Legal Question in Criminal Law in Minnesota

Can I take a imposition for my adjudication as my penalty for violating probation.


Asked on 10/09/17, 3:33 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

That sentence does not make sense as written. If a defendant resolved their criminal case with a "stay of adjudication," with conditions; if a condition is violated, the stay can be revoked by the judge who would then "adjudicate" (convict) the defendant of the crime.

If a defendant resolved their criminal case after being "adjudicated" (convicted):with a "stay of imposition of sentence," with conditions; if a condition is violated, the stay can be revoked by the judge who would then "impose a sentence" (for a felony charge, this would result in a felony conviction, for all purposes).

If a defendant resolved their criminal case after being "adjudicated" (convicted):and a judge "imposing a sentence" but then "staying execution of the sentence imposed," with conditions; if a condition is violated, the stay can be revoked by the judge who would then "execute the imposed sentence" (for a felony charge, this would normally result in a prison commitment).

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Answered on 10/09/17, 3:57 pm


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