Q: Can I have my drug Charges dropped even though my case was taken off stet docket?
A: Presumably the state has a reason to reopen your case. Indeed if more than one year has elapsed, they must have a good reason to reopen your case. You should immediately consult with an experienced criminal defense lawyer. This doesn't sound like the type of case that's just going to be dropped.
A: It depends on the reason the case was taken off the stet docket, and what the prosecutor wants to do. Usually, when a case is placed on the stet docket, there is an agreement for the the defendant to do something (like attend a program, perform community service, etc.) and/or at the very least not do something (like contact the complaining witness, get charged with another offense, etc.). If there was such an agreement, and you violated it, I imagine that the prosecutor requested that the case be rescheduled for trial and dropping it is no longer an option. In the absence of any agreement, a case placed on the stet docket may be removed and rescheduled for trial by either the State of the defendant for any reason--or nor reason--at all during the first year of the stet docket. After the first year on the stet docket, it may only be removed by order of court for "good cause." Prosecutors may review the underlying facts and evidence and still decide for whatever reason to do anything with the case they could have done before placing it on the stet docket, including trial, plea or even dismissal. You should retain counsel to represent you on this matter, and explore what those options might be that will best resolve the case against you.
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