HQL chances with misdemeanor -- pbj
- Thread starter pleez
- Start date
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danb
dont be a dumbass
as mentioned upthread, only specific PBJs are asked about on the 77r.
Answer the 77r questions the same as HQL.
That said, there have been cases where HQL was approved and 77r denied. Its hard to know what specifically happened there. Maybe the database got updated with new info, or something.
songlaw
Active Member
You WERE convicted
As others have stated, you entered a plea of "guilty." You WERE CONVICTED. The granting of Probation Before Judgment means that the judgment will not be entered at that time, provided you comply with certain conditions.
If you are asked "have you ever been CONVICTED of ________," you MUST answer yes. Simply answer yes, then explain. No issue. Hide it, and you may have a problem.
Also, you DO NOT have to wait 3 years to apply for an expungement. There is a waiver form that you can use to apply sooner. The 3 years is for the Statute of Limitations (to sue the police for wrongfully charging you) to run. If you waive the right to sue, you can file for an expungement right away.
As others have stated, you entered a plea of "guilty." You WERE CONVICTED. The granting of Probation Before Judgment means that the judgment will not be entered at that time, provided you comply with certain conditions.
If you are asked "have you ever been CONVICTED of ________," you MUST answer yes. Simply answer yes, then explain. No issue. Hide it, and you may have a problem.
Also, you DO NOT have to wait 3 years to apply for an expungement. There is a waiver form that you can use to apply sooner. The 3 years is for the Statute of Limitations (to sue the police for wrongfully charging you) to run. If you waive the right to sue, you can file for an expungement right away.
The 77R form asks "Have you ever been convicted in Maryland or elsewhere of a misdemeanor which, under Maryland law, carries a maximum penalty of more than 2 years?"
I think everyone who is reading is reading over this, and my charges. My maximum penalty is only 60 days.
So technically, I have not been convicted of a misdemeanor under MD laws that carries a max sentence of 2 years or more. Which my answer would be no. Right?
Squaregrouper
Kragaphile
You are correct, not even technically.
Your first post was about PBJ for resisting arrest. That is what started the shitshow. People saw post #1 and ran with it- very few saw the later post about nolle prosque and the PBJ was for disorderly conduct.
Start buying guns. While you're at it, get designated collector status so you can buy as many as you want.
songlaw
Active Member
No shit show here
Square:
The point was that, as others have also pointed out, a PBJ is a conviction. There is no question about that.
Pleez was incorrect when he said a PBJ is not a conviction, in Post #1. You were incorrect in your Post #7, when you stated the same. You know a lot more than I do about most things firearms related. Not a pissing contest. Not trying to offend. In this instance, your statement was incorrect. That is all.
Square:
The point was that, as others have also pointed out, a PBJ is a conviction. There is no question about that.
Pleez was incorrect when he said a PBJ is not a conviction, in Post #1. You were incorrect in your Post #7, when you stated the same. You know a lot more than I do about most things firearms related. Not a pissing contest. Not trying to offend. In this instance, your statement was incorrect. That is all.
roadking
Active Member
Googling the phrase “is PBJ a conviction in Maryland” will give you numerous places that dispute this interpretation. One even specifically says that MD case law says it’s not a conviction and that MD’s statutes treat it as a stay of judgement.
https://www.google.com/amp/s/www.fg...tdont-believe-what-you-may-have-been-tol.html
It also says that some EMPLOYERS (like the feds) DO treat PBJ as a conviction. But because an employer sees it that way doesn’t mean that’s the legal answer.
I am not a lawyer, so I don’t know the case law or the statutes. I can certainly see the reasoning on both sides of the debate. But desire what sounds logical and how we parse the sentences, the true answer for the state of MD is whatever the case law has shown and/or the statutes say. If one of us is a criminal lawyer, I’d love to know what the statues and case history say. Without that expert advice we will just continue to beat this horse. Unfortunately, it’s dead.
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RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,507
No criminal court in America can place anyone on any court ordered probation... unless that person has first been convicted of a crime.
PROBATION a legal binding order of the court after conviction...
Before self explanatory
Judgement a determination of penalty for a convicted person after a criminal proceeding in which the person was found guilty.
PBJ is simply a means of allowing a person who has been convicted of (or plead guilty to) a criminal offense... to complete a period of specific time with no further violation of law... without suffering the penalty.
Once the period is completed as ordered. The judgement (penalty) is then considered to be null and void.
The PBJ stands as a record of the proceedings of the court.
Expungement is your friend.
Honesty is your ally.
Conviction is a determination that the person did what they were charged with.
Judgement is what the court decides the convicted person must surrender/pay as a result of the finding/s of guilty. (Fines, jail time, or other penalty.)
Yes... PBJ is a stay of judgement... pending completion of the probation as ordered by the court.
roadking
Active Member
Thanks. In don’t mean to be contrarian but what we now know is how Noah Webster defined the terms and what a logical application of those definitions implies. But I still don’t know what Maryland case law has decided or what the statutes say. And both of those have sometimes defied what otherwise appeared to be logical or common sense applications of normal definitions. Unfortunately, the law says what the law is, not Noah or a reasonable application of his definitions. You might be spot on, but I still don’t believe we know the answer for sure without knowing the State’s on-record decisions.
Sent from my iPhone using Tapatalk
See (g)(3) below.
Maryland Code Criminal Procedures Article
Section 6-220. Probation before judgment
(a) "Custodial confinement" defined. -- In this section, "custodial confinement" means:
(1) home detention;
(2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or
(3) inpatient drug or alcohol treatment.
(b) In general. --
(1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if:
(i) the court finds that the best interests of the defendant and the public welfare would be served; and
(ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.
(2) Subject to paragraphs (3) and (4) of this subsection, the conditions may include an order that the defendant:
(i) pay a fine or monetary penalty to the State or make restitution; or
(ii) participate in a rehabilitation program, the parks program, or a voluntary hospital program.
(3) Before the court orders a fine, monetary penalty, or restitution, the defendant is entitled to notice and a hearing to determine the amount of the fine, monetary penalty, or restitution, what payment will be required, and how payment will be made.
(4) Any fine or monetary penalty imposed as a condition of probation shall be within the amount set by law for a violation resulting in conviction.
(5) As a condition of probation, the court may order a person to a term of custodial confinement or imprisonment.
(c) Participation in treatment and education programs. --
(1) When the crime for which the judgment is being stayed is for a violation of Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article, the court:
(i) before imposing a period of probation, may order the Maryland Department of Health to evaluate the defendant in accordance with Section 8-505 of the Health - General Article;
(ii) if an evaluation was ordered under item (i) of this paragraph, shall review the evaluation before imposing a period of probation; and
(iii) shall impose a period of probation and, as a condition of the probation:
1. shall require the defendant to participate in an alcohol or drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition; and
2. may prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock system under Section 27-107 of the Transportation Article.
(2) When the crime for which the judgment is being stayed is for a violation of any provision of Title 5 of the Criminal Law Article, the court shall impose a period of probation and, as a condition of probation, require the defendant to participate in a drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.
(d) Conditions under which probation before judgment prohibited. -- Notwithstanding subsections (b) and (c) of this section, a court may not stay the entering of judgment and place a defendant on probation for:
(1) a violation of Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article, if within the preceding 10 years the defendant has been convicted under Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article, or has been placed on probation in accordance with this section, after being charged with a violation of Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article;
(2) a second or subsequent controlled dangerous substance crime under Title 5 of the Criminal Law Article, except that the court may stay the entering of judgment and place a defendant on probation for possession of a controlled dangerous substance under Section 5-601 of the Criminal Law Article if:
(i) the defendant has been convicted once previously of or received probation before judgment once previously for possession of a controlled dangerous substance under Section 5-601 of the Criminal Law Article;
(ii) the court requires the defendant to graduate from drug court or successfully complete a substance abuse treatment program as a condition of probation; and
(iii) the defendant graduates from drug court or successfully completes a substance abuse treatment program as required;
(3) a violation of any of the provisions of Sections 3-303 through 3-307, Section 3-309, Section 3-310, Section 3-315, or Section 3-602 of the Criminal Law Article for a crime involving a person under the age of 16 years; or
(4) a moving violation, as defined in Section 11-136.1 of the Transportation Article, if:
(i) the defendant holds a provisional license under Section 16-111 of the Transportation Article; and
(ii) the defendant has previously been placed on probation under this section for the commission of a moving violation while the defendant held a provisional license.
(e) Waiver of right to appeal. --
(1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt.
(2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection.
(f) Effect of violation of probation. -- On violation of a condition of probation, the court may enter judgment and proceed as if the defendant had not been placed on probation.
(g) Effect of fulfillment of conditions of probation. --
(1) On fulfillment of the conditions of probation, the court shall discharge the defendant from probation.
(2) The discharge is a final disposition of the matter.
(3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.
(h) Local provisions. -- Repealed by Acts 2003, ch. 21, Section 1, effective October 1, 2003.
(i) Custodial credit. -- If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court.
Maryland Code Criminal Procedures Article
Section 6-220. Probation before judgment
(a) "Custodial confinement" defined. -- In this section, "custodial confinement" means:
(1) home detention;
(2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or
(3) inpatient drug or alcohol treatment.
(b) In general. --
(1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if:
(i) the court finds that the best interests of the defendant and the public welfare would be served; and
(ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.
(2) Subject to paragraphs (3) and (4) of this subsection, the conditions may include an order that the defendant:
(i) pay a fine or monetary penalty to the State or make restitution; or
(ii) participate in a rehabilitation program, the parks program, or a voluntary hospital program.
(3) Before the court orders a fine, monetary penalty, or restitution, the defendant is entitled to notice and a hearing to determine the amount of the fine, monetary penalty, or restitution, what payment will be required, and how payment will be made.
(4) Any fine or monetary penalty imposed as a condition of probation shall be within the amount set by law for a violation resulting in conviction.
(5) As a condition of probation, the court may order a person to a term of custodial confinement or imprisonment.
(c) Participation in treatment and education programs. --
(1) When the crime for which the judgment is being stayed is for a violation of Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article, the court:
(i) before imposing a period of probation, may order the Maryland Department of Health to evaluate the defendant in accordance with Section 8-505 of the Health - General Article;
(ii) if an evaluation was ordered under item (i) of this paragraph, shall review the evaluation before imposing a period of probation; and
(iii) shall impose a period of probation and, as a condition of the probation:
1. shall require the defendant to participate in an alcohol or drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition; and
2. may prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock system under Section 27-107 of the Transportation Article.
(2) When the crime for which the judgment is being stayed is for a violation of any provision of Title 5 of the Criminal Law Article, the court shall impose a period of probation and, as a condition of probation, require the defendant to participate in a drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.
(d) Conditions under which probation before judgment prohibited. -- Notwithstanding subsections (b) and (c) of this section, a court may not stay the entering of judgment and place a defendant on probation for:
(1) a violation of Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article, if within the preceding 10 years the defendant has been convicted under Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article, or has been placed on probation in accordance with this section, after being charged with a violation of Section 21-902 of the Transportation Article or Section 2-503, Section 2-504, Section 2-505, Section 2-506, or Section 3-211 of the Criminal Law Article;
(2) a second or subsequent controlled dangerous substance crime under Title 5 of the Criminal Law Article, except that the court may stay the entering of judgment and place a defendant on probation for possession of a controlled dangerous substance under Section 5-601 of the Criminal Law Article if:
(i) the defendant has been convicted once previously of or received probation before judgment once previously for possession of a controlled dangerous substance under Section 5-601 of the Criminal Law Article;
(ii) the court requires the defendant to graduate from drug court or successfully complete a substance abuse treatment program as a condition of probation; and
(iii) the defendant graduates from drug court or successfully completes a substance abuse treatment program as required;
(3) a violation of any of the provisions of Sections 3-303 through 3-307, Section 3-309, Section 3-310, Section 3-315, or Section 3-602 of the Criminal Law Article for a crime involving a person under the age of 16 years; or
(4) a moving violation, as defined in Section 11-136.1 of the Transportation Article, if:
(i) the defendant holds a provisional license under Section 16-111 of the Transportation Article; and
(ii) the defendant has previously been placed on probation under this section for the commission of a moving violation while the defendant held a provisional license.
(e) Waiver of right to appeal. --
(1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt.
(2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection.
(f) Effect of violation of probation. -- On violation of a condition of probation, the court may enter judgment and proceed as if the defendant had not been placed on probation.
(g) Effect of fulfillment of conditions of probation. --
(1) On fulfillment of the conditions of probation, the court shall discharge the defendant from probation.
(2) The discharge is a final disposition of the matter.
(3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.
(h) Local provisions. -- Repealed by Acts 2003, ch. 21, Section 1, effective October 1, 2003.
(i) Custodial credit. -- If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court.
tball
Ultimate Member
Find an attorney to see if you can have it expunged.
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