Minnesota | Criminal Law
Legal Question
what is a stay of prossicution can one be obtained on a shoplifting charge?
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Read More Answered By: Thomas C. Gallagher |
A stay of prosecution? I don't hear that term used in Minnesota but we have the functional equivalent. In misdemenaor cases, it is commonly called a "Continuance for Dismissal" or a "Continuance Without a Plea." It is possible for the defense and prosecution to agree on such a disposition. If a case is resolved that way, normally there are conditions. If the defendant then completes the period of the continuance without violating any condition, then the charge is dismissed without conviction. Typical conditions may include payment of court costs or prosecution costs, no same or similar offenses, stay away from certain premises. After (assuming) dismissal, since there was no guilty plea, the defendant would be eligible to Petition for Expungement under Minnesota Statutes Chapter 609A. |
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