Tuesday, September 16, 2014

MARYLAND RULE 4-248 "STET" EXPLAINED

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The "stet" docket is an inactive docket maintained by the State's Attorney's office.  If a criminal case is placed on the "stet" docket, the defendant typically must waive his or her rights to a speedy trial in the original case.  The case remains on the "stet" docket for a specified period of time, during which either side (the prosecutor or the defendant) can ask the court to place the case back on the active docket for trial.

Usually, in "stet" matters the prosecutor does not think the chances of a conviction are likely.  There may be conditions attached when placing the case on the "stet" docket, such as no contact between the defendant and the victim/complainant [see, http://definitions.uslegal.com/s/stet-docket].

Specifically, in Maryland the rule on stet docket treatment is as follows:

(a) Disposition by stet. On motion of the State's Attorney, the court may indefinitely postpone trial of a charge by marking the charge "stet" on the docket. The defendant need not be present when a charge is stetted but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice of the stet to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the charge was stetted. If notice is required, the clerk may send one notice that lists all of the charges that were stetted. A charge may not be stetted over the objection of the defendant. A stetted charge may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown.

(b) Effect of stet. When a charge is stetted, the clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of the charge, unless the court orders that any warrant or detainer shall remain outstanding.

For an initial courtesy consultation, call the law offices of Charles Jerome Ware, Attorneys & Counselors, LLC, at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware.com.
 

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