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Stay of Imposition in Minnesota: Lawyer Explains

Apr 11, 2023 | General Blogs

Stay of imposition is a legal decision that can have a significant impact on the lives of those sentenced for criminal offenses in Minnesota.

It is important to understand what a stay of imposition means, how it works, and its implications.

What is a Stay of Imposition?

When sentencing an offender in the state of Minnesota, a judge can opt to impose a “stay of imposition.” This type of sentence grants the offender probation instead of jail time or prison.

During this period, if they adhere to all the conditions set forth by their probation officer, they may eventually be able to have their felony reduced to a misdemeanor.

A stay of imposition is a great opportunity for those who have committed non-violent offenses and want to get back on the right path. It allows them to continue working, receive help from rehabilitation programs, obtain housing, and make positive changes in their lives without having to serve jail time or go through a trial.

Difference Between Stay of Imposition and Stay of Execution

Now, a stay of imposition is different from a stay of execution. In Minnesota, a stay of imposition is an alternative to a conviction, while a stay of execution is an alternative to the execution of a sentence.

In other words, after a stay of imposition, the offender’s crime level converts from a felony to a misdemeanor, which is helpful for them to move forward with their lives. On the other hand, in case of a stay of execution, the crime stays a permanent felony and is put on the offender’s criminal record.

Further, in a stay of execution, an offender who violates the terms of probation may be forced by the judge to execute a sentence in jail.

While the stay of imposition isn’t perfect, it is, in many ways, much more favorable than a stay of execution. It gives an offender a chance to keep their records clear, which could open more opportunities up for them in the future.