Legal Question in Criminal Law in Maryland

I was charged with several charges as a result of a bad check.I pled guilty to one charge misdemeanor and the other charges were put on a stet docket for 90 days. The judge indicated she would consider probation before judgment and i was sentenced to 1 year probation. Please explain what happens to the stet docket charges after 90 days? How will i know if the judge granted the probation before judgment.


Asked on 8/24/10, 8:28 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You need to obtain a Maryland criminal defense lawyer, who will easily be able to help you with these questions. An attorney would have to look at the specific documents related to your case and that is not possible through an online service such as this. You may consider going down to the criminal clerk's office with your case number and ask them to see your case file. Any orders from the judge (concerning PBJ or otherwise) should be in there.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 8/29/10, 8:34 am
Jason Cleckner Law Office of Jason Cleckner, LLC

Your request for a 6-220 disposition (Probation Before Judgment) will not even be considered unless you file a motion to reconsider your sentence. The filing deadline is 90 days from the date of sentence. It is very important that you meet this deadline or you will NEVER be able to ask again. And RE your other question, in Montgomery County, nothing will happen after the Stet 90 day period unless you appeal. You could ask the State's Attorney to enter a nolle prosequi at that point, and they likely would. Montgomery County is the only place in Maryland who does it this way. The reason they do it is because of a misinterpretation of what happens to dismissed counts when you appeal. They are stupid. Nonetheless, you may want to get a lawyer to work on the 6-220 part of the case.

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Answered on 8/29/10, 9:59 am
William Welch William L. Welch, III Attorney

Two different things are happening. In order to request probation before judgement you or your attorney must file a motion for modification within 90 days from the day that you were sentenced. If you miss the deadline, then you will be stuck with the conviction. If you file by the deadline then the court may schedule a hearing to consider whether to grant pbj.

Stet is an inactive status. It is neither a conviction nor a dismissal. Any time within a year either you or the state may request a trial date. After a year the requesting party must show good cause to the court why the matter should be set for trial. After three years you may request expungement. By agreeing to enter stet, you have waived your right to a speedy trial, if the matter is set at a later time.

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Answered on 8/29/10, 10:18 am


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