In certain criminal cases, the State's Attorney may offer the Defendant a "stet". Most people (and even many lawyers) have not heard of a "stet" and have no idea what it means.

A "stet" means that the case is placed on the inactive docket. The case is not pursued, but it is not dismissed either. It is like a file being placed in a file drawer and locked away. Technically, the case remains open but in most cases the charge never is pursued by the State's Attorney.

Three people must all agree to the stet. They are the prosecutor, the Defendant, and the judge. A stet can be reopened for any reason within one year and for good cause between one and three years. In the overwhelming majority of cases, the stet is never reopened. The Defendant gives up his right to a speedy trial, but all other rights are preserved. If the stet is reopened, the Defendant can raise all other defenses and try the case.

It is common for there to be conditions with a stet. For example, the Defendant may be ordered to have no contact with the victim, complete an anger management program, or do community service. The failure to comply will cause the stet to be reopened.

A stet can be expunged three years after the entry of the stet. Anyone who is not a United States citizen should speak with an immigration attorney before getting a charge expunged.

A stet is an excellent outcome in most cases. There is no danger of going to jail or having to pay a fine. There is no risk of ending up with a criminal record and a stet eventually can be expunged.