Sentancing

[amydherf]

What is the difference between a Stay of Adjudication and a Stay of Impostition?

[sandra]

TERMS USED WHEN SENTENCING

Execute/impose: If a sentence is executed, then the defendant is being sent to serve the time in jail or prison.

Stay of execution: The defendant is sentenced to a set amount of prison or jail time but he or she does not serve that time now. Rather the defendant is placed on probation for a set period of time. If the defendant does not follow the conditions, then he or she can be sent to serve the amount of time that was sentenced.

Stay of adjudication: This term refers to a number of different things. It means that the court is not making a final finding but is sentencing the defendant.

Stay of imposition: The defendant is not sentenced to any prison or jail time. The court is placing the defendant on probation for a set period of time. If the defendant does not follow the conditions of probation, then he or she can be brought back to court and then the judge can give them a set number of days or months in jail or prison. If at the end of probation there have not been any problems, then the criminal charge is usually reduced to something less than the original charge. For example, a felony can be reduced to a misdemeanor on the defendant’s record.

Continuance for dismissal: The prosecutor agrees to discontinue the case, provided the defendant follows certain conditions (e.g. remains law abiding, goes to treatment, etc.). If the defendant breaks these conditions, then the state will prosecute the original charge. If the defendant successfully completes all of the conditions, the case is dismissed.

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Term
Execute or Impose Sentence

What it means
Serve the sentenced time in jail or prison

What to consider
Will defendant bereleased for work? Will defendant be released for anything else? Will defendant serve timejust on weekends?

Long-term consequences
Once the time is served, the judge has no more control over the defendant.Defendant could lose civil rights…e.g. right to own guns, voting rights. A non-citizen defendantmay be deported.



Term
Stay of Execution

What it means
The defendant is sentenced to time butdoesn’t serve the time right now. The defendant is on probation and could serve the time if they have trouble while onprobation.

What to consider
What are the conditions of probation? What probation violations will land the defendant injail? Can the probationofficer send the defendant to jail (sentenced by furlough) or does there need to bea hearing?

Long-term consequences
Could lose civil rights. A non-citizen defendantmay be deported.



Term
Stay of Imposition

What it means
The defendant is not sentenced to serve time. He or she is placed on probation.

What to consider
What are the conditions of probation? Is there a probation officer? What will land defendant backin jail? Will the defendant’s criminal record be reduced at the end of probation?

Long-term consequences
The crime will bereduced at the end of probation. The defendant may not have the crime on his or herrecord. This could mean that he or she can still own guns. This may be an incentive to obey the probation conditions. A non-citizen defendantcould be deported.



Term
Continuation for dismissal

What it means
No plea of guilty, the case is simply continuedfor a year (or somelength of time) and if the defendant does whatis ordered, the case will be dismissed at the endof the year.

What to consider
What are the conditions of the continuance?What happens ifdefendant violates? Is there a probation officer to monitor the conditions? Who will the battered woman call if there are problemswith the defendant?

Long-term consequences
There is no plea ofguilty. If there are problems, there may be a trial later. A defendant may comeout of the courtproceedings with nocriminal record. If the continuance for dismissal involves the defendant admitting tothe crime, a non-citizen defendant may face deportation.

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Stay of Execution
The court imposes a sentence (jail time and/or fine) but stays the execution of the sentence, meaning that the defendant does not have to serve all or a portion of it. The defendant is instead typically placed on probation with certain conditions imposed. If the conditions of probation are successfully completed, the defendant does not have to serve the ‘stayed’ portion of the jail time, and the case is discharged. The offender continues to have a record of a felony conviction, even when the case is discharged.


Stay of Imposition
The court informs the defendant what the sentence would be for a particular conviction, based upon presumptive guidelines, but does not impose that sentence. Instead, the defendant is placed on probation with certain conditions to follow, which may include jail time and/or payment of a fine. The case is reduced to a misdemeanor upon successful discharge from probation.