What does stay of imposition mean? I am being charged with a gross misdemeanor, and was offered a plea which included 2 years probation and a stay of imposition. What is a stay of imposition?
Criminal Defense Attorney
A Stay of Imposition may be imposed as part of a Sentence under Minnesota Statutes Sec. 609.13. In a stay of Imposition, the defendant is placed on probation with or without supervision and intermediate sanctions such as paying fines, remaining law abiding, completing jail time or community work service etc... . If the conditions are completed during the probationary period, the offense may be reduced from a felony to a misdemeanor.
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Criminal Defense Attorney
Practically speaking, when you are offered a stay of imposition and some time on probation, it means that while you are on probation you have been convicted of a gross misdemeanor offense. But, if you complete your probation successfully without any violations, your gross misdemeanor conviction will be reduced to a misdemeanor conviction. You should consult with a lawyer to help you make the decision whether this is a good plea offer depending on the facts of your case.
This answer is not legal advice and does not create an attorney/client relationship. You need to speak to a lawyer to discuss your specific legal situation and to receive legal advice.
My colleague is correct. Stay of Imposition is a sentence in which a jail or prison sentence is not pronounced as part of the sentence. You may have to serve a jail term as part of probation but it would not be part of the stayed sentence. If you violate the stay of imposition, you could be re-sentenced under a stay of execution. A stay of execution is a sentence whereby by a jail sentence is pronounced but execution of some or the entire jail sentence is stayed. The benefit of the stay of imposition is that the charge can be reduced to a misdemeanor following the completion of probation. Whether the charge is reduced to a misdemeanor depends on how much jail time you actually serve. If you serve less than 90 days, your charge could be reduced to a misdemeanor upon successful completion of probation.