A Minnesota Felony Sentence of Stay of Imposition is a much better outcome than either a stay of execution or an executed sentence. With a stay of imposition:
– You will plead guilty to a felony level offense. However, if you successfully complete probation, the conviction will be deemed a misdemeanor. What this means is that after you are sentenced and while you are on probation, a criminal records search will indicate that you were convicted of a felony. But once you successful completion of probation, the conviction will be converted to a misdemeanor. If avoiding a felony conviction is your primary objective, and the facts of the case are such that taking the case to trial does not seem like a good risk to you, then a stay of imposition may be the ideal outcome for your case.
– Unlike a stay of execution or an executed sentence, with a stay of imposition the Judge will not “pronounce” a sentence. What this means is that a Judge will not state at sentencing the amount of prison time that you would be sentenced to if you violate probation. However, if you violate probation and your stay of imposition is revoked, a Judge will then “pronounce” a sentence according to the sentence that would have been given to you when you were initially sentenced based on the Minnesota Sentencing Guidelines. The Minnesota Sentencing Guidelines will determine your sentencing range based on the offense to which you pled guilty and your criminal history score. A motion for a downward or upward departure cannot be made at a Minnesota probation violation hearing, where the Judge would pronounce your sentence once your stay of imposition is revoked.
– Like a stay of execution, a stay of imposition may include probationary conditions such as local jail time of up to a year, fines, community service, electronic home monitoring, or other conditions. You will also be placed on probation for a term determined by the sentencing Judge. If you are given a stay of imposition on an offense that includes a requirement you register as a sex offender or predatory offender, you will be required to comply with the registration requirement even though you are receiving a stay of imposition.
Max Keller of Keller Law Offices’ motion to dismiss a… read more