Meaning of Stet
Though they’re used often in the court system, many legal terms are rarely used outside of a courtroom. For example: ‘Stet’, an abbreviation of the Latin word ‘stet decreta’, is one such term. If you’ve ever seen it used, you’ll probably have been unsure what it means in a legal sense. Unlike many legal terms, though ‘stet’ has its origins in 15th-century France, it became a part of English law during the 16th century. In the context of court proceedings, ‘stet’ means ‘let it stand’. As a result, it is often used to inform a court or jury that a mistake – be that a typographic error or something more damaging to the defence – shouldn’t be taken into account when coming to a final verdict. In most cases, this refers to evidence presented rather than testimony. A judge may see fit to overlook certain inaccuracies and place less focus on them while in a jury trial, it’s the job of the jury not to let these caveats affect their deliberation. While the exact context will determine how it’s used, a legal professional may say "stet" if correcting a typo would be detrimental to an accused party . For example, if a witness stands to change a sentence because it was misread as a consequence of a typographical error in the trial notes, a lawyer may insist on keeping the misinformation in the record. Typically, this occurs only if the mistake would be more damaging than the inaccurate statement it contradicts. It is still possible for a witness to make a retraction if they believe incorrect information is being used against them, but once one is made, a lawyer is within their remit to say "stet", effectively erasing the retraction in the eyes of the court. This method is used to prevent any further confusion and keep a record of what actually happened as precise as possible. In keeping a clean record of evidence, the judge or jury can avoid erring on the side of caution and casting doubt on the real statement. Although its impact on trials and juries is undeniable, the use of ‘stet’ is increasing rare. More commonly, an error is amended on the trial record with the outdated typos erased entirely.
How the Stet Order is Utilized in a Court
When the court enters a perpetration order in your case, the entry of this order will set the case on the "stet" docket. The "stet" docket is a docket in which the case is placed when the Plaintiff fails to take any affirmative action in the case in quite some time. For example, if the last entry in the case was a discovery motion hearing in January of year one, the case may be placed on the "stet" docket in March of year one, in meaning that the case has been dormant since the motion hearing in January. The language of the "stet" order will generally indicate that if nothing is done within twelve months, it will be dismissed from the circuit court without prejudice.
What does that mean? It means that as the Plaintiff, you are generally still able to pursue the case; it has not been dismissed with prejudice. A dismissal with prejudice means the case cannot be pursued in the future, while a case without prejudice may be re-filed in the future. However, note that once the case has been placed on the "stet" docket and for failure to take any affirmative action within those twelve months, it can be dismissed on the court’s own motion at trial or upon a motion by either party.
A "stet" order may also be entered for other reasons. For example, by agreement of the parties in the case, or even without the other party’s consent before the court, in order to not waste judicial resources, the case may be placed on the "stet" docket on the court’s own motion. If the court does this, then the case will remain active and will be scheduled for a settlement conference or trial.
The Effect of There Being a Stet on a Case
The term "stet" in a legal context has certain implications for the prosecution and the defense. When a case is marked "stet," it indicates that there is no longer any legal basis for prosecuting the case against the defendant. As such, it is taken as a dismissal. However, it may be marked subject to "rights of the parties." In such a case, the prosecution may reinstitute prosecution against the defendant down the road if necessary and the defendant is not exonerated of the charge as the case is still pending in its re-institution up until the time period of the statute of limitations has lapsed.
Once a case has been marked "stet" and the case is not marked subject to "rights of the parties" or otherwise under the law the prosecution’s ability to prosecute the case is gone. In other words, no one can prosecute the case again, not even "the new state." It is like the old case never happened. Meaning all of the information from the diversion program, the divide, the talk, does not go against the defendant’s record. However, in a case marked "subject to the interests of the parties," technically the case remains open until it is dismissed or the statute of limitations runs out.
Advantages of a Stet Disposition
The potential benefits to the defendant of a "stet" are actually similar to an Nolle Prosequi. Benefits may include:
"This option is less severe than a trial or a guilty plea. After the probation is served, the case may be made not to exist. The further advantage of this option is that there is no appearance of wrongdoing.
If for some reason the conduct actually ‘sticks’ to the person’s record, this person has the right of expungement after a probation discharges successfully."
A ‘Stet’ could be the best option for a defendant in the following circumstances:
If the defendant is either:
If the defendant does not have a prior criminal record , and puts forth a good effort at rehabilitation, many experienced defense counsel would recommend that the State’s Attorney consider a ‘stet’ or ‘nolle prosequi’ rather than a trial or a guilty plea.
For certain types of charges, such as Assault Second Degree, a ‘Stet’ may be a particularly favorable result for a defendant. Assault Second Degree does not have mandatory minimum term of imprisonment, and for many cases, the prosecutor will agree to defer prosecution for a period of time during which the person will successfully complete probation. If the defendant then successfully completes the probation, the defendant’s case will be removed from the court system entirely.
Conditions of Stet Cases
The most common type of "Stet" offered is a "Stet with Court Supervision." The Stet may come with a condition that the Defendant not have any further criminal charges for a period of time. This does not mean that any criminal charges that arise do not have to be resolved. Generally, what it means is that if the individual commits a new crime, then the State can seek to bring back the Stet charge.
Keep in mind that if after the Stetting the defendant is arrested for a new crime, there still has to be a basis for the State to bring the case back. The State has to show a connection between the new case and the old case. For instance, if the Defendant is caught with drugs this could "re-open" the drug distribution case but if the defendant is arrested for a DUI, it is unlikely that a DUI will connect back to the original drug possession case.
For this reason, many Drunk Driving cases especially in Baltimore City may be Stetted with Court Supervision for one year. However, this does not mean that the case is over. If the Defendant is able to go through a year without committing a new charge, then the case will be dismissed. If the Defendant is re-arrested during the supervision period, the old case remains Stetted but the Court may allow the previously Stetted case to move forward for disposition.
How a Stet Case can be Pursued for Revocation
An individual may not think about their case being placed into the "stet" process until there is a plea of guilty to a lesser offense or a finding of Not Guilty, and the State’s Attorney’s Office places the case on the stet docket rather than nolle pros, or exercising their right not to prosecute. A "stet" is the unfortunate result that occurs when an assistant state’s attorney does not want to proceed with the prosecution, but does not know that it is best to practice proper due diligence in order to figure out why the victim is not able to testify.
In Stokes v. Stokes, the Maryland Court of Appeals explained that: "Stet is short for ‘stet processus,’ meaning ‘let it stand.’ It is a decision by a prosecutor that a case ought not to be prosecuted at this time, for some reason. The ‘reasons [for stetting a case] vary,’ and sometimes the State will state a reason, but ‘there are many times when the State does not explain why they are choosing to put cases on the stet docket.’" 205 Md. App. 506, 518, 48 A.3d 1235, 1242 (2012).
The "stet" process, is used by the court to temporarily close a case without final disposition. Even though the case may be stet, the prosecutor or judge may still close the file for administrative purposes, which distinguishes a "stet" from dismissal. A "nolle pros" is often used when there is an actual dismissal or non-prosecution of a case. If the reason for the "stet" is favorable to the defendant, then there is nothing that can challenge placement on the "stet" docket. This is particularly true for cases with no victim testimony and the decision by the state to take no further action is due to the victim being unavailable to testify. Unless there is a showing of bad faith, the Court will not reverse the decision of the prosecutor to place a case on the "stet" docket because those reasons are discretionary.
However, it is vital for everyone involved in the legal system, including prosecutors, to do the necessary research to determine whether the victim, the police, and other means of investigation are available to bring the case to prosecution. For example, if the defendant is cooperative , then further investigation should be taken in order to see whether the matter should be set for trial rather than a "stet."
Just because a case has been placed on the "stet" docket does not mean that you cannot have the case reopened or placed back on the "Active Docket."
Any party may ask the court to reactivate a case that has been placed on the "stet" docket. Chaney v. State, 397 Md. 460, 918 A.2d 506 (2007). The Court of Special Appeals has stated that the "court has the discretion to grant or deny the motion. Factors such as length of time the case has been on the ‘stet’ docket, change of circumstances during the time period of the ‘stet’, change of personnel in the office of the State’s Attorney, and public safety, should be considered in determining whether to grant or deny a motion to reactivate a case on the ‘stet’ docket." Wheeling Subway Local Dev. Dist. v. Weinberg, 2 Md. App. 577, 236 A.2d 446 (1967).
The length of time is important for determining how to handle a revocation of the "stet" case. The statute of limitations must be considered in order for a case to be reopened. The statute of limitations for misdemeanors is one year and three years for felonies, with very few exceptions. Since a "stet" case is without final disposition, then it is not counted for purposes of the statute of limitations. However, if the case is dismissed by the prosecutor (i.e. nolle prosequi), then the time limit for the statute of limitations starts to run. In other words, the time limit for refiling the case begins again upon a dismissal.
Maryland Code Ann., Criminal Procedure ยง 5-107(b) states that "if the Defendant has been placed on the stet docket or the nolle prosequi has been entered before the time limit for trial under subsection (a)(1) of this section has expired, the time limit for trial under subsection (a)(1) of this section does not begin to run until the Defendant has been placed back on the active court calendar or a nolle prosequi has been entered in the case." Thus, the time for speedy trial is tolled, or frozen, until a decision is made to either place the case back on the "active docket" or the State dismisses the case.
