Is a person eligible for PBJ in DE if they already have a PBJ in MD? Thanks

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First time offense in MD for shoplifting. Received PBJ. DE offense is public intoxication at her university. First offense in DE.

Attorney Answers

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Michael Capasso 4501339.Html ·
This is a tricky question. I believe under the requirements, they wouldn't be eligible. I have seen however, people who have clean Delaware records get PBJ despite having a conviction out of state within the 5yr window. If you have counsel, I would ask them about it. They may know better how the court in that county works.
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Larry Couture ·
By your theory any criminal action which only occurs in one state is ignored so if she had a DUI in Virginia she would still be eligible. Normally doesn't work that way and the courts count other criminal acts even if they occurred in a different state.
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