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Probation Before Judgment

Delaware Probation Before Judgment Lawyers

Newark Delaware Probation Before Judgment Attorneys

In the state of Delaware if a first time offender for certain violations or misdemeanors pleads guilty they may be given probation before judgment (PBJ). This is a means of avoiding having a conviction entered against the offender. The eligible violations and or misdemeanors are under Delaware Titles 4, 7 and 11. Also, certain violations or misdemeanors under Title 21 may be eligible for Probation before judgment in Delaware. It is a wise move to speak with an experienced Delaware Probation Before Judgment Lawyer if you have been arrested and have questions regarding keeping a conviction off of your record.

If you have been arrested and charged with any of the offenses mentioned above you may qualify for PBJ in Delaware. Call me, Newark Delaware Probation Before Judgment Attorney Kevin P. O'Neill at 302 622 9500. You may also reach me via email here. I have a plethora of experience handling all criminal matters in Delaware including probation before judgment and University of Delaware student offenses.

Delaware Probation Before Judgment Eligibility

The following offenses may possibly make you eligible for probation before judgment:

  • Violations of Titles: 4, 7, 11 and certain violations pertaining to Title 21
  • Even if you are otherwise eligible the court and the State must still approve your PBJ entry

Probation Before Judgment Ineligible Violations In Delaware

The following violations or misdemeanors automatically disqualify you for PBJ in Delaware:

  • Being arrested while currently serving sentence of incarceration, probation, parole or early release
  • Previous entry of probation before judgment within 5 years of current offense
  • Are currently charged with Title 4 offense and have been convicted of Title 4 offense within 5 years of current offense
  • Are currently charged with Title 7 offense and have been convicted of Title 7 offense within 5 years of current offense
  • Are currently charged with Title 21 offense and have been convicted of Title 21 offense within 5 years of alleged offense
  • Are currently charged with Title 11 offense and have ever been convicted of violent felony, been convicted of non-violent felony within 10 years of current offense or have been convicted of Title 11 misdemeanor within 5 years of alleged offense

Probation Period In Probation Before Judgment Entry

The judge will ultimately determine your probation period. However, the probation period cannot exceed the maximum time for probation commitment determined under Delaware law for the specific offense you are charged with, or one year, whichever term is greater.

A probation under PBJ in Delaware is governed by the court and the terms and conditions are handled by that same court. Under PBJ you do not have to report to a probation officer.

Contact A Newark Delaware Probation Before Judgment Attorney

Call me, Newark Delaware PBJ Attorney Kevin P. O'Neill regarding your possible probation before judgment entry. You can also email my office directly here. Let me fight to protect your rights and help you get your life back on track.

I proudly serve those accused of misdemeanors and crimes throughout all of New Castle County, Delaware including: Wilmington, Claymont, Brandywine, Newport, Stanton, Newark, University of Delaware, Bear, Glasgow, New Castle, St. Georges. Middletown, Odessa and Townsend. I also serve those accused of crimes in central and lower Delaware.