You came here because you asked, “What is a stet?” Well, we have hopefully a helpful article that breaks down the rules regarding stets in Maryland. We’ve also included a brief video from our YouTube channel that goes more in-depth.
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What Happens After a Case is Stetted?
When a charge is marked “stet,” the immediate court proceedings stop, but the consequences extend beyond the courtroom. The entry of a stet triggers several important effects that can directly impact a defendant’s freedom and future. Understanding these implications is key to knowing what to expect after your case is placed on the inactive docket.
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What is a Stet Impact on Recall of Warrants and Detainers
One of the most significant effects of a stet relates to your liberty. According to Maryland Rule 4-248(b), when a charge is stetted, the court must order the clerk to recall or revoke any outstanding warrants or detainers related to that charge. This means that if there was a bench warrant for your arrest because of a failure to appear, it should be canceled. This action prevents you from being arrested or held in custody based on the now-inactive charge.
However, the rule includes an important exception: the court can order that a warrant or detainer remains outstanding. This is less common but can occur under specific circumstances. It is crucial to confirm with your attorney that any active warrants have been properly recalled following the stet.
What is a Stet Path to Expungement
A stet is not a conviction, but the charge still remains on your record while it is on the inactive docket. This can create challenges for employment, housing, and other background checks. Fortunately, Maryland law provides a path to clear your record through expungement.
After a case is stetted, you do not have to wait for the one-year period to end to seek an expungement. However, there is a waiting period. You can file a petition to expunge the stetted charge three years after it was entered. If the charge is eventually reopened and results in a dismissal, acquittal, or another expungeable outcome, different waiting periods may apply. Clearing your record is a critical final step, and the stet provides a clear route to achieving that.
Stet with Conditions: Treatment Requirements
In some situations, a stet is not just a simple postponement. For certain non-violent offenses, a prosecutor may agree to stet a case with the condition that the defendant completes a drug or alcohol treatment program. This is often seen as a constructive resolution, giving the defendant an opportunity to address underlying issues instead of facing traditional prosecution.
If these conditions are met, the case will likely remain on the stet docket and never be reopened. If the defendant fails to complete the required program, the State’s Attorney can use that failure as a reason to reopen the case and proceed with the trial. This conditional approach turns the stet into a tool for rehabilitation while still holding the defendant accountable.
Have a question about speedy trial in Maryland and your rights? Read our article here.
The difference between A Stet and Probation Before Judgment in Maryland
While both a stet and probation before judgment (PBJ) are alternatives to conviction in Maryland, they differ in important ways. A stet postpones prosecution indefinitely without a finding of guilt or conviction, placing the case on an inactive docket. In contrast, PBJ involves a judge finding a defendant guilty or accepting a plea, but instead of entering a conviction, the court places the individual on probation.
If the defendant successfully completes probation, no conviction is entered. Both options can eventually lead to expungement, but PBJ typically requires the successful completion of probation terms, while a stet only requires the passage of a waiting period after entry. Stet may come with or without conditions, whereas PBJ always involves active supervision for a set period.
Understanding which option is better depends on your circumstances and your long-term goals regarding your record.
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