{"id":401980,"date":"2026-07-22T11:51:42","date_gmt":"2026-07-22T16:51:42","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=401980"},"modified":"2026-07-22T12:46:14","modified_gmt":"2026-07-22T17:46:14","slug":"stays-in-criminal-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/stays-in-criminal-cases.html","title":{"rendered":"Stays in Criminal Cases"},"content":{"rendered":"\n
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Stays in Criminal Cases<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A stay in a criminal case<\/span> is a temporary court order<\/span> that pauses court proceedings or delays enforcement of a sentence. Stays are commonly requested to allow time for an appeal or to prevent immediate actions like executions. They remain in effect until a specific event occurs, such as the resolution of an appeal or new evidence reviews.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

After a judge or jury delivers their verdict in a criminal case<\/span> 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<\/span> or a stay of judgment as soon as the verdict is issued.<\/p>\n

Stays in Criminal Court<\/h2>\n

A \u201cstay\u201d 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<\/span>, a stay simply halts everything\u00a0pending the outcome of other events.<\/p>\n

Stays are not permanent. They are temporary court orders<\/span> that stop enforcement of a judgment<\/span><\/a> while the court reviews a case or considers new evidence.<\/p>\n

Stay of Execution<\/span><\/h3>\n

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

Stay of Adjudication<\/h3>\n

Some jurisdictions allow diversion or stays of adjudication<\/a>. In these cases, a defendant must plead guilty or enter a no-contest plea<\/a>. 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.<\/p>\n

Stay of Imposition<\/h3>\n

A stay of imposition is a type of sentencing agreement<\/a> 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 \u201cwobbler\u201d offenses<\/a>.<\/p>\n

Stay of Proceedings<\/span><\/h3>\n

A defendant can stop the court process before the final judgment<\/span>. If something occurs during the trial that violates the defendant\u2019s civil rights or requires a pause for other reasons, either side can request a stay of proceedings<\/span> while the judge or a higher court<\/span> reviews the record.<\/p>\n

Requesting a Stay of Execution<\/span><\/h2>\n

Unlike a civil case<\/span>, requesting a stay of execution<\/span> in a criminal case<\/span> 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.<\/p>\n

Depending on the state laws<\/span>, there may be a time limit to file the motion to stay and the motion for appeal. Some criminal appeals<\/span><\/a> are automatic. For example, capital cases are automatically appealed to ensure that the\u00a0death penalty<\/span>\u00a0is not applied arbitrarily.<\/p>\n

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<\/span> for the defendant.<\/p>\n

Request for Clemency or Pardon<\/h2>\n

A stay of execution<\/span> 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:<\/p>\n