Detroit Lakes, MN asked in Criminal Law for Minnesota

Q: I violated my probation with a dirty UA my PO issued a warrant and the warrant says stay of execution of sentence. Am I

Going to prison for 15 months for 5th degree possession then

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: No that does not mean that you are going to prison. It is stock language that ends up on a probation violation. Typically, the formal violation report will provide a recommendation of how long that you serve for the violation.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A stay of execution of a sentence imposed is a type of "probation," with conditions. If a probation officer alleges that a probationer violated a condition, he or she can ask the judge to sign an Arrest and Detain Order (essentially an arrest warrant), and initiate the process for a court hearing on (1) whether the probationer did in fact substantially violate a condition; and,if so, (2) what sanction is appropriate for that violation. Simply reciting that the probationer is currently on a stay of execution of a sentence of up to 15 months, does not mean that the judge will definitely revoke the stay and execute all 15 months. That would be a worst case scenario, and rare - especially for a first, relatively minor violation. Discuss with your lawyer.

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