I was arrest back in September last year for 2nd degree assault as my father and I got into a fight. At court in December my attorney got my case down to a stet docket verdict. The state prosecutor agreed that if I were to complete anger management class and community services 48 hours that I could have my stet docket changed into a nolle prosequi after 6 months. Now both of those requests are finished. I'm not quite sure how to go about this or how all of this works. Do I go to the court and tell them I would like to reopen my case to appeal for a nolle prosequi? The stet docket is giving me problems getting into the military but I believe changing it into a nolle prosequi will fix that.
Your attorney should fax a letter to the prosecutor indicating that the six months are up and you have completed the conditions of the Stet. They should ask the State to reopen the case to enter the nol pros.
The State will then reopen the case for the purpose of entering the nol pros. You probably will not even need to be there.
It is not an appeal. The State will reopen the case.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
Your attorney should handle this for you. Contact him or her.
Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.
Since you have an attorney, the best thing to do is to go through the lawyer. After the State is notified, the case will probably be removed from the Stet docket and the State will enter the case Nolle Prosequi. The sooner you do this the better, because it takes a little while. Again, you have a lawyer. You should talk to that lawyer because they were involved in the case. Good luck.
Please understand, without forming an attorney/client relationship this office is not providing legal advice. We are simply providing general information which should not be acted upon without careful consideration and the assistance of an experienced attorney.
Proof of completion of the two conditions you agreed to--anger management and community service--should be delivered to the prosecutor by your lawyer with a letter confirming the State's agreement to enter the case nolle prosequi. That should be all there is to it. In the highly unlikely and unprecedented event that the State fails to follow through on its agreement, then your lawyer can file a motion in court to enforce the terms of the pre-trial disposition entered into between you and the State, and obtain a court ordered dismissal if necessary. Make sure you file a petition to expunge this case as soon as the nol pros is entered. That will remove any entry of this charge on your record and enable you to deny you were even charged.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline