If you are facing an executed prison sentence, the best thing you can do is contact a criminal defense attorney immediately.Ī stay of execution is a better outcome than an executed sentence, but does have some drawbacks.
#Stay of imposition trial#
You can do so through various means – contesting evidence prior to trial, proceeding to trial and convincing the jury to acquit, or arguing to the Judge for a downward departure from the Sentencing Guidelines. If at all possible, you would like to avoid an executed prison sentence.
Essentially, the conditional release functions as a de facto probation. If you violate the conditions, you can be sent back to prison to serve the conditional release period in prison. During the period of conditional release, you will still be supervised and have certain conditions.
At times, this period of conditional release will last up to 10 years or more. However, certain offenses, such as felony DWI, sex offenses, child pornography offenses, and others require a period of conditional release following the completion of your sentence. sentence you to more time in prison) if certain circumstances are present.īecause your sentence is “executed," you will not be placed on probation following the completion of your sentence.
#Stay of imposition free#
A Judge is free to depart downward (i.e., sentence you to less time in prison) or upward (i.e. With an executed sentence, you will typically be sentenced to prison for some period of time in the Guidelines range. The Minnesota Sentencing Guidelines will provide a range for your offense. With an executed sentence you are:Ĭonvicted of a felony, meaning that a felony level offense will be on your criminal record when any employer, housing agent, licensing agency, or anyone else runs a criminal background check on you. Typically, felony charges can result in the following sentences:Īn executed sentence is the worst possible outcome for a felony level offense. Can you keep a felony offense off your criminal record? Is it possible to plead to a lesser charge, or agree to accept a sentence that would go on your criminal record as a lesser offense? The answers to all three questions is yes – if you have the right attorney. Ĭopyright (c) 2008, The Bemidji Pioneer, Minn.ĭistributed by McClatchy-Tribune Information Services.įor reprints, email, call 80 or 84, send a fax to 84, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.If you have been charged with a felony offense, you may be wondering what kind of sentence is available. To see more of The Bemidji Pioneer, or to subscribe to the newspaper, go to. The girl confirmed that Green had been her boyfriend and he had had sexual contact with her. The parents provided law enforcement with information obtained from a cell phone, namely sexually explicit messages and images. April 12, parents of a 14-year-old girl contacted the Beltrami County Sheriff”s Office with concerns that their daughter had been sexually active with Green. The judge granted a furlough for the sex offender treatment.Īt 3:30 p.m. Not use or possess sexually explicit materials.
Have no contact with the victim or other minor girls. Complete outpatient sex offender treatment. Comply with rules of the Department of Corrections. Undergo chemical dependency evaluation and follow recommendations. Serve up to 10 years of supervised probation.
Serve 90 days in jail, with credit for two days served and work release. Judge John Melbye imposed a long list of conditions on Green’s stayed of imposition: Green must: 1–Richard Michael Green, 21, of Kelliher, pleaded guilty April 12 in Beltrami County District Court and received a 10-year stay of imposition of sentence Monday for serious felony fourth-degree criminal sexual conduct with a girl between the ages of 13 and 15 when he was 48 months or more older than the victim. By Molly Miron, The Bemidji Pioneer, Minn.Īug.
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