Stay of Execution – What is it and Why it May Be Requested?
The power to remain attorney legal has two separate yet intertwined meanings. The first is that the person who has been accused of the crime can at any time remain on the stand, in a jail or prison cell, while awaiting trial. This is referred to as “peremptor” in the legal world. If a defendant wishes to have this power, he must file a motion with the courts, asking that his case be heard by the courts even if there is not yet a trial date scheduled. In many ways, this can be interpreted as a plea for mercy.
The second meaning of stay revolves around the ultimate outcome of any proceedings. A court can either permanently keep a case from proceeding or temporarily suspend or terminate a case. In some instances, stays are automatic, while in other cases, they are up to the discretion of the court. For example, if a grand jury investigating an alleged criminal offense has recommended that charges be filed, the court will generally allow the grand jury to continue its deliberations and make a decision. However, if the prosecutor does not agree with the grand jury’s findings, the court will generally terminate the proceedings and enter a judgment against the defendant.
Although most people understand the basic meaning of stay, there are very few situations where it is used that would not constitute a violation of due process. Therefore, in the event of any pending litigation in which a stay of execution has been granted, it is vital that the plaintiff be provided with an opportunity to respond to the motion to stay. A stay of execution essentially prevents the plaintiff from spending any time involved in the litigation, while allowing the defendant to pursue his case and proceed with his business.