In Minnesota, a criminal sentence can be imposed in a variety of ways. Different sentences carry significannt implications for a person’s criminal record. This article will examine the different types of sentence dispositions. For comparison’s sake, let’s use the example of a First Degree Assault which carries a sentence of up to 20 years in prison. But let’s assume the Judge would only impose a sentence of 75 months.
An executed sentence means the defendant receives a prison sentence, 75 months. The judge would “commit” the defendant to the custody of the department of corrections (DOC) to serve the 75 month sentence. The offender would then serve the prison time, but would only serve 50 months (2/3) for credit for good time.
Execution of a sentence can also be stayed (hanging over a person’s head) through a stay of execution. If a defendant is sentenced to 75 months, thus the judge imposes a sentence, but does not order the defendant to execute the sentence. Instead, the defendant is placed on probation. A judge can order jail time as a condition of probation, and the person will have a felony assault conviction on his or her record permanently.
A stay of imposition is when the offender pleads guilty but the judge does not pronounce a sentence, thus the judge would not pronounce a 75 month sentence and would instead place the person on probation. At the time of the sentence the person is convicted of the felony assault. However, if the defendant succeeds on probation, the felony will be converted to a misdemeanor upon completion of probation.
A stay of adjudication means that the person pleads guilty to the court, but the court does not accept the guilty plea. Because the court does not accept the guilty plea, upon successful completion of probation, the charge will be dismissed. However, a person is not entitled to a statutory expungement with a stay of adjudication because the person does admit guilt.
Continuance for dismissal is an agreement with the prosecutor where the prosecutor can impose conditions and will continue the case out for a period of time (typically a year) and will dismiss the case at the end of that time if the agreement is followed. This does not require a guilty plea and does entitle a defendant to a statutory expungement.