Thursday, September 27, 2012
As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about what individuals should consider when looking to hire a criminal attorney.
Among the many things you must consider, such as: do you feel comfortable with the attorney when you meet them face-to-face; is he going to spend the time necessary to understand the particulars of your case; and can he explain to you what to expect in terms of potential outcomes, and the risks involved --- you also need to look at these things.
1. EXPERIENCE, EXPERIENCE, EXPERIENCE
There simply is no substitute for hands-on experience in a criminal courtroom. It is by far the most important consideration in choosing a criminal lawyer. Every case is different, as are the personalities of each, judge, prosecutor and law enforcement officer. Attorneys that have been around the local legal landscape for a long time tend to be more expensive, but it is often money well spent. Former prosecutors are often good bets, as assistant county attorneys have often had extensive trial and plea bargaining experience that someone who starts out on the defense side might not have.
BUT, keep this in mind: If you have a unique case, or an especially complex case, younger lawyers with moderate experience tend to be hungry. They are eager to establish their own reputations. They will have more time to research caselaw and do background investigation. They will pour blood, sweat and tears into your defense. They might be willing to try a novel legal argument much quicker than a more established attorney. A less-established attorney will also have more time to spend with you one-on-one. They will have fewer cases, and will probably be paid less for each of those cases, so each case to the less-established attorney is important.
2. AVOID ATTORNEYS WHO PROMISE OUTCOMES
Criminal attorneys are seldom assured of any particular outcome in a case. We operate in a field that is filled with uncertainty. We can, however, offer you a forecast of what to expect when your case goes to court.
3. STREET SMARTS
Common sense and how the real world works is important. We are a people-based practice area, and have to understand practical realities. A grasp of legal statutes is critical, but criminal lawyers spend far more time with real people than holed up in law libraries.
4. COMMUNICATION SKILLS AND LISTENING
Look for an attorney that can explain the law to you in easy to understand terms. Does the attorney listen to your story without interruptions? Does he or she explain to you possible defenses you may have to a particular charge? If you come away from an initial consultation feeling befuddled or misunderstood, look for another lawyer.
5. SOMEONE WHO IS NOT AFRAID TO GO TO TRIAL
The client always controls the decision of whether to accept a plea offer or go to trial. Plea bargaining often results in the best possible outcome for a client. Good things, however, can also come from forcing the State to prove its case. Let your intuition tell you whether this is an attorney you can go into battle with.
As a Minnesota Criminal Defense Attorney, I pride myself on providing the best representation possible. I'm a former prosecutor (and before that I clerked for a judge) --- if it has happened in the courtroom I've seen and done it. For more information or to schedule a free consultation, call the Rolloff Law Office today: (612) 234-1165. Or, for more information, visit my website: rollofflaw.com.
Monday, September 24, 2012
When a person is arrested for a first-degree (felony) or second-degree Minnesota DWI crime, the person must be taken into custody and detained until the person’s first court appearance, at which time the court generally sets bail and specifies conditions of release. Unless maximum bail ($12,000 for gross misdemeanor DWI) is imposed, a person charged with any of the following offenses may be granted pre-trial release from detention, but only if the person agrees to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements. An experienced Minnesota DWI Attorney can assist you and your family with issues like these.
These are the offenses that will lead to mandatory action by the court:
- a third implied consent or DWI violation within ten years;
- a second violation, if under 19 years of age;
- a violation while already cancelled as inimical to public safety for a prior violation; or
- a violation involving an alcohol concentration of .20 or more.
- impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven; a
- requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and
- a requirement to reimburse the court for these services upon conviction for the crime.
What To Do Next
Take the next, right step. Call the Rolloff Law Office today for a free consultation. The government has lawyers working against you. It's time to get someone on your side who knows the ropes and will use that knowledge to protest your rights and your future. Call (612) 234-1165 to begin the process of reclaiming your freedoms. Affordable, agressive and an ass-kicker.
Thursday, September 20, 2012
As a Minnesota Criminal Defense Lawyer --- the cases I get the most questions about (and the number of cases I work on most are Drunk Driving charges --- combine that with my experience as a former prosecutor and you can be assured I know a little something about this dilemmas. Here are some answers to the most common questions:
WHAT TO DO IF STOPPED BY THE POLICE FOR A MINNESOTA DWI?
- BE POLITE (The officer is the Judge at the side of the road;)
- DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD PBT;
- SUBMIT TO A BREATH CHEMICAL TEST (A REFUSAL TO SUBMIT WILL LEAD TO A WHOLE NUTHER CHARGE;)
- NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED.
IF YOU HAVE BEEN ARRESTED - WHAT THEN?
You next best move is to call the Rolloff Law Office - at (612) 234-1165. The sooner you get a lawyer on board, the better your chances to earn the best possible outcome for your case.
Tuesday, September 18, 2012
Shoplifting --- although a minor offense ---- can have major consequences (if not in court) then as it regards your future. That's right - it could hurt your job (or ability to find work,) and could also keep you from getting certain benefits. Your best bet - talk to an experienced Minnesota Criminal Defense Attorney - before you take any actions.
Can I travel outside the United States If I have been convicted of a shoplifting case?
The answer in many cases is no. Many countries such as Canada, Mexico, and some European and Asian countries will not allow you to enter without special waivers and visas which can be difficult or impossible to obtain. Since 9-11 many countries have upgraded security protocols for entry and many now search for criminal records at your point of entry.
Can I be fired from my job due to a shoplifting conviction?
The answer is yes. Unless you have an employment or union contract that states otherwise your employer can generally terminate you upon learning of your conviction. Most employment and union contracts however state that a criminal conviction is grounds for dismissal.
Can an employer discriminate against hiring me if I am convicted of a shoplifting charge? Yes, an employer can discriminate and not hire you if you are convicted of a shoplifting charge. Furthermore even an arrest for Shoplifting in Minnesota will be noted on your criminal record.
If my record is expunged, can my conviction for shoplifting still be used against me?
The answer to this is yes in many cases, however, the grounds are too long to list here. If you have specific questions - please call the Rolloff Law Office to set up a FREE CONSULTATION at (612) 234-1165.
What if I told the police or admitted to the store that "I did it" can I still have a lawyer represent me and win my case: The answer is yes we can still help you and maybe "win" your case but you must take the first step and call so I can review the facts of your case in the privacy of our office. You do have rights just remember your Miranda warnings, but they are limited.
Can one of your shoplifting lawyers help me if I have court tomorrow?
The answer is yes. Although it is not advisable to wait until the last minute to hire an attorney for a shoplifting case, we can still help you. Obviously, the more time our lawyers have to work on your case, the better the results. Its never to late to try. We understand that many courts will may only give you a day or even a week to hire a lawyer before mandating your appearance in court and thus in most cases we can give you a same day appointment --- and it's FREE!
How much will it cost for representation?
The answer is: it depends! It could be a few hundred, it could be much more; it will depend on the lawyer you choose, the amount of time your case needs and the results that you want, whether you were arrested or simply notified of a pending charge and lastly, whether your case will be set for trial in superior or municipal court. We do offer set fees, hourly fees and financing is available in some cases. The question is how much will it cost you if you do not hire the right attorney and get convicted, when you cannot find a job, your education is wasted and your family can not meet its financial needs?
Don't go it alone --- this is some serious sh*t. Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165
Friday, September 14, 2012
I get lots and lots of questions as a Minnesota Criminal Defense Attorney. Here are some of the most common and some real answers.
How do I choose an attorney?
When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At the Rolloff Law Office I provide personal legal services on a one-on-one basis, and have a "results-oriented" approach to defending charges. Couple that with my reasonable rates --- and almost anyone can have the quality defender the need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.
Will I go to jail for a DWI charge?
Any DWI offense carries the potential of a jail sentence. Under Minnesota law, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. If you have a prior conviction for a DWI (within the last 10 years,) including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.
What if I discover I am under investigation for a violent crime?
If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of the Rolloff Law Office. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.
What criminal charges does your firm defend?
At my office, I am committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Disorderly Conduct to all Theft crimes, from Misdemeanor to Felonies, as well as serious traffic offenses, and violent crimes, including Assault, Murder, Manslaughter, and Domestic Assault.
If you even think you need legal help --- call the Rolloff Law Office today to set up a FREE consultation at (612) 234-1165.
Tuesday, September 11, 2012
If you have been charged with a Drunk Driving --- you should seriously consider hiring an experienced Minnesota Criminal Defense Attorney --- or at the very least talking to one about your rights. My reason for suggesting this is not just because I am an attorney. Here are some ways an attorney can help with your case --- and your future!
Pleading guilty can actually cost a lot more than hiring a Minnesota DWI Lawyer.
Believe it or not, there are many long term consequences to pleading guilty to a Drunk Driving --- that aren't immediately made know to you by the prosecutor or the judge --- including potentially having to tell to every potential employer for the rest of your life that you were convicted of a serious crime, having to pay increased insurance premiums and being excluded from international travel.
Honestly, do you really know what all of the consequences are that you may face in your future? If you don’t, you should consult with an experienced Minnesota DWI Lawyer so that you can make an informed decision regarding your case.
Hiring an experienced Minnesota Drunk Driving Lawyer is an investment in your future.
The prosecutor does this for a living – prosecutes criminal cases. You can rest assured they know the issues in a DWI case, that they have read the case against you, and that they are prepared to argue aggressively for a conviction. That’s their job. Shouldn’t you have someone just as prepared – if not more so – ready to argue aggressively on your behalf, too?
When you weigh the cost of pleading guilty and all the future costs that come with it, against the cost of hiring a Minnesota DWI Lawyer, you will find that hiring an attorney is an investment in your future.
Not all Minnesota DWI Lawyers cost the same.
Each attorney charges what he or she has determined is an appropriate fee for the level of his or her services. Don’t hesitate to ask a lawyer what it will cost to represent you. But --- don't just go with cost when making your decision not all Minnesota DWI lawyers are the same. Your lawyer is the one person in the court room who is on your side, unconditionally. You need to feel comfortable with your lawyer – your relationship with your lawyer can make or break your case: Your lawyer will rely on the information you share with him or her in defending you. If you and your lawyer don’t have a good working relationship, you won’t trust your lawyer with this critical information. The key to a successful attorney-client relationship is the same thing that makes all relationships succeed or fail.
Before opening my own office, I started out prosecuting Minnesota DWI case --- hundreds of Drunk Driving cases. Let me put that experience to work for you. Learn for yourself --- Call to Rolloff Law Office at (612) 234-1165 to schedule an office visit and come in and see us in person,
Friday, September 7, 2012
As an experienced Minnesota DWI Attorney, I get a lot of question, lots and lots of questions. Here are some of the most common - and some answers too.
How drunk does someone have to be before he can be convicted of a Minnesota DWI?
It's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that ANY alcohol or drugs in a driver's body that prevents him from thinking clearly or driving safely can end up leading to a Drunk Driving conviction. Many people reach this level well before they'd be considered "drunk" or "stoned." In every state, an adult who has a blood alcohol content (BAC) level of .08% or above is guilty of a DWI. If the driver is under the age of 21 - then ANY amount of alcohol could lead to a citation.
How do the cops determine whether a driver is under the influence or intoxicated?
Police typically use three methods of determining whether a driver is under the influence.
Observation. A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop, or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath, or notices slurred words or unsteady movements.
Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of fiels-sobriet tests - such as standing on one leg, walking a straight line heel-to-toe, or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication, and will judge your ability to follow exact instructions. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood, or urine test -- others do not. If you test at or above .08 % blood-alcohol concentration, you are presumed to be driving under the influence, unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.
Do I have to take a breathalyzer, blood test, or urine test if I am stopped for DUI or DWI?
You may refuse to take a chemical test (breathalyzer, blood test, or urine test) during a DWI stop, but if you do so --- you'll likely be charged with another offense: Refusal. See, like in almost every other state, Minnesota has an "implied consent" law. This means - by virtue of the fact that you chose to drive --- you've already consented to such a search (if it is legally sought.) Therefore, if you don't take the test - you could be charged with a crime.
If you've been arrested for a Minnesota DWI and you need (or even think you need) help --- call the Rolloff Law Office today to get FREE Answers. Call: (612) 234-1165.