Stays in Criminal Cases

After a judge or jury delivers their verdict in a criminal case and the judge orders a sentence, the trial is over. However, the defendant can still have the sentence reviewed before they go to prison. Criminal defendants have a right to appeal their case. To gain time for an appeal, defendants can request a stay of execution or a stay of judgment as soon as the verdict is issued.

Stays in Criminal Court

A “stay” in court proceedings is a way to pause the court process without affecting the case’s progress. Unlike an appeal, which is a review of the court’s decision, a stay simply halts everything pending the outcome of other events.

Stays are not permanent. They are temporary court orders that stop enforcement of a judgment while the court reviews a case or considers new evidence.

Stay of Execution

A stay of execution prevents the enforcement of an immediate, irreversible action. These stays are most often seen in death penalty cases to prevent an actual execution. They can also prevent evictions, property seizures, and other court actions that may cause irreparable harm.

Stay of Adjudication

Some jurisdictions allow diversion or stays of adjudication. In these cases, a defendant must plead guilty or enter a no-contest plea. The judge then issues a stay of adjudication. If the defendant completes a period of probation without reoffending, the judge vacates the plea and clears the case. A stay of adjudication or diversion can leave a defendant without a criminal history.

Stay of Imposition

A stay of imposition is a type of sentencing agreement in which a defendant is found guilty, but the judge delays sentencing in favor of probation. If the defendant successfully completes the probationary period, no sentence is imposed. If not, the defendant receives the original sentence for the offense. A stay of imposition is common for first offenders and for so-called “wobbler” offenses.

Stay of Proceedings

A defendant can stop the court process before the final judgment. If something occurs during the trial that violates the defendant’s civil rights or requires a pause for other reasons, either side can request a stay of proceedings while the judge or a higher court reviews the record.

Requesting a Stay of Execution

Unlike a civil case, requesting a stay of execution in a criminal case requires the defendant to pursue an appeal or present other compelling reasons to delay the sentence. An attorney often files a motion to stay pending appeal along with the appeal itself.

Depending on the state laws, there may be a time limit to file the motion to stay and the motion for appeal. Some criminal appeals are automatic. For example, capital cases are automatically appealed to ensure that the death penalty is not applied arbitrarily.

To request a stay or appeal, defendants must show a compelling reason for the pause. Reasons may include legal errors, abuse of judicial discretion, new evidence, or undue hardship for the defendant.

Request for Clemency or Pardon

A stay of execution can precede a request for clemency. Clemency is a broad term for mercy granted by a chief executive (like a state governor or the president) and includes several options:

• Commutation reduces or shortens a sentence. For instance, in a death penalty case, a defendant may ask the governor to commute the sentence to life without parole.
• Pardon forgives the offense. It may also restore certain rights, though the conviction typically remains on the record unless expunged.
• Reprieve temporarily delays punishment. It does not vacate a conviction.

A stay of execution pauses the imposition of a sentence while the executive or a higher court considers the request for a grant of clemency or pardon.

Stays in Civil Court

In civil cases, a stay of judgment suspends enforcement of a court judgment while the losing party pursues other remedies. Stays of judgment are common in eviction cases to give defendants additional time to vacate the property. Stays can provide relief when a party is ordered to pay a monetary judgment, giving parties additional time to negotiate a settlement.

Get Legal Advice From a Criminal Defense Attorney

Whether your case is in a trial court, on appeal, or if you need a stay of execution, it’s a good idea to have legal assistance. If you need to file an appeal or request a new trial, a criminal defense attorney is the kind of expert you need. They examine your petition, explain your options, and stand with you throughout legal proceedings.