Legal Question in Criminal Law in Minnesota

Difference between stays of adjudication, imposition & execution

What are the differences between stays of adjudication, imposition and execution? As a defendant, which would be more desired? And under which circumstances can each be used? Thank you!

Asked on 10/29/08, 12:04 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense Services
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Re: Difference between stays of adjudication, imposition & execution

A "stay of execution" of sentence refers to a court order staying (delaying) the execution of an imposed (announced) sentence (including an adjudication of guilt), based upon certain conditions (probation).

A "stay of imposition" of sentencing refers to a court order adjudicating a person guilty of a crime, but delaying the impostion of any sentence fora period of time, based upon the defendnat meeting certain conditions.

A "stay of adjudication" of guilt, follows the offer of a facially valid guilty plea (usually) and "stays" or pauses the proceedings without accepting the guilty plea (or verdict) for some period of time, based uponthe defendant meeting certain conditions.

The "conditions" can be the same in all three. A stay of execution is only better than an executed prison term. A stay of impostion is better than that, since for some purposes MN stays of imposition, if completed successfully, are not deemed felony convictions (guns are an exxception, for example).

A stay of adjudication is the better of these three choices, since successful completion would mean no "conviction" under current MN law. An expungment would be problematic, however, due ot the guilty plea.

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Answered on 10/29/08, 3:27 pm

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