Minnesota Sentencing
Despite reforms, Minnesota sentencing is complicated and imperfect. Like the criminal justice system as a whole, criminal sentencing is a hotly contested issue, from drug sentencing reform movements, to perceived and real disparities in sentencing across geographical and demographical areas and groups. In this blog posting, we will provide an overview of criminal law sentencing basics. Providing this ground work will allow us to tackle some of the more specific and key sentencing issues within the criminal justice system in Minnesota.
A criminal case can be resolved in seemingly innumerable ways, from an outright dismissal of the charges to a judgment of conviction following trial. Other forms of resolution may involve a plea agreement, deferred prosecution, a stayed sentence, or a stay of adjudication. These are distinct concepts, each with their own body of governing law under the Minnesota Rules of Criminal Procedure and Minnesota caselaw. Below, we will provide information of the many ways a criminal case may be disposed of in Minnesota. In later posts, we will discuss other important issues related to Minnesota sentencing.
Continuance for Dismissal
A continuance for dismissal, sometimes referred to as a “CFD,” is just like it sounds. It is an agreement between the prosecutor and the defendant that prosecution will be suspended for a designated period of time on certain conditions, including that the defendant refrain from committing additional offenses and waive the right to a speedy trial. The district court does not make a finding of guilt, and the defendant does not make an admission of guilt. At the end of the designated period, if the defendant has satisfied the conditions, the case is dismissed. A continuance for dismissal differs from a stay of adjudication and a stay of imposition (explained below) in that it involves neither a guilty plea nor a finding of guilt. For an example of a situation involving a continuance for dismissal, see one of our many results by clicking here.
Diversion
Similar to a continuance for dismissal, pretrial diversion is a form of disposition whereby a prosecution is suspended for a set period of time, after which the charge is dismissed if the defendant has fulfilled the terms of the diversion program. A diversion program will generally carry with it more obligations, and more supervision, than a situation involving a continuance for dismissal. But like a continuance for dismissal, if the defendant runs afoul of the terms of the diversion program, criminal proceedings in the diverted case are resumed. If the defendant successfully completes the diversion program, the charges are dismissed. For an example of a situation involving diversion, see one of our many results by clicking here.
Stay of Adjudication
In a case where there is a guilty plea, a stay of adjudication is the most favorable type of disposition in a criminal case. A stay of adjudication is different than a stay of imposition or a stay of execution, which are discussed below. A stay of adjudication has been referred to in the courts as some “third kind of animal.” A stay of adjudication exists when a person enters a plea of guilty, but rather than accept and adjudicate the person’s guilt, a judge instead “stays” the adjudication of guilt and places the person on probation. The terms of probation may include any of the traditional terms and conditions, including jail, treatment, community service, and the like. So long as a person successfully completes probation and is discharged, there is no conviction or finding of guilt. For an example of a situation involving a stay of adjudication, see one of our many results by clicking here.
Stay of Imposition
A stay of imposition occurs when a court accepts and records a finding or plea of guilty, but does not impose (or pronounce) a prison sentence. If the defedant successfully completes the stay, the case is discharged, and the conviction is deemed a misdemeanor under Minnesota law. A stay of imposition differs significantly from a stay of execution in felony cases. In the case of a stay of imposition, a person’s felony conviction is reduced to a misdemeanor level offense so long as the person is successfully discharged from probation. In the case of a stay of execution, there is no reduction in offense level.
Stay of Execution
A stay of execution occurs when a court accepts and records a finding or plea of guilty, and a prison sentence is pronounced, but is not executed. This means that a person who receives a stay of execution will avoid going to prison so long as they abide by the terms of probation. If the defendant successfully completes the stay, the case is discharged, but the offender continues to have a record of a felony conviction. As discussed above, this is the significant difference from a stay of imposition.
Executed Sentence
An executed sentence is a sentence of imprisonment. As far as Minnesota sentencing goes, it is the worst possible scenario for a defendant. However, executed sentences are not all the same. It is possible for an offfender to receive a durational departure from the Minnesota Sentencing Guidelines, thus making the executed sentence shorter in duration. On the other hand, prosecutors sometimes seek an aggravated sentence, which, if granted, has the consequence of increasing an executed prison term beyond the presumptive sentence contained in the Minnesota Sentencing Guidelines.
Lundgren & Johnson are here to deal with your Minnesota sentencing issues.
Minnesota sentencing issues are complex and highly technical. The Minnesota Sentencing Guidelines themselves are 141 pages in length and the cases dealing with sentencing issues at the Minnesota Supreme Court and Minnesota Court of Appeals are seemingly endless. Because of these complexities, and the interests at stake for the individual, effective and focused advocacy by experienced criminal defense attorneys is essential. The lawyers at Lundgren & Johnson, PSC, are experienced in difficult and complex sentencing issues. You can reach David R. Lundgren or Adam T. Johnson 24 hours a day at 612-767-9643 or by entering your information on this website. At our firm, we fight hard for you.