I’ve Heard of a PBJ…but What is a PBJ (C)?

On October 1, 2023, hundreds of Maryland’s laws were tweaked, added, or changed. One such change was to the existing probation before judgement statute.

First, what is a probation before judgment (also known as a PBJ) in Maryland?
A probation before judgement (PBJ) is a discretionary DISPOSITION that a person may receive in criminal or traffic case. It’s discretionary, because it’s up to the Judge whether he or she will grant the Defendant a PBJ in a criminal or traffic case. A PBJ is not a guaranteed outcome. If a person pleads “guilty” to a criminal or traffic offense, or is later found “guilty” of a criminal or traffic offense (i.e. after a trial), a Judge may decide at sentencing to “strike” the “guilty” finding and place the Defendant on probation instead. In Maryland, a PBJ is NOT a conviction, since the Judge has struck the “guilty” finding from the record and instead placed a Defendant on probation. Most PBJs can also be expunged three years after probation ends.

What the heck is a PBJ (C)?
On October 1, 2023, the law regarding probation before judgements was tweaked. We still have PBJ’s in Maryland, but a person can now receive a probation before judgment under a PBJ (C) agreement.

A PBJ (C) is essentially an AGREEMENT that a Defendant can enter with the Judge and the Prosecutor. All parties must be in agreement to proceed this way at the outset of the case. If the parties are not in agreement at the outset, the Defendant cannot proceed by way of a PBJ (C) agreement and cannot request one at the conclusion of their case. Under the PBJ (C) agreement, a Defendant would plead “not guilty” and would not admit to the facts that the Prosecutor offers to the Court. As part of the agreement, a Defendant must also agree to waive their right to a trial and agree to be placed on probation, in exchange for the Court’s agreement to withhold a finding of “guilt” in their case.

How is a PBJ different from a PBJ (C)?
A PBJ (C) is different from a PBJ because with a PBJ (C) there is NEVER a finding of “guilt” made by the Court. With a PBJ, the Judge, after a plea or trial, has made a finding of “guilt,” but has decided to strike the guilty finding. A PBJ (C) is an agreement made at the beginning of a case with the Prosecutor and the Court, not relief asked for at the conclusion of a case during sentencing. Under a PBJ (C) agreement, a Defendant would also never enter a “guilty” plea, but rather enters a “not guilty” plea and does not admit to the facts that were offered to the Judge by the Prosecutor.

Why Does a PBJ (C) Matter?
Due to the fact that there is no finding of “guilt,” a PBJ (C) agreement would likely have LESS collateral consequences for an individual. These collateral consequences could in terms of one’s immigration status, security clearances, professional license, civil cases, etc.