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Category: Criminal Law
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Experience:  20 years trial experience in defense of criminal cases
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For the following case - what would the duration of probation

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For the following case - what would the duration of probation be as the length is not listed anywhere on the case file?

Charge: 16-303 Driving on Revoked/ Susoended/ Canceled Drivers License
Disposition: Probation Before Judgment (6-220)
In Maryland, “probation before judgment”, known as “PBJ” allows a defendant to resolve a case without a trial and without a conviction, many lawyers, particularly those interested in a “quick plea”, consider this disposition to be the grease that oils the wheels of the criminal justice system. The disposition of PBJ is created by a statute found in Section 6-220 of the Criminal Procedure Article of the Annotated Code of Maryland. This statute specifically states that “Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.” Lawyers routinely tell their clients who receive a PBJ that they can legally state that they have not been convicted of a crime.

PBJ is not generally considered to be a conviction, there are times when it will be treated as a conviction and penalties will be assessed just as if a defendant was convicted.

So, because nothing was stated in the file - you have NO probation.

When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions. But those conditions would have to be stated in the record - if none stated - then there isn't anything you have to comply with.

Usually the court as part of such order conditions as part of the probation which may include an order that the defendant:

(i) pay a fine or monetary penalty to the State or make restitution; or

(ii) participate in a rehabilitation program, the parks program, or a voluntary hospital program.



Since that wasn't done - then there isn't a period of probation for any requirements in the matter.
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