RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,181
That is incorrect information. A PBJ is not a guilty plea, a guilty plea is a plea and a PBJ is a disposition resulting from a plea. The difference is more than semantics and more than the absence of a penalty. In fact, many PBJs come with a penalty as part of the probationary aspect. The penalty could be a fine, community service, etc. The "before Judgment" means just that, probation is levied before judgment, if probation is satisfied judgment is never entered, i.e., you never have a criminal conviction on your record for that particular offense. What you do have, obviously, is a notation that you accepted a PBJ.
Show me ANYWHERE in Law... ANY law that states an INNOCENT person can be compelled to go through (serve) Probation.
Sorry but the way the state views this is the ONLY way that they can use it to take away your right to own a firearm.
PEOPLE FOUND INNOCENT ARE NOT RESTRICTED.
PEOPLE FOUND INNOCENT DO NOT GET PROBATION.
The defendant must ACCEPT a PBJ and sign for it. That signature signifies that the defendant agrees that the state has sufficient evidence to find him/her guilty. Once agreed to and signed signed, the defendant must appeal within a specific time period.
I have been in court many times and listened to the Judge ask the Defendant, "Do you agree to accept "Probation Before Judgement"?
Argue the point to a Judge and the MSP... I know what I have seen and heard in open court.