Justin Ready supports SB0224 PBJ as disqualifying crime

Name Taken · Jan 31, 2017

GolfR said:
PBJ means that you are guilty of the charges filed against you. It's usually something that people agree to in a guilty plea to avoid punishment. "Judgement" is usually a jail sentence. Have no doubt that even if you are lucky enough to get PBJ on a 2nd degree assault, you are by law guilty of that crime.

I agree with an earlier post, it doesn't take much to be guilty of second degree assault. I had to testify for a friend who defended himself against a drunk idiot in downtown Baltimore. None of us had a single drink at that point in the night. Police didn't see the start of the fight but witnessed it end with my friend dropping the guy. In the end, the assault charges were dropped and he got PBJ and a fine for disorderly.

I just think we should remove PBJ all together from this crappy system.

What does it say when you plea guilty for the crime and the judges strikes the finding? You are either GUILTY or INNOCENT.

If found guilty they still don't have to give a jail term and often don't.

Look at how many murdered or murderers in and around Baltimore City have 10 plus cases of "PBJ". The normal citizen shouldn't find themselves in front of a judge once or twice in their lifetime let alone 10 plus times.

As for this quote...it's wrong. In the eyes of the law a PBJ is not a guilty plea and does not carry the same stigma's with it. It's kind of like everyone knows you did it but they want to take it easy on you. There is legislation offered each year to remove PBJ's from MD Case Search because how dare the folks know how many times a Judge, officer, or States Attorney didn't do their job.

montoya32 · Jan 31, 2017

Silent Partner said:
After seeing this Sunday 1-22 I emailed him inquiring why he supported this, I have not received a reply. Maybe it’s because I don’t live in his district, 5, but he takes my donations.
Please put pressure on him to answer for his support or remove his support from this bill.

justin.ready@senate.state.md.us

I spoke to him and he mistakenly supported this bill. He is correcting the record and removing support.

Minuteman · Jan 31, 2017

Stoveman said:
We spoke with him today on the bricks and he admitted he thought it was an NRA bill and signed on by mistake. We made him do 50 pushups....

montoya32 said:
I spoke to him and he mistakenly supported this bill. He is correcting the record and removing support.

Awesome, great stuff fellas; thank you! :thumbsup:

montoya32 · Jan 31, 2017

GolfR said:
PBJ means that you are guilty of the charges filed against you. It's usually something that people agree to in a guilty plea to avoid punishment. "Judgement" is usually a jail sentence. Have no doubt that even if you are lucky enough to get PBJ on a 2nd degree assault, you are by law guilty of that crime.

I agree with an earlier post, it doesn't take much to be guilty of second degree assault. I had to testify for a friend who defended himself against a drunk idiot in downtown Baltimore. None of us had a single drink at that point in the night. Police didn't see the start of the fight but witnessed it end with my friend dropping the guy. In the end, the assault charges were dropped and he got PBJ and a fine for disorderly.

Probation BEFORE Judgement?

Name Taken · Jan 31, 2017

montoya32 said:
Probation BEFORE Judgement?

His point is before the judge can give a PBJ the person has to make a guilty plea.

So they are pleading guilty and the PBJ is the punishment.

The judge reverses the guilty finding after the probation.

esqappellate · Jan 31, 2017

fabsroman said:
Yep. 2nd degree assault does not even require a touching. A person can be assaulted just by words. If I yell at my spouse and she is scared, I have just assaulted her and possibly lost my 2nd Amendment Right. Of course, LEO's and the State's Attorney have charging discretion, but it would suck to be on the wrong end of that discretion.

§3–201.
(a) In this subtitle the following words have the meanings indicated.
(b) “Assault” means the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings.

§3–203.
(a) A person may not commit an assault.
(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

Note that assault is a lot different than battery. Battery is actually touching/hitting somebody.

This is exactly correct. In short, *walk away*.....

nbklaw · Jan 31, 2017

Lawyers Full Employment Act

This should be renamed "Lawyer's Full Employment Act" because the potential ramifications to a person who wants to protect his or her gun rights is enormous, and if enacted, will tend to force many cases to trial where a plea agreement would otherwise have resulted.

Second Degree Assault can be as minor as a tap on the shoulder. "PBJ" is imposed after a finding of guilt either by way of a plea or after trial. In fact, a judge finds that the defendant is guilty beyond a reasonable doubt, but rather than a verdict of guilty, PBJ is entered, frequently in conjunction with supervised or unsupervised probation. A prosecutor may or may not affirmatively recommend PBJ, or may defer to the Court. Occasionally they will indicate to the Judge that they oppose PBJ.

As a practical matter, it is impossible for all cases to go to trial. A prosecutor has to pick and choose which cases are more serious and deserve greater attention, and which can be resolved quickly. To the extent that this amendment would take PBJ off the table, it will clog dockets by forcing certain defendants to trial, and remove an avenue of discretion from Prosecutors and Judges. It will also be used as a weapon by hostile spouses seeking to gain advantage in unpleasant divorce cases, e.g., "you don't want to let me have the house? Well how will you like it if you go to jail and lose your gun rights because I convinced a judge that you hit me?"

All in all a bad idea. However, it will be fantastic for business in many law firms. More volume, and larger fees since the stakes are all of a sudden higher for a previously less serious case.

Stoveman · Jan 31, 2017

nbklaw said:
This should be renamed "Lawyer's Full Employment Act" because the potential ramifications to a person who wants to protect his or her gun rights is enormous, and if enacted, will tend to force many cases to trial where a plea agreement would otherwise have resulted.

Second Degree Assault can be as minor as a tap on the shoulder. "PBJ" is imposed after a finding of guilt either by way of a plea or after trial. In fact, a judge finds that the defendant is guilty beyond a reasonable doubt, but rather than a verdict of guilty, PBJ is entered, frequently in conjunction with supervised or unsupervised probation. A prosecutor may or may not affirmatively recommend PBJ, or may defer to the Court. Occasionally they will indicate to the Judge that they oppose PBJ.

As a practical matter, it is impossible for all cases to go to trial. A prosecutor has to pick and choose which cases are more serious and deserve greater attention, and which can be resolved quickly. To the extent that this amendment would take PBJ off the table, it will clog dockets by forcing certain defendants to trial, and remove an avenue of discretion from Prosecutors and Judges. It will also be used as a weapon by hostile spouses seeking to gain advantage in unpleasant divorce cases, e.g., "you don't want to let me have the house? Well how will you like it if you go to jail and lose your gun rights because I convinced a judge that you hit me?"

All in all a bad idea. However, it will be fantastic for business in many law firms. More volume, and larger fees since the stakes are all of a sudden higher for a previously less serious case.

Helluva first post. Welcome.

BeoBill · Jan 31, 2017

nbklaw said:
This should be renamed "Lawyer's Full Employment Act" because the potential ramifications to a person who wants to protect his or her gun rights is enormous, and if enacted, will tend to force many cases to trial where a plea agreement would otherwise have resulted.

Second Degree Assault can be as minor as a tap on the shoulder. "PBJ" is imposed after a finding of guilt either by way of a plea or after trial. In fact, a judge finds that the defendant is guilty beyond a reasonable doubt, but rather than a verdict of guilty, PBJ is entered, frequently in conjunction with supervised or unsupervised probation. A prosecutor may or may not affirmatively recommend PBJ, or may defer to the Court. Occasionally they will indicate to the Judge that they oppose PBJ.

As a practical matter, it is impossible for all cases to go to trial. A prosecutor has to pick and choose which cases are more serious and deserve greater attention, and which can be resolved quickly. To the extent that this amendment would take PBJ off the table, it will clog dockets by forcing certain defendants to trial, and remove an avenue of discretion from Prosecutors and Judges. It will also be used as a weapon by hostile spouses seeking to gain advantage in unpleasant divorce cases, e.g., "you don't want to let me have the house? Well how will you like it if you go to jail and lose your gun rights because I convinced a judge that you hit me?"

All in all a bad idea. However, it will be fantastic for business in many law firms. More volume, and larger fees since the stakes are all of a sudden higher for a previously less serious case.

Well stated. Thank you. :thumbsup:

Justin Ready supports SB0224 PBJ as disqualifying crime

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