Legal Question in Criminal Law in Maryland

Ok, heres the deal. I was charged with 4th degree burglary, trespassing and destruction of property $500 or less. At trial I preyed a jury trial. At that trial the prosecutor offered a deal that if I pled guilty to the highest charge of 4th degree burglary they would drop the other charges. So I pled guilty and was sentenced to 18 months (suspended) and 3 years probation. Several months later I went for a sentence modification and the judge struck down the conviction and was given a PBJ (probation before judgement), the length and terms of probation were left unaltered. The conditions of probation included $500 restitution. At the end of my 3 years probation I still owed $250 restitution and my PO violated me. At my VOP hearing both the PO and the judge stated to me that if I didn't pay it off I could be put in jail for any backup time. It seemed like they were saying I still had a suspended sentence. I was under the impression that since the conviction was overturned that the suspended sentence was no longer in play. Could explain to me if this is the case or am I still under the suspended sentence?


Asked on 10/03/10, 1:12 pm

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

Probation before judgement results in no conviction. However, that probation may be violated. If it is, then the court may enter a guilty finding and sentence the defendant up to the maximum for the offense. Effectively, pbj suspends the maximum sentence in exchange for avoiding the conviction.

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Answered on 10/08/10, 1:21 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

If the backup time wasnt in play, then what would be the point of keeping you on probation? If that were the case you would have no motivation to be the world's best probationer.

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Answered on 10/09/10, 6:03 pm


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