Legal Question in Criminal Law in Minnesota

It would depend upon the exact wording of the plea agreement and sentence. Often, when criminal lawyers speak of a "60 day cap" within the context of a plea agreement, they are referring to a cap on jail time to be executed as a condition of the stay (up front). Less commonly, a plea agreement could involve no stayed time and in such a case a "60 day cap" could then refer to total executed jail time sentenced.

A "stay of imposition" of sentence, means the court will stay of postpone imposing a sentence for the specified period of time (for example, possibly one year) with conditions. One of those conditions might be some jail time (for example, 60 days). But, for example in the case of a Gross Misdemeanor (maximum one year of jail), in the event the probationer were to violate a condition of the stay, the court could then "impose" a sentence, and then "execute" all or part of it, up to the maximum - up to one year jail time in the case of a Gross Misdmeanor. (If the probationer had already served 60 days, the maximum jail time remaining could be imposed and executed in the event of a violation of a condition of probation.)

With a stay of impostion, the maximum jail time possible in the event of a violation of a condition fo the stay is the maximum sentence for that level of conviction or crime (90 days for a misdmeanor, one year for a gross misdemeanor, or the sepcified maximum of over a year and a day in the case of a felony), less any time already served.

Probably not. The 60 days is likely the maximum time you will serve on the front end. Later, if there was a probation violation, the penalties could be up to the statutory maximum. Be sure that you have an experienced attorney helping you through this. Good luck.

(651) 994-6744

[email protected]

www.siebenedmunds.com