Rochester MN Continuance for Dismissal Lawyer

Stay of Adjudication Attorney Minnesota

At the end of a criminal case, which the exception of petty misdemeanors, the outcome will more than likely be one of the following, starting with the best case scenario for the defendant:

• Outright Dismissal/Not Guilty Verdict – The charges are either dismissed or the jury or judge found the defendant not guilty.
• Continuance for Dismissal – The prosecutor agrees not to prosecute the case for a period of time (often 6 – 12 months) on the condition that the defendant do certain things (pay a fine, remain law-abiding, etc) and not do certain things (break the law, for example). At the end of the agreed-upon time, if the Defendant has met his/her conditions, the case is simply dismissed.
• Diversion – The defendant pleads guilty but the guilty plea is not entered by the court, on the condition that the defendant agrees to do certain things (attend classes, do community service, etc). If the conditions are met, then the case is dismissed. However, if the defendant fails to meet the conditions, then the guilty plea is entered in the record.
• Stay of Adjudication – The defendant pleads or is found guilty, but the court does not adjudicate him/her guilty.  The court requires the defendant to meet certain conditions for a certain period of time. Those conditions can include fines, probation, and even jail time. If those conditions are met, then the defendant’s record will not show a conviction. A 152.18 drug case (LINK DRUG PAGE) is one example of a stay of adjudication.
• Stay of Imposition of Sentence – The defendant pleads or is found guilty and the court enters judgment of conviction, but does not pronounce a sentence.  The court required the defendant to meet certain conditions for a certain period of time. Those conditions can include fines, probation, and even jail time. If those conditions are met, then a sentence will not be imposed. If the defendant fails to abide by the conditions ordered, then a sentence can be imposed.
• Stay of Execution of Sentence - The defendant pleads or is found guilty, the court enters judgment of conviction and pronounces a sentence.  The court stays execution of the sentence and requires the defendant to meet certain conditions for a certain period of time. Those conditions can include fines, probation, and even jail time. If those conditions are met, then the sentence will not be executed. If the defendant fails to abide by the conditions ordered, then the sentence can be executed.
• Executed Sentence – Reserved for the most serious crimes or the most unamenable defendants. The defendant is simply sentenced to prison and must serve 2/3 of the sentence before being eligible for parole. 

Minnesota Sentencing

These are the four categories of violations in Minnesota and the penalties for each category:

• Petty Misdemeanor – Max $300 fine – No jail time
• Misdemeanor – Max $1,000 fine and/or 90 days in jail
• Gross Misdemeanor – Max $3,000 fine and/or one year in jail
• Felony  - From one year plus one day to life in prison

Minimum Fine Provisions

All felony, gross misdemeanor, and misdemeanor offenses are subject to a mandatory fine of at least 30% of the maximum fine authorized by law; however the law also provides for a $50 minimum fine for indigent defendants.

Sentencing for Accomplices

An accomplice is criminally liable to the full extent of the law for crimes committed by their accomplices.

Sentencing for Attempted Crimes

An attempt is defined as a substantial step toward, and more than preparation for, the commission of a crime. Sentencing for an attempted crime is up to one-half of the maximum fine or imprisonment for the crime attempted, but in any case shall not be less than imprisonment for 90 days or a fine of $100. If the sentence for the crime attempted is life imprisonment, the sentence for an attempt is up to 20 years.

Sentencing for Conspiracy

Conspiracy involves conspiring with another to commit a crime when one or more of the parties does some overt act in furtherance of such conspiracy. Conspiracy crimes are sentenced as follows:

• if the crime intended was a misdemeanor, imprisonment for not more than 90 days and/or a $300 fine;
• if the crime intended was murder in the first degree or treason, imprisonment for not more than 20 years; or
• if the crime intended is any other felony or a gross misdemeanor, imprisonment or payment of a fine of not more than one-half the imprisonment or fine, or both, provided for that felony or gross misdemeanor.

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