Tuesday, November 18, 2014

Minnesota Criminal Sentencing Options (Explained)

Like with any story, people want to know how it ends.  As an experienced Minnesota Criminal Defense Attorney one questions I get a lot is: What Will My Sentence or Consequences Be?  Listed below are how the majority of cases are resolved in the State of Minnesota.

Case Outcomes

Through a trial or plea bargain negotiations, there are several possible outcomes to any case.  The benefit of a plea bargain is that you know what the sentence will be before admitting to the offense.  The possible outcomes for trial or plea negotiations are as follows:
  • Dismissal - all charges dismissed ... pretty easy to understand, right;
  • Continued Without Prosecution ("CWOP")  or Continued For Dismissal ("CFD"). Here, your case is set aside and p does not go forward for an agreed upon period of time - usually a year. Then, if certain conditions are met by the end of the time period, the case is dismissed;
  • Stay of Adjudication - A plea of guilty is offered to the court, but the court does not accept it. If all conditions are met at the end of the probation period, the case is dismissed --- much like a CWOP or CFD;
  • Stay of Imposition - The court does not impose the full sentence but puts you on probation with terms and conditions. At the end of the probation period, if all conditions are met, the conviction may be determined to be a lower level than charged, or (if negotiated) the case is vacated and dismissed --- often a Felony becomes a Misdemeanor;
  • Stay of Execution - This is when a sentence is imposed, but some or all terms are not imposed, and the defendant is placed on probation. The execution of the sentence will be stayed ... conditioned upon terms that are up to the court --- this usually involves someone serving jail time on the county lock up as opposed to going to prison;
  • Diversion program - Certain crimes or defendants are eligible for a programing that takes the accused out of the court system and puts them into a program designed to rehabilitate the offender. If all conditions are met, the case is dismissed.   
  • Execution of the Sentence - This is when the judge imposes the sentence without any stayed condition.

Don't be afraid to get answers to your questions, before you spend your hard earned money.  Call or text the Rolloff Law Office - ANYTIME -  to get answers for ask these questions and any others: (612) 234-1165

1 comment:

  1. Great thoughts! It is very important to an accused and dependent, what are the possible sentencing options. Well it is also important to an los angeles criminal defense lawyer to explain to his or her clients those sentencing options.