If I’m a first time traffic offender, should I just accept probation before judgement

UPDATED: Oct 1, 2022

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If I’m a first time traffic offender, should I just accept probation before judgement

I was driving without a license which carries a jail sentence of 60 days. I cannot go to jail, so should I just plead for a PBJ. The prosecution is not seeking jail sentence and is willing to waive fines associated with other offenses.

Asked on November 26, 2018 under General Practice, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have answered your own question: if you "cannot go to jail," avoiding jail is the most important thing. If you could face up to 60 days if to go to trial and lose, but are being offered a plea without jail time, take the plea--otherwise, there is a significant chance you will end up in jail.

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