment as something that is earned, which means it may not be automatically awarded for all first offenses.
Situations Not Eligible for PBJ While a judge is able to grant PBJ for many first-time convictions, you may not receive the option if the following circumstances apply: DUIs that involve any type of accident; DUIs in which the defendant had a high blood alcohol content; When large quantities of drugs are present; and Crimes that involve violence.
So paying the ticket will likely cause the conviction to appear on the driving record of your home state. You might also incur additional points. Some states like Virginia will assign their own point value to traffic violations committed in other states.
First, there is the convenience of not having to spend a morning or afternoon sitting in a courtroom? Because you did not appear in court, you will have said nothing about the incident that could be used against you in a related civil or criminal traffic proceeding. For example, if you were in an accident involving injuries to other people, your explanation of the accident in court might be used against you in a civil lawsuit filed later.
Also, for most minor traffic violations, the preset fine listed on the ticket does NOT apply once the case goes to court. However, be aware that a judge in court can also reduce the preset fine.
If you think you are not guilty of the offense, the only way you can challenge the ticket is to go to court. If the case resulted in an accident, it is sometimes helpful to hear what the other witnesses have to say, or ask them questions to prepare for civil lawsuit or related criminal case. For any reason the judge wants. You have too many violations on your record. The judge thinks you lied about your record.
Your violation contributed to an accident and injuries to other people. The judge thinks your clothes were disrespectful to the court. He or she does not like your attitude.
The officer told the judge you were insulting and disrespectful at the time of the traffic stop. If the charge carries points, you will not receive the points. The charge will also not appear on your regular driving record, but it will likely appear on your Maryland PBJ record. Law enforcement officers, judges, prosecutors, and other people will be able to see your PBJ record. It is possible your insurance company will learn about matters that resulted in a PBJ.
This is especially useful when someone was travelling in Maryland when he or she got the ticket but does not want to come back to Maryland to appear in court. In some cases, the attorney may be able to have a trial and defend the case without you. If the attorney appears and no witnesses show up, the attorney may ask to have the citations dismissed.
If the witnesses do appear and you have no defense, the attorney may be able to convey your explanation and circumstances in an effort to get a more favorable outcome. That depends on your circumstances and your comfort level with regard to paying tickets or going to court without first consulting an attorney.
An attorney can help evaluate how a minor traffic ticket may impact your situation.
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