Stet docket appeal into a Nolle Prosequi?

Criminal Defense 9 views 4 answers
I was arrest back in September last year for 2nd degree assault as my father and I got into a fight. At court in December my attorney got my case down to a stet docket verdict. The state prosecutor agreed that if I were to complete anger management class and community services 48 hours that I could have my stet docket changed into a nolle prosequi after 6 months. Now both of those requests are finished. I'm not quite sure how to go about this or how all of this works. Do I go to the court and tell them I would like to reopen my case to appeal for a nolle prosequi? The stet docket is giving me problems getting into the military but I believe changing it into a nolle prosequi will fix that.

Attorney Answers

4
Scott R. ScherrCar / Auto Accident LawyerLutherville, MD ·
Your attorney should fax a letter to the prosecutor indicating that the six months are up and you have completed the conditions of the Stet. They should ask the State to reopen the case to enter the nol pros. The State will then reopen the case for the purpose of entering the nol pros. You probably will not even need to be there. It is not an appeal. The State will reopen the case.
0 upvotes
William Welch ·
Your attorney should handle this for you. Contact him or her.
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David Felsen ·
Since you have an attorney, the best thing to do is to go through the lawyer. After the State is notified, the case will probably be removed from the Stet docket and the State will enter the case Nolle Prosequi. The sooner you do this the better, because it takes a little while. Again, you have a lawyer. You should talk to that lawyer because they were involved in the case. Good luck.
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Mark Oakley ·
Proof of completion of the two conditions you agreed to--anger management and community service--should be delivered to the prosecutor by your lawyer with a letter confirming the State's agreement to enter the case nolle prosequi. That should be all there is to it. In the highly unlikely and unprecedented event that the State fails to follow through on its agreement, then your lawyer can file a motion in court to enforce the terms of the pre-trial disposition entered into between you and the State, and obtain a court ordered dismissal if necessary. Make sure you file a petition to expunge this case as soon as the nol pros is entered. That will remove any entry of this charge on your record and enable you to deny you were even charged.
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