What is a Stay of Imposition in MN?
1 year ago by Brian
Although Minnesota has recently introduced sentencing reforms, the criminal justice system remains complicated. In fact, a criminal case may resolve in several ways, ranging from a complete dismissal of the charges to a nolle prosequi to a judgment of conviction, which the court enters after a jury trial. At other times, the criminal defense lawyer and state prosecutor may enter into an agreed-upon stayed sentence, deferred prosecution, stay of adjudication, stay of imposition, or plea deal. Each of these has governing rules under the Minnesota Code of Criminal Procedure.
If you are currently pending criminal charges in Minnesota, it is important that you speak with a knowledgeable criminal defense attorney as soon as possible.
The skilled team of Woodbury, MN criminal defense lawyers at JS Defense, PA., can meet with you to discuss the circumstances of your arrest and your potential legal options for moving forward.
We can let you know if a stay of imposition might be possible in your case and represent you at your criminal court hearing or trial. Our legal team will help you obtain the best possible result available to you in your criminal case.
For a free case evaluation and legal consultation with a skilled criminal defense lawyer, please reach out today for more information.
Finding a Criminal Defendant Guilty
In a Minnesota criminal case, the defendant is the individual who is facing criminal charges. To determine that a defendant is guilty of an underlying crime, the prosecutor must ordinarily satisfy their legal burn of proof.
In other words, they must establish each element of the charge beyond a reasonable doubt. Alternatively, the defendant might plead guilty to a particular criminal charge pursuant to the terms of a plea deal or other arrangement with the state prosecutor.
Defining a Stay of Imposition
In some instances, criminal cases resolve by way of a stay of imposition. This occurs when a criminal court accepts and records a guilty finding or plea. However, the court does not issue a prison sentence in the case.
While the criminal case is “stayed,” it does not proceed forward. If the defendant completes the stay of imposition successfully, the case disappears, and the conviction becomes a misdemeanor charge.
A stay of imposition differs significantly from other types of criminal adjudications, including stays of execution. With a stay of imposition, a charge may decrease from a felony down to a misdemeanor – assuming the defendant successfully completes all of their probationary terms. However, with a stay of execution, a charge reduction is not an option.
Speak with a Knowledgeable Woodbury, MN, Criminal Defense Attorney
If you are facing criminal charges, it is essential that you have an experienced legal team representing you at every stage of the criminal proceedings.
At JS Defense, PA., we can aggressively advocate for you throughout your criminal case and help you obtain the best possible result.
For a free case evaluation and legal consultation with an experienced Woodbury, MN, criminal defense lawyer, please call us today at (651) 968-9652 or contact us online to learn more.