What about the maximum penalty listed on the Complaint?Įvery criminal statute includes a maximum penalty. And we can use the laws as a tool to help ensure that Liberty and Justice prevail. Because you need to know while the opportunity still exists to change that outcome - before it’s too late. And that record can still result in denial of jobs and housing, loss of gun rights, and other serious, so-called “collateral consequences.“Ī good Minnesota felony attorney helps you understand the consequences of potential outcomes. While technically true, a felony charge with a non-felony sentence will be a public criminal record. They mean that a stay of imposition can become a non-felony under Minnesota Statutes Section 609.13, Subdivision 1.īut this can be misleading. If a lawyer urges a defendant that “the conviction will not be a felony,” be careful.
Thomas Gallagher, Minneapolis Felony Defense Attorney
What is the value of a stay of imposition in a felony case?
#Stay of imposition how to#
Your Minnesota felony attorney should be able to help you understand this before you decide how to handle your case. But she will have a felony record in every sense. Moreover, the conviction will be a felony even if the defendant successfully completes the stay without violating any probation condition.Ī stay of execution of a felony sentence means the probationer can avoid prison by complying with the conditions. And if a judge has “imposed” a felony level sentence, the conviction will be a felony level conviction. A “stay of execution” of sentence, happens after a judge adjudicates guilt, and after the judge “ imposes” a sentence. 1, reduces a felony conviction to a misdemeanor for limited purposes after successful completion of a stay of imposition. And as discussed, Minnesota Statutes Section 609.13, Subd. But if the defendant complies with the conditions of the stay, the postponed action never happens. And here, strictly speaking the court postpones felony sentencing for a specific period of time.
What is a stay of imposition?Īnother is a “stay of imposition” of sentence. But under some federal laws, like immigration laws, dismissal after a stay of adjudication isa “conviction.” So, your Minnesota felony attorney should be able to explain implications for you. And under Minnesota law, dismissal after a stay of adjudication is not a conviction. If a defendant successfully completes a stay of adjudication the court will dismiss the charge. The word “stay” means to postpone or delay - in this case to postpone adjudication (conviction). One of these is a “stay of adjudication.“ What is a stay of adjudication? So, a good Minnesota felony attorney can help get these kinds of outcomes.īut other outcomes can result from a judge after a guilty plea or verdict or a plea agreement with the prosecutor. For example, this happens when the defense attorney causes dismissal of the criminal charge by the judge or the prosecutor.Īnother is when the defense lawyer obtains an acquittal from a judge or jury after a trial. Minnesota Statutes Section 609.13, Subdivision 1 Examples of non-felony dispositions?Ī criminal case that begins with a felony charge can end up becoming a non-felony conviction in many ways. (2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence. (1) the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02 or Notwithstanding a conviction is for a felony:
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