If a case is placed on stet docket with the stipulation that it will be dismissed in a year, will the dismissal be automatic?

Criminal Charges 2 views 4 answers
Is there something else I need to do? If so, will my attorney do it automatically, or do I have to pay additional fees?

Attorney Answers

4
Scott R. ScherrCar / Auto Accident LawyerLutherville, MD ·
No, your attorney will need to contact the State's Attorney to get the case reopened so that the charges can be nol prossed. You will then want to get your record expunged and there is a $30.00 filing fee.
0 upvotes
John Francomano ·
Either the state or you with the consent of the state have to file a motion with the court stating the case is to be opened and nil prodded. If you do not do it within the year time period you will need good cause to open the stet.
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William Welch ·
Your attorney is the person who is in the best position to answer your question. Generally, stet is neither a conviction. Nor is it a dismissal. It is an indefinite postponement. Anytime during the first year either you or the state may have the matter set for trial. After a year either of you must persuade the court that there is good cause for a trial date. After three years you may petition for expungement, if the case is still entered stet. Dismissal would require scheduling a hearing for that purpose. Here is the text of the Rule says: http://www.lexisnexis.com/hottopics/mdcode/
0 upvotes
William A SimmonsCriminal Defense AttorneySilver Spring, MD ·
In Montgomery County, the stet will come off. The SAO is pretty organized, but you could be overlooked. Your real concern is expungement. That requires you or an attorney to go to court, fill out forms and pay a fee.
0 upvotes

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