If you're facing criminal charges in a Maryland court, you might hear the term "stet" during your proceedings. This legal option is commonly used but frequently misunderstood. Here's what you need to know about what a "stet" means, when it's offered, and how it can impact your case.
What Does 'Stet' Mean in a Criminal Case?
"Stet" comes from a Latin term meaning "let it stand." A stet is not a conviction. It is not an acquittal. It's a conditional hold on further action. While on the stet docket, your charges are inactive but still exist in court records.
In Maryland courts, placing a case on the stet docket essentially pauses or suspends the case indefinitely. In the vast majority of cases, a charge placed on the stet docket is not rescheduled for trial. So, a stet is not a determination on the merits and is an indefinite postponement.
A stet usually comes with specific conditions, such as completing community service, attending counseling, or paying restitution to victims.
When and Why Is a Stet Offered?
Prosecutors typically offer a stet in situations involving minor charges, first-time offenders, or cases where the prosecution's evidence may be weak. Stets allow prosecutors to focus resources on more serious cases while giving the defendant an opportunity to avoid immediate consequences, as long as certain conditions are met.
It’s fairly easy to get a stet in cases involving minor drug possession, misdemeanor theft, or minor traffic offenses. In addition, cases as serious as sex offenses or possession with intent to distribute can be placed on the stet docket.
Cases in Which a Stet Was Obtained
Recently, this law firm obtained a stet in a case involving Amish youths accused of vandalizing homes and a church in Chestertown, Maryland that displayed "pride flags."
In another instance, the charges against one of three men arrested after allegedly swiping a vehicle and fleeing from police in Ocean City were placed on the “stet” docket.
In another example, charges of third-degree sex offense, second-degree assault and a fourth-degree sex offense against a Maryland man were placed on the stet docket in Prince George’s County in 2022.
Some counties may not offer a stet for certain offenses. A Maryland criminal defense lawyer can provide more details.
How Long Does a Stet Last?
Generally, the case remains on the stet docket for as long as three years. If you fulfill the conditions and avoid new offenses during this time, the charges remain inactive and are dismissed when the conditions are completed. However, if the specified conditions are violated or new charges arise, prosecutors may reopen the stet.
Benefits and Drawbacks of a Stet
A stet can offer significant benefits, particularly for first-time offenders or minor cases. It can help you avoid immediate conviction, penalties, and a criminal record. Successfully completing the conditions of a stet also opens the door for expungement, potentially clearing your record entirely.
However, a stet can carry drawbacks. In order to get the stet, you will have to waive your right to a speedy trial if the case is reopened. In many instances, the stet will be reopened if you are arrested on a new charge.
Can a Stet be Reopened by the Prosecution?
Yes. The state can reopen the stet. A case placed on the stet docket can be reopened for up to three years.
However, in the second and third years, the standard that the state must meet in opening up the stet becomes more difficult. During the first year, a case on the stet docket can be reopened for any reason. During the second and third years, the stet can only be opened by filing a motion and showing “good cause.”
If your stet is reopened and set for trial, then you can't claim that your right to a speedy trial under state and federal law has been violated.
Can a Stet Be Removed or Expunged?
Yes, a case placed on the stet docket in Maryland can be expunged after three years and satisfaction of the conditions of the stet.
Expungement is a process that allows you to ask the court to remove certain kinds of court and police records from public view. Expunging the stet removes the charges from public view, which can significantly impact future employment, housing, and background checks.
Role of a Criminal Defense Attorney in Negotiating a Stet
An experienced criminal defense attorney plays a crucial role in negotiating favorable conditions for your charges. In obtaining a stet, experienced legal counsel can clarify conditions, protect your rights, and position your case for expungement. Your attorney will guide you through the entire process, ensuring that you fully understand your options, responsibilities and potential outcomes.
A Maryland Criminal Defense Attorney Can Help
Understanding what a stet means and its implications for your case is crucial if you’re facing criminal charges in Maryland. Getting a stet can be advantageous, but it's essential to carefully consider and navigate this legal option.
If you're facing criminal charges in Maryland, an experienced criminal defense attorney can provide guidance tailored to your situation and ensure the best possible outcome. Your case may be eligible for the stet docket, a probation before judgment or a nolle prosequi.
The attorneys at Maronick Law LLC can help. We can represent you in Annapolis, Baltimore, Bel Air, Essex, Glen Burnie, Ocean City, Towson, White Marsh criminal defense matters.
We can meet with you remotely if you have access to Zoom. You can contact the law office at 410-244-5068 or via our website for a free consultation.