Thursday, July 11, 2019

Diversion of Prosecution in Prince Georges County District Court

Prince Georges County has a diversion system in place for certain categories of crime. There are a variety of factors which affect a defendant's ability to enter into a diversion program. There are many upsides to entering into a diversion program such as certainty of outcome and eventual dismissal of charges with the possibility of expungement. There are some downsides, actual innocence or inability of the state to prove its case could result in an acquittal with no further effort or expense from the defendant. You should consult with an attorney prior to making these important choices. Below is some information obtained from the District Court in Prince Georges County.

COURT ORDERED COMMUNITY SERVICE PROGRAM
You were just advised by the Courts to perform Community Service. Listed below are the office locations and steps you need to take, to successfully satisfy your court ordered requirements:
Upper Marlboro
2927 Brown Station Road Upper Marlboro, MD 20774 Residential House with Blue and White Siding
Monday - Friday
Enrollment Hours
08:30 a.m. - 4:00 p.m.
 301-952-3940/5357 Office

Hyattsville
District 1 County Police Station
5000 Rhode Island Avenue, Suite 104
Hyattsville, MD 20784
Center of the Courtyard


The enrollment process should take less than thirty minutes to complete. The program will take in
consideration your means of transportation, work/school schedule and logistics of your residence. You are
required to pay a $40.00 Administrative Fee in the form of a Money Order or Certified Check. No cash,
personal checks or credit cards will be accepted.
If you are not a resident of Prince Georges County or Washington DC, you may request in person a transfer
through this Community Service Office to your jurisdiction. We will coordinate all paperwork regarding
transferring your case. You are required to pay a $40.00 Administrative Fee in the form of a Money Order or
Certified Check.
For enrollment, you should have the following items:
Copy of your Court Order
Picture ID
Administrative User Fee
4. You must enroll with this program to receive court credit for all hours of Community Service you perform.
This program will assign you to a specific work site to complete your community service hours.
5. You may start your community service hours immediately after the enrollment or thereafter. This will be
discussed and agreed upon during your enrollment process.
 The courts have assigned you a time frame to complete your hours. To figure out your completion date, count today as day one and every day thereafter, including holidays and weekends. This program will submit to the court on that date, your satisfactory or unsatisfactory compliance notice.

Spanish-speaking interpreters are available

13400 Dilie Drive, Upper Marlboro, Maryland 20772 (301) 952-4800 • 711 Maryland Relay Service • www.princegeorgescountymd.gov

Tuesday, July 9, 2019

What does it mean if my case is put on the stet docket

Maryland has a rule allowing a case to resolve other than a trial, dismissal or guilty plea.  With the defendant's consent the case can be put on the stet docket. The following is from an information sheet found in the District Court for Prince Georges County and it summarizes the situation neatly:

 If the state moves to place your case on the stet docket, and you agree to the stet, and the judge agrees to the stet, then your case is placed on an inactive status for three years. Essentially, the state puts the file on a shelf and stops time on the case.
The stet is not a conviction or an acquittal. It is a compromise between dropping the case and prosecuting you. Because it is not a conviction, you do not have to tell employers about it if they ask whether you have ever been convicted of any crime.
For tlie first year, either you dr the state may request that the case be reactivated. The case would be removed from the shelf and brought back into court for trial. Time is restarted, and you are back in the same position as you are now, i.e., about to stand trial. . .
For the last two years, the case may only be brought back into court upon written petition to a judge, who must agree there is good cause to reactivate the case.
To receive the stet, you must waive your right to speedy trial. In other words, if the case is reactivated in the next three years, you may not say you did not get your trial.quickly enough.
You keep all your other trial rights. . ' • *;~
Tlie state may put some conditions on the stet, such as paying money to someone or some organization, staying -away from someone or some place, getting counselling, clearing up your driver's license, or anything else appropriate to your case. The state may also set a time, limit in which you must meet the condition(s) or eise have the case reactivated. It is your choice whether or not to agree to the condition(s), but you cannot have the stet disposition for your case unless you do agree and do meet the condition(s).

Wednesday, July 3, 2019

Child Support Statute

Child support and the general assembly. Under Maryland law an individual is entitled to child support under the following conditions: an individual who has attained the age of 18 years and he was enrolled in secondary school has the right to receive support and maintenance from both of the individual's parents until the first to occur of the following events:

The individual dies

The individual marries

The individual is emancipated

The individual graduates from or is no longer enrolled in secondary school or

The individual attains the age of 19 years.

You would think that the general assembly would put this particular provision in the Family Law Article under child support. Instead, it is in the Maryland code, Gen. Provisions 1-401. Even experienced family practitioners are hard-pressed to find this particular section.

The Maryland Gen. Provisions Article, in case you are interested contains the following titles:

Rules of interpretation
official oath
open meetings act
Public information act
Maryland public ethics law
United States
emblems, designations, commemorative days and months
and false claims.

Quite the potpourri of laws.