Collateral Consequences in Criminal and Traffic Cases

Scott Scherr • July 29, 2025

The disposition in your criminal or traffic case can have unforeseen consequences.

There are collateral consequences in many criminal and traffic cases. While you may plead guilty in a criminal or traffic case and face little punishment, the conviction or even probation before judgment can have a a huge impact on your life and liberty.


Most people know that moving violations result in points on your Maryland driving record. If you receive a conviction or points, your insurance rates are likely to increase. To make matters worse, the MVA will make you do driver improvement if you get to 5 points, will attempt to suspend your license at 8 points, and will attempt to revoke your license at 12 points.


For this reason, most people seek probation before judgment which is not a conviction and avoids the points. While this is generally a good strategy, a PBJ still have have collateral consequences. If you have a provisional license, a PBJ counts as a violation and you will be forced to do driver improvement for a first offense and face a suspension for a second or subsquent violation. It also resets the clock to convert to a regular license.


In addition, CDL (commercial drivers license) holders are not saved by the PBJ. Under federal law, a PBJ counts the same as a conviction. Therefore, all CDL holders should consult with an attorney in any traffic matter.


While generally speaking Maryland drivers who are convicted of minor traffic violations (i.e., speeding) out of state do not receive points, the conviction will appear on their Maryland record. This may make it less likely to be given a break in court in the future. Provisional and CDL license holders still face consequences for these convictions. Moreover, out of state drivers who receive convictions in Maryland may be assessed points by their home states.


Criminal cases also can have an impact on other matters. If you were on parole or probation when the offense was committed, a conviction or PBJ will still violate your parole or probation. Thus, while the PBJ may avoid a conviction in the new case, it can send you to jail in the old one.


If you are not a United States citizen, a conviction or probation before judgment can affect your immigration status. A conviction or PBJ can also affect your gun rights depending on the nature of the charge. If you accepted probation before judgment, you also waived your right to appeal since a PBJ is not a conviction.


You should always be careful before entering a plea deal and understand not only the consequences in the underlying case, but the impact on other cases. This will enable you to make an informed decision on the best way to proceed.

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