What pretrial diversion or drug court programs exist in Maryland?
Maryland's PBJ is the workhorse of state-level diversion, supplemented by problem-solving courts.
1. Pretrial Intervention / Diversion (DA-Run). State's Attorneys in Baltimore City, Montgomery, Prince George's, Howard, and others run diversion (e.g., Baltimore "Aim to B'More"). No uniform statute; rests on prosecutor discretion under Crim. Proc. § 6-220 framework.
2. Statutory Deferred Adjudication / Judicial Diversion. Md. Code Ann., Crim. Proc. § 6-220 (Probation Before Judgment, PBJ): court accepts guilty plea or finds guilt but stays judgment, places defendant on probation; on successful completion no judgment of conviction enters. Not available for some violent or repeat offenders. Md. Rule 4-248 (Stet) places case on inactive docket for 3 years; eligible for expungement.
3. Drug Court. Md. Code Ann., Crim. Proc. §§ 6-237 to -239 authorize Drug Court Programs; statewide network certified by AOC.
4. Veterans Treatment Court. Md. Code Ann., Cts. & Jud. Proc. § 1-808 authorizes Veterans Treatment Court.
5. Mental Health Court. Authorized under Crim. Proc. § 6-237 framework as a problem-solving court.
6. DUI Court. Operates under problem-solving court rules; ignition interlock under Md. Code Ann., Transp. § 16-404.1.
7. Youthful Offender. Juveniles under Cts. & Jud. Proc. Title 3 subtitle 8A; no general young-adult diversion statute.
8. First-Time-Offender Statute. Expungement under Crim. Proc. §§ 10-101 to -110; Maryland "Justice Reinvestment" expands expungement; PBJ and Stet eligible for expungement after 3 years (or earlier in some cases).
9. Effects. PBJ is not a conviction under Maryland law; immigration and federal sentencing may still treat it as one. Stet leaves case open without resolution.
10. Federal Pretrial Diversion. 18 U.S.C. § 3154; DMD operates PTD.
This is legal information, not legal advice.
- You want PBJ under § 6-220 and need to negotiate against probation length
- You face mandatory minimums and want admission to a Drug or Mental Health Court
- You need expungement of a PBJ or Stet after waiting periods
- Md. Code Ann., Crim. Proc. § 6-220
- Md. Code Ann., Crim. Proc. § 6-237
- Md. Code Ann., Cts. & Jud. Proc. § 1-808
- Md. Rule 4-248
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.