If you’ve been charged with a crime in Maryland, you may have heard about Probation Before Judgment (PBJ) as a way to avoid a conviction on your record. While PBJ can be a valuable legal tool, it’s important to understand exactly how it works, who qualifies, and the potential long-term consequences before agreeing to it.
At Hartman Attorneys at Law, we help clients in Annapolis, Glen Burnie, and throughout Anne Arundel County determine whether PBJ is the right strategy in their case. With former prosecutor Christian Hartman on your side, you’ll have an advocate who understands how to negotiate PBJs—and when it’s better to fight for a dismissal or acquittal instead.
What Is Probation Before Judgment?
Under Maryland Criminal Procedure § 6-220, PBJ allows a judge to strike a guilty finding and instead place the defendant on probation for a set period of time.
If you successfully complete the probation terms, no conviction is entered on your record. This means:
- You can legally say you have not been convicted of the offense (with some exceptions, like when applying for law enforcement positions or security clearances).
- You avoid many of the collateral consequences of a criminal record.
However, PBJ is not an acquittal—it is a form of deferred adjudication. You admit guilt (or are found guilty), but the court withholds entering the conviction.
Who Is Eligible for PBJ in Maryland?
PBJ is available in both criminal and traffic cases, but eligibility depends on several factors:
- First-time offenders are more likely to qualify.
- Some offenses, like certain serious felonies or violent crimes, are ineligible.
- DUI/DWI cases have specific PBJ rules:
- You may qualify if it’s your first or second offense.
- If you’ve had PBJ for DUI/DWI in the past 10 years, you can’t get it again for a new DUI/DWI charge.
Ultimately, granting PBJ is up to the judge’s discretion—often influenced by the prosecutor’s recommendation and your attorney’s advocacy.
Common Conditions of PBJ
If the judge grants PBJ, you’ll be placed on probation—either supervised or unsupervised—with conditions that may include:
- Paying fines and court costs
- Attending drug/alcohol education programs
- Completing community service
- Submitting to random drug/alcohol testing
- Avoiding new criminal charges
Failing to meet these conditions can result in revocation of PBJ, reinstating the guilty finding and imposing the original sentence.
Long-Term Benefits of PBJ
When completed successfully, PBJ can:
- Keep a conviction off your public criminal record
- Avoid driver’s license points in certain traffic cases
- Preserve employment, housing, and educational opportunities
- Allow for expungement after a waiting period (generally three years from the PBJ or completion of probation, whichever is later)
Potential Drawbacks of PBJ
While PBJ has clear benefits, there are also important considerations:
- Counts as a prior offense for sentencing in certain cases (especially DUI/DWI)
- Cannot always be expunged immediately
- May still appear in certain background checks
- Violating PBJ terms can lead to harsher penalties than if you had taken a plea deal without probation
This is why it’s critical to speak with a defense lawyer before accepting PBJ—sometimes, fighting the charge is a better option.
How Hartman Attorneys at Law Can Help
We evaluate each case to determine whether PBJ is the right path or if it’s better to pursue a trial, dismissal, or charge reduction. As a former prosecutor, Attorney Christian Hartman knows how the state views PBJ offers—and how to negotiate favorable terms when it’s in your best interest.
Considering PBJ in Annapolis? Get Legal Advice First.
PBJ can be a lifeline—but it’s not a one-size-fits-all solution. Before agreeing to it, you should understand how it will affect your record, future, and rights.
Contact Hartman Attorneys at Law for a free, confidential consultation. We’ll explain your options and help you make the choice that protects your future.