Thursday, July 19, 2012

Minnesota Stay of Adjudication (Explained)



**** NEWS FLASH ****


If you've been charged with an offense - there's no guarantee you'll actually be convicted of it.  Additionally, you may even plead guilty - and not have the offense go on your record.  


Seriously, a Minnesota Stay of Adjudication for a felony (or misdemeanor) level offense can entirely avoid a conviction --- provided you successfully complete probation. How do you get this "deal"? The first place to start is by consulting with an experienced Minnesota Criminal Defense Attorney.  


What?


With a Stay of Adjudication: You do plead guilty to an offense. However, the Judge does not "accept" your guilty plea.  Rather, you get a Sentence of a "Stay of Adjudication." 


What this means is that a conviction for an offense is not entered on your criminal record, provided you successfully complete probation. Once you do, he charges are dismissed, and your criminal record is clear of any convictions. However, arrest records will still show that you were arrested. In order to get rid of these arrest records, you will need to pursue an expungement of your record.


Or put another way: Adjudication of your guilt will be "stayed," meaning that you will not be found guilty. However, you will still be placed on probation. Additionally, the Court may still impose probationary conditions that include local jail time, fines, community service, electronic home monitoring, or any other conditions the Court deems appropriate.




Now What?



If you are charged with any offense, and do not want to take the risk of going to trial, a stay of adjudication is the best way to avoid any conviction at all. Ideally, your Minnesota Criminal Defense Attorney will aggressively negotiate with the prosecutor in order to get you a stay of adjudication. With the right lawyer, you may be able to receive a sentence that will not impact you as severely throughout the rest of your life. 


If you've been charged with any criminal, contact The Rolloff Law Office today to discuss your case and the options available to you. Call (612) 234-1165.

6 comments:

  1. You made some good points there. I did a search on the matter and found the majority of people will consent with your blog.

    shey
    www.gofastek.com

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  2. Thank you for explaining...btw...there is a typo in this article. "Once you do, he charges are dismissed..."

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  3. So say I got a felony charge in Minnesota and was offered a stay of judication and I completed my the terms of sentencing the felony would not be on my record but it will show I was arrested for a felony offense? And would this hinder my ability to purchase a firearm and or conceal and carry permit?

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  4. And yes I was arrested for a non violent felony got a stay of judication and completed the terms of sentencing.

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  5. The problem with a Stay of Adjudication, is that if you (defendant) are licensed by the State of Minnesota, the plea of guilty that is entered will come back to bite you. The state licensing statutes subjects a license holder to suspension or revocation for not only a conviction, but even an admission to a listed serious offense. And with the ability to determine if someone were merely charged with a crime, a stay is not going to protect a defendant.

    For example, I had a client who got charged with 3rd Degree Crim Sex (he was drunk, girl was drunk, boyfriend walked in on them, she screams rape to save face) who took the Stay of Adjudication plea offer. Five years later he starts dating a woman who is licensed to provide day care. They cannot live together, let alone get married, or she loses her license, because of his admission.

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  6. The stay of adjudication has allowed me to acquire my permit to purchase. I have even had multiple persons check my criminal background and come up with nothing. Not even showing I was arrested for my charge.

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