We get asked questions all the time about what some
of the most commonly used terms in criminal law. We want to help explain them to you in a
simple and easy way.
1. StetàThe
State will stet your case, or place
it on what is known as the stet docket,
if they choose to not proceed at this time.
In other words, whatever charges are placed on the stet docket are being
postponed, and most times, it is an indefinite postponement. A stet is not a conviction. For one year from the time the charges
against you were placed on the stet docket, the State can choose to reopen your
case, but that is very rare. The only
way that will happen is if you commit another crime during that period. After three years of inactivity and no new criminal
charges, you are eligible to have it expunged from your record. Before this time, the charges do appear on
case search and can be seen when running a background check.
2. Nolle
Prosequi (nol pros)à This means that the State is dropping
the charges. It is the equivalent of a
dismissal. However, charges that are noll
prossed will still appear on case search until they are expunged, which can be
done immediately.
3. Expungementà
The general rule is that if charges against you were dismissed, noll prossed,
or you were found not guilty, it is possible to have these charges expunged
from your record so that they do not appear in case search or in any background
checks. Each case is different,
therefore, sometimes the general rule does not apply. Any criminal charges or serious traffic
charges (i.e. DUI) in which you were found guilty or plead guilty cannot be
expunged.
Remember, these are
only the basics regarding each of these terms, and the laws in Virginia are
very complex. If you are charged with a
crime in Virginia and would like a
free legal consultation or if you would like more information on this
topic please feel free to contact our office at (703) 916-1227 and
schedule an appointment at our office in Vienna or
throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/
No comments:
Post a Comment