Legal Question in Criminal Law in Minnesota

Stay of Imposition

What does a ''stay of imposition'' mean?


Asked on 10/10/06, 5:09 am

2 Answers from Attorneys

Re: Stay of Imposition

It means no sentence will be imposed at this time. A stay of imposition of sentence is usually subject to conditions, so that if you violate the conditions then sentence may be imposed at that time.

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Answered on 10/10/06, 9:54 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Stay of Imposition

This term of art is short for "stay of imposition of sentence." In Minnesota, if a criminal defendant pleads guilty to a criminal charge, the judge "accepts the guilty plea," but stays imposition of sentence, that means the court is delaying ("staying") sentencing for some period of time on certain conditions. If the defendant successfully completes the period of the "Stay" (i.e., five years, or X years)without violating any of the conditions, then the defendant at the end is discharged from probation without ever being sentenced. If the criminal charge was a felony charge, by operation of statute, the conviction would then be considered a "misdemeanor" (not "felony") for some purposes in Minnesota. The person would still have a criminal conviction record, however.

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Answered on 10/10/06, 10:39 am


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