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On July 1, Ramirez, a driver for PB&J, allegedly forgot to drop off the girls, ages 7 months and 1 year, in Rio Rancho. He later returned to PB&J in Bernalillo, locked the van and went home.
Probation before judgment is a term used in some states for a deferred adjudication, used by some states in sentencing certain first offenders. Laws governing probation before judgment are governed by state laws, which vary by state. The term and conditions of the probationary period is at the discretion of the judge. In some states, if the term of probation is successfully completed and there are no further violations, a sentence of not guilty will be imposed. Whether a probation before judgment counts as a conviction or is eligible for expungement varies by jurisdiction.
The following is an example of a state law dealing with probation before judgment:
- These are independent drivers So I would rather their compensation be paid directly to them. Please have a 911 address for the drivers to be able to GPS your location. I would also like to remind everyone that PBJ’s has a wide array of to go 6 packs, 12 packs and various size sodas. PBJ’s also has gift certificates available!
- The defendant driver, if they successfully complete the probationary period, can keep a clean driving record by avoiding a conviction. It is ultimately up to the judge whether they feel a driver is a good candidate, and the driver must accept waiving certain appeal rights in order to receive a PBJ.
“16-714. Probation for first time offenders.
(a) A person who has not previously been convicted of an offense and who pleads guilty or no contest to a non-violent offense, the Superior Court of the District of Columbia, if satisfied that it is in the best interests of the person and of the District of Columbia, may, upon the written request of the person and without entering a judgment of guilty, defer further proceedings and place the person on probation subject to reasonable terms and conditions set by the court.
(b) By consenting to probation before judgment of guilt, the person waives the right to appeal from judgment of guilt to a court regarding the matter. The court shall inform the person of this waiver before permitting the person to consent to probation before judgement [sic] of guilt.
(c) The terms and conditions of consenting to probation before judgment of guilt may include the following:
- (1) Paying a fine or restitution of actual costs any victims may have suffered;
- (2) Participating in an appropriate rehabilitation clinic or educational program; or;
- (3) Performing community service.
(d) Fines imposed as probation terms and conditions shall be within the amount prescribed by law for a violation resulting in conviction.
(e) If the court places the person on probation for driving under the influence, the court shall, as a condition of the probation, require the person to participate in a driver safety and awareness program and either an alcohol treatment program, or an alcohol-related educational program unless the court finds and affirmatively states on the record that the interests of the District of Columbia and of the person do not require the person to participate in an alcohol treatment or alcohol-related educational program.
(f) If the person violates any term or condition of the probation, the court may, enter a judgement [sic] of guilt and proceed as if the person had not been placed on probation.
(g) If during the probation period the person does not violate any of the terms and conditions of probation, upon expiration of the probation period, the court shall discharge the person from probation and dismiss the proceedings against the person. Discharge and dismissal shall be without adjudication of guilt, but a non-public record of the probation before judgement of guilt proceedings shall be retained solely for the purpose of the court’s use to determine whether, in subsequent proceedings, the person qualifies for probation before judgement [sic] pursuant to this section. Then, discharge and dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. The effect of discharge and dismissal shall be to restore the person in contemplation of the law to the status the person occupied prior to arrest and all subsequent proceedings pursuant to this section.
(h) Upon discharge and dismissal, the person may apply to the Court for an order to expunge all official records of the proceedings pursuant to this section, (not including the non- public record to be retained under section (g), all records relating to the arrest, indictment or information, and dismissal and discharge pursuant to this subsection. If the Court determines, after a hearing, that the person was dismissed and proceedings against him or her discharged, it shall enter an order dismissing the person. No person for whom an order of dismissal has been entered shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge a prior arrest in subsequent proceedings in response to any inquiry made of him or her for any purposes.'
Legal Definition list
- Probation Before Judgment
Related Legal Terms
PBJ VS DUI CONVICTION
In the state of Maryland, when you’ve been charged with a DUI, your lawyer might recommend that you accept a Probation Before Judgement (PBJ) disposition which is referred to as a deferred judgment. In the case of Probation Before Judgement, you are placed on probation with a certain set of rules, regulations, and guidelines you have to follow, much like probation for other crimes. There are some advantages as well as disadvantages to this disposition, although it’s still a better outcome than being charged with a DUI.
The Advantage of Deferred Judgement
If you’re offered a Probation Before Judgement (PBJ) you are put on probation rather than getting convicted. So long as you abide by the conditions of your probation, you don’t receive a DUI conviction. You also don’t get the points on your license which puts you in a better position with the Motor Vehicle Administration.
The Disadvantage to Deferred Judgement
Pbj 2.0
While it’s still better than a conviction, being on probation isn’t a great place to be. However, when probation prevents you from being convicted or going to jail, the choice is pretty clear as to which is preferable. The other issue with a Probation Before Judgement is that the incident isn’t expungable. This means that employers in the state of Maryland can access this information from Court records which can severely limit your ability to get a job, even though you were never actually convicted.
The Better Option
Pj Drive
While a Probation Before Judgement is preferred, the better option still is to be acquitted of the charges. Whether this comes from the prosecutor dropping the charges, lack of prosecution altogether or winning at trial, being acquitted of your charges not only keeps your record clean but also helps you to avoid the rest of the legal nightmare that comes with being convicted of a DUI or receiving a Probation Before Judgement.
DUI charges have a way of wrecking people’s lives in a short amount of time. From the loss of your license (and potentially your job) to staggering fines and the shame of being charged for driving under the influence…all these factors can have a profound impact on your life and/or your family. If you’re facing DUI charges then you need a skilled and aggressive DUI attorney at your side. Contact the offices of Alpert Schreyer to receive a free DUI consultation from one of our top rated attorneys and protect yourself, your family and your livelihood from the ravages a DUI can inflict on your life.