Legal Question in Criminal Law in Minnesota

Re: Stay question for Maury Beaulier and Thomas Gallagher part 1 of 2

First, a Judge alwayse has discretion to devioate from statutory sentencing guidelines including allowinmg a Stay of Imposition. However, the court is not likely to do so where there is a presumptive jail/prison sentence (it is a "presumptive" sentence and NOT a mandatory minimum sentence) and the prosecutor is objecting to that sentence. As a result, although possible, it is not likely.

Second, any crime of violence can have a significant impact on a person's future. Prospective employers regularly conduct background checks , as do potential landlords. It is quite possible that a person convicted would have great difficulty finding employment or even a place to rent with such a criminal record.

Man Min - Re: Stay question for Maury Beaulier and Thomas Gallagher part 1 of 2

You do not state why a "Mandatory Minimum" sentence could be applicable. Where a "man min" sentence could apply, naturally I would want to dig into that and see what could be done so that it would not. If you assume that one would apply, even then most "man min" statutes in MN have a provision allowing the prosecutor or judge to get around it. If a judge did impose and execute a man min sentence, then of course a stay of imposition would be impossible on the same conviction since they are two differnet things.