Legal Question in Criminal Law in Minnesota

help in az

I was arrested in MN and I pleaded guilty because I thought I was going to get a stay of adjudication. One of my papers says that I do get that, but two of my other papers say that I will recieve MN statute 152.18 MN 2006 Discharge and Dismissal, which is newer than the Stay of Adjudication.

Do I need to fight for the Stay... or is the Discharge/Dismissal better for me? What does the discharge/dismissal mean for me?

I am very confused with the legal jargon and I don't know what I should do.

Thank-you for your time

Sep


Asked on 10/16/07, 11:20 pm

2 Answers from Attorneys
Derek Patrin Meaney & Patrin, P.A.

Re: help in az

A dismissal under 152.18 is better than a stay of adjudication, but they both have the same outcome if you do not violate the terms of either one. The end result is nothing on your criminal record. Sometimes the courts gets sloppy and use the terms interchangably. The bottom line is, don't worry. You definitely got the best deal possible (aside from outright dismissal).

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Answered on 10/17/07, 2:19 am
Thomas C. Gallagher Gallagher Criminal Defense

152.18 vs generic Stay of Adjudication -- Re: help in az

Minnesota Statutes Section 152.18 is a special dispositional outcome, for certain first time illegal drug arrestees. It is a special type of "Stay of Adjudication" -- the only one that qualifies for statutory expungment under its own terms as well as those of Minnesota Statutes Chapter 609A.

A "Minnesota Statutes Section 152.18 disposition" is one type of "Stay of Adjudication" -- the best type, because under current Minnesota law is allows for the possibility of an expungment petition after the successful completion of the stay.

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Answered on 10/17/07, 5:02 pm


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