Legal Question in Criminal Law in Maryland
My husband was arrested, and charged with second degree assault (not convicted). If he takes a plea bargain of PBJ, how long will he be put on probation?
After that "probation period" is up, will that not show up on his record period?
Does a speeding ticket violate PBJ?
What happens if the state attorney's office puts this case on a stet docket?
1 Answer from Attorneys
The period of probation is up to the judge, but the law says not longer than five years. I am aware of examples when defendants have agreed toward the end of probation to have it extended in order to complete payment of restitution, if not doing so would lead to a violation.
The pbj will show up unless three years after the probation ends he petitions and the court grants an expungement.
Any guilty finding or pbj can violate an active probation. However, most probation officers and courts are not interested in violating probationers for payable traffic offenses, unless the probation offense was a traffic offense.
Stet is not a dismissal, but it is not a conviction, and it will not violate probation. It is like an indefinite postponement. Either party may subsequently request a trial date within the first year. After a year either party may request a trial date, but must also convince the court that there is "good cause" to set one. After three years a defendant can petition the court to expunge the entry of stet. The only right a defendant surrenders by agreeing to the entry of stet is the right to a speedy trial. If there is a subsequent trial date, the defendant cannot complain that the delay violated his right to a speedy trial, because he initially agreed to the delay. Generally, stet is a good thing.
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