Legal Question in Criminal Law in Maryland
I am trying to join the military and I have a misdemeanor marijuana charge placed on stet docket on 10/2008. The military wont take me till this is closed or finished n I already tried to have it xpunged and was denied. What can I do to handle this to the military's pleasing so I can join now and not have to wait 3 years???
2 Answers from Attorneys
You could request a trial date, but be careful that the state does not prosecute you. This is delicate. Perhaps you should have someone with experience inquire on your behalf whether the state would be willing to enter nolle prosequi. That would permit you to petition for expungement immediately, if you waived any claims that you would make against the police for false arrest.
An attorney could present your request and the reason for it to the prosecutor in advance. If the prosecutor could not be persuaded to enter nolle prosequi, then you would know not to request a trial date. However, if the attorney did persuade the prosecutor, you would know to proceed.
You are ineligible for expungement at this time, however, you could have the matter removed from the Stet docket. Once that happens, the case will be set for trial in the normal course.
Your circumstances may be persuasive enough to convince the State to drop the charges. Where were you charged? Why was the matter placed on the Stet docket? Do u have any prior record? These are important questions that an attorney would need to know.
Make sure you also gather all relevant documents in regards your future miliary service.
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