After you’ve been convicted of a crime, the next step in the process is for a judge to hand down a sentence. The sentencing process can be intimidating, but it’s important to know that you won’t always be sent to jail right from the courthouse if a jail sentence is imposed. That’s because a judge can hand down a “stayed sentence.” In today’s blog, we take a closer look at what a stayed sentence is, and the three different types of stays that can be implemented in Minnesota.
What Is A Stayed Sentence?
Oftentimes during a sentencing hearing a judge will hand down what’s known as a stayed sentence. What this means is that a person can avoid that full sentence so long as they follow some specific conditions. Most commonly, that involves participation, adherence and completion of a probation term.
For example, a person might get a one-year stayed sentence that involves the completion of a probation term. Guidelines of probation may require weekly check-ins with a probation officer, passing randomized drug or alcohol tests, maintaining employment and avoiding contact with certain individuals. If they follow those probation guidelines for a year, they’ll be able to avoid spending time in jail. However, if they violate their probation or end up arrested and convicted of another crime, the stayed sentence can be imposed, and you’ll have to serve the full sentence.
Different Types Of Stayed Sentences
There are three common types of stayed sentences in Minnesota. There is a:
Stay of Adjudication – This is a situation where a conviction is never formally entered on a person’s record so long as they comply with court-ordered conditions.
Stay of Imposition – With a stay of imposition, the jail sentence is stayed so long as a court-ordered conditions are followed. If court-ordered conditions are followed, the level of the offense is reduced to a misdemeanor upon probation completion.
Stay of Execution – This is an ordered where an offender must follow certain court-ordered conditions in order to have the sentenced stayed, but the offense remains on a person’s criminal record at the original offense level. For example, a gross misdemeanor or felony-level offense would remain a gross misdemeanor or felony-level offense even if probation is successfully completed.
If you have questions about any type of stayed sentence, or you’re wondering if a judge would consider issuing a stay on your sentence, reach out to Avery and the team at Appelman Law Firm. We can go over your case, help develop a strong defense and ensure you get the best outcome possible. For more information or for help with your case, give us a call today at (952) 224-2277.
