What is a PBJ? A Harford County DUI Lawyer Explains the Probation Before Judgment

A Probation Before Judgment (PBJ) is a specific disposition in Maryland criminal and traffic cases where a person pleads guilty, but the court does not enter a formal conviction. Instead, the judge “strikes” the guilty plea and places the defendant on probation. If the defendant successfully completes all the terms of probation, the case record is marked with a PBJ, which is not considered a conviction under Maryland law.probation before judgment

The Key Benefits of a PBJ

A PBJ is highly sought after because it allows you to avoid many of the most serious consequences of a conviction. Because it is not a formal conviction, you can generally answer “no” on job applications that ask if you have ever been convicted of a crime. For drivers, a PBJ for a DUI offense means you will not receive the 12 points that would otherwise be assessed to your license, which can prevent your license from being suspended or revoked.

Eligibility and How a Harford County DUI Lawyer Can Help 🤝

A PBJ is not a right; it’s a privilege that judges grant at their discretion. It’s most commonly available for first-time offenders or those without a prior conviction or PBJ within the last ten years. However, even for a first offense, a PBJ is not guaranteed. Judges in Harford County, and throughout Maryland, are often hesitant to grant a PBJ if the case involves:

  • A high blood alcohol concentration (BAC).
  • An accident with injuries.
  • Uncooperative or aggressive behavior during the encounter with law enforcement.

This is where a Harford County DUI lawyer is essential. A skilled criminal defense lawyer will not only negotiate with the prosecutor to get a PBJ offer, but they will also prepare a mitigation package to present to the judge. This package shows that you take the charge seriously and are taking proactive steps to address the issue. It can include documentation of:

  • Completion of alcohol education or treatment classes.
  • Community service.
  • Installation of an ignition interlock device before it is required.

While a PBJ is a great outcome, a DUI attorney will always first explore every opportunity to have the charges dismissed entirely if there are valid technical or legal reasons to do so.

The Caveats of a PBJ

While a PBJ avoids a conviction, it’s not a perfect solution. You must comply with all terms of probation, which can include fines, alcohol classes, and a period of supervised probation. A single violation could lead the judge to “strike” the PBJ and enter the original conviction, leaving you vulnerable to the maximum penalties. Additionally, a PBJ is considered a conviction for some federal purposes, such as immigration. Finally, a PBJ for a DUI offense cannot be expunged from your record for 15 years.  This makes it different from other misdemeanor PBJs, which may be eligible for expungement three years from the close of probation.  If you find yourself charged on a first time (or repeat) criminal offense, immediately contacting a skilled criminal defense lawyer with experience handling Harford County DUI cases is critical for a great outcome.