What Is a Stet in Maryland Criminal Cases

When most people face criminal charges, they often think of outcomes such as a conviction, dismissal, or acquittal. Yet, these three are not all the options available. However, in Maryland, there is an additional “sweet spot” option that allows the State’s Attorney to ask the court to suspend the case, as long as the defendant does not object. This state of “limbo” is known as a stet.

With the help of an experienced Maryland criminal defense lawyer, you may be able to negotiate with the prosecution to “stet” your case. In Maryland, this means an indefinite suspension of your case, which can be beneficial to you and your case’s outcome.

In this blog post, we will provide a quick guide to stet in Maryland, explain how it can help your case, how it differs from a case dismissal, and its many benefits. If stetting sounds like an option you may want to pursue, contact Drew Cochran, Attorney at Law, to discuss your legal possibilities.

Understanding what stet means in Maryland

In Maryland, a State’s Attorney can ask the court to put a case that was headed to trial on hold for the foreseeable future by moving to place the charge on the stet docket. Stet, which is Latin for “let it stand,” is a form of legal disposition that allows for an indefinite postponement of a trial and may include agreed terms and conditions.

In essence, even if your case was headed to trial, the prosecution can ask the court to suspend it, making it inactive. Think of this as a “stay of action” on a case. In stetted cases, there is no conviction, dismissal, acquittal, or guilty plea. The case remains pending but is not actively prosecuted by the State.

The prosecution typically offers a stet under the following circumstances:

• They lack solid evidence or have a weak case
• The state has a crowded court docket and trial backlogs and needs to clear them to free up time and court sessions for more serious cases.
• Witnesses are unwilling to testify
• Victims develop cold feet and do not want to proceed with the case
• The state cannot justify expending time and resources on your case
• The prosecution uses it as leverage to elicit good behavior from the defendant

Your criminal defense lawyer can explain this in detail and help you understand why a stet might be an option for you.

Benefits of a stet disposition in Maryland

A stetted case typically has several pros, including:

• Provides first-time offenders of petty crimes with an opportunity to amend their ways
• Protects defendants from receiving a guilty verdict or criminal conviction
• Provides offenders with the possibility of a criminal record expungement after three years
• Reduces the stress and cost implications of a full trial
• The court can revoke outstanding warrants related to the case

Additionally, after one year, a stetted charge can be rescheduled for trial only by court order for good cause shown. So, if you fulfill the agreed requirements and avoid further run-ins with the law for over a year, the prosecution must show good cause to reopen the case after that.

A major downside is that certain conditions may accompany the stet disposition, and this can cause a defendant to refuse the terms – yes, defendants have a right to reject the stet and can try to negotiate the conditions attached to it. Examples of terms associated with stets include mandatory community service, anger management classes, restitution, or substance abuse programs.

However, if a defendant meets the terms of a stetted docket, the case may remain inactive, and after three years you generally can file a petition for expungement. Each case is unique, and your criminal defense lawyer can either negotiate your terms or advise you on your next steps.

How is a Stet different from a dismissal, acquittal, or PBJ?

Postponing a case indefinitely and rendering it inactive is vastly different from a case dismissal, acquittal, or probation before judgment (PBJ). With a stet, the case is actively placed on hold, but the charges are inactive. Therefore, there is no trial. However, either party may request a trial within one year; after one year, the charge may be rescheduled only by court order for good cause shown.

In a dismissal, the court closes the charge; if the State’s Attorney drops a charge, it may enter a nolle prosequi. Either disposition ends that charge, but it does not automatically erase the criminal record. In an acquittal, the judge or jury finds the defendant not guilty, and the case is closed.

A PBJ does not necessarily involve a guilty plea. It may follow a guilty or nolo contendere plea, a finding of guilt, or, in some cases, a not-guilty plea under a qualifying agreement. The court stays or defers entry of judgment and places the defendant on probation. Once the accused fulfills the conditions of probation, the court discharges the defendant without a judgment of conviction, which is a final disposition of the matter.

Should you accept a stet offer as is or negotiate it?

It depends on your circumstances and the conditions attached to the stet docket. Sometimes, the terms may adversely affect a defendant’s ability to earn a living or carry on with their regular daily activities. Your criminal defense lawyer can review the demands of your stet and determine if there is wiggle room to negotiate the conditions.

Successful negotiation of a stet requires in-depth knowledge and familiarity with the county’s prosecution office, a persuasive capacity, and the District or Circuit Court judge’s inclinations.

Speak with a Maryland criminal defense lawyer about a stet disposition today

Facing criminal charges in Maryland can be overwhelming. It is not unusual for defendants to worry about possible verdicts, penalties, and the impact of the court case on everything from their personal lives to their professional relationships. However, with a stet option in Maryland, you may be able to avoid a long and costly trial, with the added possibility of expunging your charges in the near future.

At Drew Cochran, Attorney at Law, we believe in second chances and are committed to helping accused Maryland residents explore viable legal options that can improve their case and secure their freedom. Let us help you figure out if the stet option is good for you. As an experienced Maryland criminal defense lawyer, Drew is willing to listen to your side of the story and help you throughout this difficult period.

Contact us to schedule a case evaluation by filling out this form today.