Monday, February 20, 2012

Minnesota Criminal Sentences (Explained)

Just as many of us know - there's more than one way to skin a cat - there are also many ways a Minnesota criminal case can be resolved.  As an experienced Minnesota Criminal Defense Attorney, I've worked out deals that have encompassed everyone of these outcomes. 

Below are a list of the sentences one may receive in a Minnesota courtroom - with the best outcome (save for an outright dismissal) listed at the top with the "less" better results following behind.    

  • Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): Here, the government sets aside your case for a set amount of time, and they then will dismiss the case after that period of time if you fulfill all of their conditions.
  • Stay of Adjudication: The individual offers a guilty plea to the court, but the court does not accept it.  There is then a probationary period set with certain conditions.  If the terms of the probationary period are met, the case is dismissed at the end of that period.
  • Stay of Imposition: The charged individual offers a guilty plea to the court which the court accepts, but does not impose the full sentence.  There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
  • Stay of Execution of Sentence:  An individual offers a guilty plea which the court accepts.  He/she is then placed on probation, with certain (or all) terms of the sentence are stayed - not given.  For example, someone who is sentence to 30 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
  • Execution of Sentence:  Here, the accused offers a guilty plea which the court accepts, and the sentence is imposed without any terms/conditions stayed.  For example, someone who is sentenced to 90 days of jail “executed” would actually have to serve that jail time.

    What Can You Do?

    My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding their arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in their case, as well as any previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.

    Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.

    If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today at (612) 234-1165 and schedule a no-cost, no obligation consultation.

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