PBJ may not be always in your best interest.

PBJ may not be always in your best interest.

Probation before Judgment (PBJ) is placing the defendant on probation before the judgment is entered.  That means the defendant has not been found guilty of the crime. It is expungeable (after successfully completing probation) and can save professional future of people who do not want to lie in their job applications.

PBJ may be an available option for most of those defendants who face criminal charges for the first time and believe that State has enough evidence against them. A first-time DUI or DWI offender (or someone who has not had a DUI/DWI conviction/PBJ within the last 10 years) can hope that the judge offer him a PBJ. Violation of the Maryland Controlled Dangerous Substances (CDS or Drug) laws for the first time can also result in a PBJ. Most the defendants who are charged with a felony or misdemeanor violation of Maryland law are also good candidates for PBJ. Even for those who have repeated an offense, PBJ may be available  if the defendant can show to the court that the defendant is amenable to treatment through probation before judgment.

Despite very interesting advantages that a PBJ may have for a defendant, some defendants should do their best to stay away from a PBJ. In fact, in some circumstances, a PBJ may have the same consequences of a conviction and therefore should not be easily accepted. Defendants who are not a United States Citizen as well as those who have a security clearance, or a CDL license should be very careful in giving up their appeal rights in exchange for a PBJ.

PBJ is considered as a conviction for the purposes of immigration. Therefore, immigration consequences of accepting a PBJ should be carefully determined by an immigration lawyer. Not all of the criminal convictions can prevent you from becoming a U.S. citizen but lots of them can. If you are not a U.S. citizen and offered by a PBJ, do not hesitate to contact an immigration attorney.

 

 


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