As we’ve talked about on the blog in the past, you can receive a few different sentences after a criminal conviction in Minnesota. One additional type of sentence that we didn’t touch on in that blog is a staggered sentence. In today’s blog, we explain what a staggered sentence is in Minnesota, and why they are sometimes used in DUI cases.
Staggered Sentencing In Minnesota
Staggered sentencing, as the name implies, is a type of arraignment that allows an offender to serve their criminal sentence in different stages. It also provides the individual with the potential to have a portion of their sentenced stayed provided they follow some strict conditions. It’s an option that is reserved for repeat DUI offenders and the main goal is to get the person the help they need to get control over their alcohol dependency and to help them make better choices.
A staggered sentence may be an option for a repeat DUI offender who is convicted of a gross misdemeanor or felony offense. The person faces the same sentence they normally would receive, but the jail sentence is segmented and spread out over three consecutive years or more. Per the guidelines, an individual must serve the first segment of their sentence, but before the second term starts, they can be enrolled in structured sobriety group. They may also be required to abstain from alcohol or drugs, and to participate in community service, whatever the original sentencing judge feels is appropriate.
The offender is also given the choice, before their second term starts, to petition the court of have a segment of their sentence stayed, meaning they would only have to serve that time in jail should they fail to follow the conditions of a strict probation. However, in order to petition the court, they must successfully participate in an electronic monitoring program for 30 days. If successful and the petition is made, the original sentencing judge will rule on whether to stay a segment of the sentence or a stay on monitoring.
Should the judge believe that the individual is a good candidate for staggered sentence completion, they may rule that the offender may be able to complete the duration of their sentence through home monitoring or house arrest instead of jail. Failure to comply with the terms of the staggered sentence will send the offender back to jail to finish their sentence.
We’ll do everything in our power to help you beat your DUI charges, but if the odds are stacked against you and you’re facing a repeat violation, we may be able to negotiate a staggered sentence should it come to this. Don’t just plead guilty and spend the entirety of your sentence in jail. Let a professional help you navigate the system and avoid the worst possible outcome. For more information or for help with your DUI case, reach out to Avery and the team at Appelman Law Firm at (952) 224-2277.
