Legal Question in Criminal Law in Minnesota
Can I take a imposition for my adjudication as my penalty for violating probation.
1 Answer from Attorneys
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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I recently had a psi and for weeks no one one my references list or any of my... Asked 9/27/17, 8:42 am in United States Minnesota Criminal Law