Legal Question in Criminal Law in Maryland

In April of 2013 I was arrested for a dui and ultimately placed on stet docket for a year with the condition that I have to go to drug classes/outpatient treatment. My question is now that a year is up, do I have to continue with my classes? I haven't been able to graduate them because I have to keep missing classes for work and my counselor isn't happy but I need my job. My other question is in April of this year I got pulled over for having an air freshener hanging in my rear view mirror (windshield obstruction) and the police officer made me get out of the car and he called the K-9 unit and they searched me, finding .21 grams of marijuana and a baggie (paraphernalia) that I had no knowledge of having (I had just got out of inpatient rehab and haven't smoked marijuana in months). I go to court in July for this charge. Will the affect my stet, what kind of punishment am I most likely looking at considering the new decriminalization law goes in effect October? I am doing my best to do the right thing but I finally got a good job again and these classes and this court date might actually mess this up.


Asked on 6/27/14, 10:37 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

You probably do need to complete the program. Perhaps there might be some confusion, because the entry of stet means that for a year from the entry of stet either party may request a trial date without giving any reason. After a year either party may still request a trial date, but the moving party must persuade the court that there is good cause to schedule a trial date. After three years, if neither party has sought a trial date, then the defendant may petition for expungement. If there is a special condition for the entry of stet, such as the DUI treatment, then failure to complete it would likely persuade a judge that there is good cause to reopen the case after a year.

An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

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Answered on 6/28/14, 6:47 am


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