Saturday, November 30, 2013

Hiring a Minneapolis Defense Attorney (Explained)

If you or someone you love has recently been arrested, accused or is under suspicion for any crime, then you’re probably going through one of the most frightening times you’ll ever experience. Don’t suffer without getting proper legal advice from an experienced Minnesota Criminal Defense Attorney.  

Why Hire a Lawyer?

The Rolloff Law Office is a Minneapolis-based Criminal Defense Attorney and Lawyer who can offer the right legal representation for the right price - for a whole host of situations.  

Don’t risk your credibility - your future - give a Minneapolis and Minnesota Criminal Attorney at (612) 234-1165.


The Rolloff Law Office has worked thousands of cases representing clients on any manner of matter.  With over 10 years experience in the legal court system, Jay Rolloff will provide you with compassion, dedication and personal legal advice when you need it most. He represents people Our clients facing:

• Violent crimes charges including assault, robbery and burglary;

• Sex crimes including criminal sexual conduct, rape;

• Drug offenses including possession of drugs, trafficking and transportation,sale of narcotics and manufacturing of drugs; and

• Other offenses such as DWI and DUI arrests, vehicular homicide, domestic violence. 

What's Next?
If you’re found guilty of any criminal offense you could face hefty fines, jail time, community service, mandatory counselling, loss of privileges or probation.

Even after you have served your time, you may have trouble finding work and accommodation with this black mark on your record – don’t let one mistake ruin the rest of your life.

There are several defense strategies to take when facing any offense. The Rolloff Law Office will assess your case, interview witnesses, consult with experts and determine the best defense tactics for you.

It is important to act fast when facing an arrest and criminal conviction.

Call today: (612) 234-1165

Sunday, November 24, 2013

Minnesota Under 21 Drinking and Driving (Explained)

Drivers under the age of 21--- who have been suspected of drinking/drugging and driving --- are subject to criminal penalties and other consequences, including: driver’s license suspensions. In the State of Minnesota, there is no tolerance for a person under 21 to have any alcohol in their system at all - when driving. This means the standard law that states a person cannot have a blood alcohol concentration (BAC) over .08 does not apply.  With this in mind, it is smart to contact a Minnesota Criminal Defense Attorney to assist with this dilemma --- because every arrest does not have to lead to a conviction.  

If you --- or your child -- has charged with underage Drinking and Driving and/or a DWI (two separate offenses) then you need a Minneapolis DWI Attorney who has worked with young drivers --- helping to avoid harsh consequences and to get back their suspended driver’s licenses.

The law in the State of Minnesota apply to drivers of all ages --- when it comes to DWIs. A person has to have an illegal substance in their body at the time they are driving the motor vehicle. Although alcohol is not illegal, it is when a person is behind the wheel of a car. The main difference in the law between drivers under the age of 21 and those that are 21 and over is the BAC content. 

Additionally, there are certain factors that apply to underage drivers that do not apply to drivers over 21. Those are:

Drivers that are 16 or 17 years old and charged with DWI are tried as adults and not juveniles. This means that they are subject to the same penalties and consequences as adults. However, they cannot be sentenced to adult correctional facilities.


Vanessa’s Law, named after 15-year-old Vanessa Weiss who was a passenger to a 15-year-old unlicensed driver, was killed in an accident. In 2004, the law went into effect and it states that anyone under the age of 18 and who is under the influence of drugs or alcohol must do the following:
  • Wait to obtain their license or permit until the age of 18
  • Pay up to $680 in fees before receiving their driver’s license
  • Pass a knowledge test before becoming a licensed driver
  • Complete a classroom driver education course
  • Hold their permit for at least 3 months before applying and testing for their license
Minnesota has a Not a Drop Law for drivers under 21, which means there is no flexibility for these young individuals at all. So if charged with an under 21 DWI, it is very important to call upon a Minneapolis DWI Attorney to help achieve the best outcome possible.

If you need help with an under 21 DWI or you have a child who has been charged, you are most likely experiencing fear for the future and a lot of confusion. The step to take is to call the Rolloff Law Office at (612) 234-1165 to set up a free consultation.  Get answers --- before you take another step.   

Tuesday, November 12, 2013

Minnesota DWIS (Mandatory Sentences)

The laws concerning driving while intoxicated (DWI) are quite strict in the State of Minnesota compared to other places in the nation. If you are convicted of a DWI, the judge has a great deal of discretion as to what your punishment will be. However, if you are a repeat DWI offender --- within a ten year period of an earlier convictions --- there are mandatory minimum sentences required by Minnesota state law that the judge must impose.  However, an experienced Minnesota DWI Attorney can help you avoid the worst of the worst.  

Mandatory DWI Sentences
It should be noted before we continue that in the eyes of the Minnesota DWI law, the term “in custody" can mean jail time, remote electronic alcohol monitoring (REAM) or home detention (EHM). 

The REAM program is primarily designed to keep offenders out of jail so they won’t lose their job. It involves random remote testing of the blood alcohol level through a breath analyzer. EHM is a type of intensive probation.

The following is a summary of the mandatory minimum sentences required for repeat DWI offenders:

Second Offense In a Ten Year Period

  • 30 days incarceration minimum;
  • At least 48 hours of incarceration must be served consecutively in a jail or workhouse; 
  • 8 hours of community service must be added for each day less than 30 days that the convicted person does not spend in jail.
Third Offense In a Ten Year Period

  • 90 days incarceration minimum;
  • At least 30 days of incarceration must be served consecutively in a jail or workhouse

Fourth Offense In a Ten Year Period
  • 180 days incarceration minimum
  • At least 30 days of incarceration must be served consecutively in a jail or workhouse

Even with these limits in mind ... there are ways around them.  Before you go to court, on a Minnesota DWI --- make sure that you have all of the information necessary.  Call the Rolloff Law Office to set up a FREE CONSULTATION - (612) 234-1165.  

Thursday, November 7, 2013

Minneapolis Juvenile Offenses (Explained)

If you have a child who has been arrested, you are most likely upset and confused - true?  I am sure you don’t want that child’s future to be compromised in any way. 

In all of this "bad" there is good news --- Minnesota’s courts actually focus on ensuring a better future for a juvenile offender by looking toward resolutions that include rehabilitation rather than just punishment. This is one reason why there are specific laws that apply to minors. These laws tell the courts to handle juvenile cases differently than adult cases.

An experienced Minnesota Juvenile Criminal Defense Attorney, can help you review your options, explain everything that you need to know  --- so that any decision you need to make are ones where you are fully informed.

What Can an Attorney Do?

Depending on the severity of the juvenile charge, a decision will be made as to which court the case will be tried in. It is possible for a juvenile to be tried as an adult if they commit what is considered an adult crime, such as murder. Since the penalties and consequences handed down in adult court will be adult level consequences, the juvenile would have to serve time in an adult prison. This is another reason why it is imperative to have a highly experienced attorney by your side.

What Kinds of Cases?

The Rolloff Law Office handles all types of juvenile crimes. While a child can commit any crime that an adult can, there are some that are more common than others. Those common types are:

  • Assault
  • Burglary
  • Vandalism
  • Theft and shoplifting
  • Terroristic threats
  • Probation violations
  • DWI
  • Drug crimes

As stated before, juveniles can be charged with much more severe offenses because they do commit them and they are accused of them. Murder/homicide and sex offenses are among those that can automatically move a child’s case to the adult court system. However, it does depend on the severity of the crime and whether or not the child is at an age where they should know better than to commit the offense that they committed because of its extreme nature. Whether or not the child can handle the consequences is also looked at because, if they can handle the crime, it is presumed they can handle the consequences. Your attorney will work with you and the child every step of the way to make sure the best result is achieved no matter how severe the alleged crime.

If you are the parent of a child who has been accused of a crime, one of the first things you should do is call an attorney. Getting a representative for your child --- you are taking a step toward preserving their future. And, while it may seem like the end of the road --- let me show you that it isn't,  To learn more about how the Rolloff Law Office can help you and your child, call (612) 234-1165 and set up a free consultation.

Wednesday, November 6, 2013

Shoplifting Lawyer - Bloomington, MN

Shoplifting, sometimes referred to as theft, is one of the most commonly prosecuted crimes in the State of Minnesota. 

Regardless of the circumstances surrounding your case, or the case of your loved one, it is essential that you understand that these are real charges that pose serious criminal consequences --- speaking to an experienced Minnesota Criminal Defense Attorney should be your first inclination. 


Theft charges and the penalties associated with them can range depending on the circumstances involved and the accused's prior criminal history. In any case, if convicted, you can expect fines, possible terms of imprisonment and a criminal conviction on your record. 

At the Rolloff Law Office, you can be confident that I apply every aspect of my experience as a former prosecutor --- as well as my dedication and legal knowledge --- when fighting for you and your future. 

Although shoplifting charges may seem an inconsequential or insignificant offense, these charges pose permanent criminal record issues that can negatively impact your future. 

If you or a loved one is facing allegations for shoplifting, I encourage you to schedule a free case evaluation to learn more about the ways in which I can aggressively and intelligently defend you. Call the Rolloff Law Office: (612) 234-1165

Sunday, November 3, 2013

Minnesota Speeding Ticket (Explained)

Every Minnesota driver is expected to use due care when operating a vehicle. This means, among other things, obeying all posted speed limits. A driver who exceeds the speed limit can be pulled over and fined.  If you have received a ticket --- and youwant to keep it off of your record --- call an experienced Minnesota Criminal Defense Attorney.  The money you spend now ... will be money you save in the future.  

Speed limits

In Minnesota Speed limits are usually designated by traffic signs. If no speed limit is posted, these are the lawful speeds at which to drive:
  • 30 mph in an urban area or on a town road in a rural residential district
  • 65 mph on non-interstate freeways and expressways
  • 70 mph on interstate highways outside the limits of any urbanized area with a population greater than 50,000
  • 65 mph on interstate highways inside the limits of any urbanized area with a population greater than 50,000
  • 10 mph in alleys
  • 55 mph in locations other than those specified above


The basic fines for speeding in Minnesota depend on how far over the limit the driver was speeding --- the maximum can be almost $400.  In addition to the fine, penalties for speeding/moving violations increase as more tickets are issued. 

A person’s driver’s license will be suspended for:
  • 30 days, if the person is convicted of:
    • Four traffic offenses within a 12-month period
    • Five traffic offenses within a 24-month period
  • 90 days, if the person is convicted of:
    • Five traffic offenses within a 12-month period
    • Six traffic offenses within a 24-month period
  • 180 days, if the person is convicted of seven traffic offenses within a 24-month period
  • One year, if the person is convicted of eight or more traffic offenses within a 24-month period.

Minnesota Speeding Attorneys

In all Minnesota speeding cases, the burden of proof lies with the prosecution to prove that the defendant broke the law by exceeding the speed limit. There are a number of possible ways to defend speeding violations. Perhaps the officer’s radar was improperly operated and gave an inaccurate result, or maybe the officer did not have sufficient training to use the radar gun. 

The Rolloff Law Office can analyze your case and partner with you to craft a strategy for successful defense and keep your speeding violations off of your permanent record.  Call today: (612) 234-1165.

Tuesday, October 22, 2013

MN Defense Attorney - FREE ADVICE

As a Minnesota Criminal Defense Attorney I get a lot of questions ... here are some of them and some answers you might want to consider.

Do I really need an attorney?

In most cases the answer is “yes”.  A Minnesota Criminal Defense Attorney can assist in gathering all the relevant information and witnesses, analyze the police reports for constitutional violations, and help you navigate through the procedures for hearings and a trial.

Should I give a statement to the police?

Everyone wants to be able to tell their side of the story... however, there is a time and a place for that (all too often) - at a trial.  Although the police may act sympathetic, they are not on your side and any statement you give can be used against you later.  Until that point, only tell your side of the story to your attorney.

What is the difference between petty misdemeanors, misdemeanors, gross misdemeanors, and felonies?

A Petty Misdemeanor is generally a traffic offense such as speeding and carries a maximum fine of $300 with no possibility of jail.

A Misdemeanor carries a maximum possible sentence of 90 days in jail, $1000 fine, or both.  Charges such as theft, Disorderly Conduct, and first-time DWI offenses are misdemeanors.  Jail time is rarely imposed for misdemeanor offenses, but it depends on the facts of the case and the criminal history of the defendant.

A Gross Misdemeanor carries a maximum possible sentence of 1 year in jail, $3000 fine, or both.  Charges such as Driving After Cancellation, theft of over $500, and second or third-time DWI offenses are gross misdemeanors.  Jail time is commonly imposed for gross misdemeanors and is required by statute in the case of DWI gross misdemeanors.

Felony sentences are prescribed by statute but carry at least 1 year and 1 day of prison time.  Charges such as controlled substance crimes, burglary, and fourth-time DWI offenses are felonies.  Some amount of jail time is almost always imposed for felonies. 

What if I am charged with a felony?

Felony charges are the most serious crimes in Minnesota and carry the largest penalties including a potential prison sentence.  These cases are rarely as simple as they may look and an attorney’s assistance is crucial. A felony sentence will also generally carry with it years of probation, intensive supervision requirements as part of that probation, and a requirement that you provide a DNA sample to the State. 

The officer never read me my Miranda Rights, am I off the hook?

Probably not, despite the widespread use of the Miranda warnings in pop culture, it is only required in a narrow set of circumstances.  If the police want to interrogate you while you are in custody, they must read you the Miranda warnings.  That statement is far more legally complicated than it looks – get an attorney to advise you whether a Miranda violation has occurred.

Do to the all too high costs of hiring a lawyer ... a lot of people will ask me --- Shouldn't I just try to handle this case myself?

Probably not --- and I am not saying this because I am a lawyer   Consider that, in the courtroom the judge is not on your side and cannot advise you how to proceed with your case.  The prosecutor is not on your side, in fact, he or she gets paid to convict you.  Therefore, you need someone on your side who can offer informed advice about how to proceed in your case.  Surely you would seek the expert help of a doctor when you are sick.  A criminal charge is no different – get an expert on your side.

Need more answers - call The Rolloff Law Office: (612) 234-1165

Thursday, October 17, 2013

Apple Valley Shoplifting Attorney

Theft is a term that encompasses various offenses. It is the defined as the act of taking services or property from another individual intentionally, and with the intent to deprive the owner of them permanently, without their authorization or consent.
Theft crimes can be categorized as felonies, misdemeanors or gross misdemeanors --- the of offense is typically determined by the value of the services or property stolen, the person you allegedly stole from, and whether the theft involved a dangerous item such as a weapon, explosive, or vehicle.
In Minnesota a theft charge may lead to harsh penalties such as hefty fines and imprisonment, mandatory counseling, community service, and paying restitution to the alleged victim. Moreover, since theft is viewed as a crime of dishonesty a conviction will make it very difficult to find employment and even housing.  This is why you should seek some professional insight from an experienced Minnesota Criminal Defense Attorney.  
Because of the seriousness of a theft/shoplifting charge, it is important that you have a lawyer with a proven track record in criminal defense help you.
The Rolloff Law Office has extensive experience and has had great success in defending shoplifting/theft criminal cases. 
Time and time again, I have won DISMISSALS and NOT GUILTY verdicts for my clients in Theft cases. 
Call me --- I'll explain the best defense strategy and how I will fight to win your case. You are presumed innocent. Just because you have been charged with theft does not mean you are guilty.
To protect your future, call The Rolloff Law Office  today: (612) 234-1165.

Wednesday, October 16, 2013

Minnesota Domestic Assault - Explained

A Minnesota Domestic Assault conviction can have serious consequences. Not only would one face the possibility of going to jail - such a conviction could also be used against you in a child custody dispute and/or divorce.  It could also cause you to lose your gun and hunting rights.  You could also be subjected to costly and intrusive treatment programs. If you or someone you love is facing such charges - you need to put up a fight ... and you should talk to an experienced, aggressive Minnesota Criminal Defense Attorney.  

How an Attorney Can Help

You really need an expert to examine the allegations and identify the best defense strategy for your case. A lawyer can help prove that the accusation against you is false and/or was made up in the heat of an argument, as retaliation, or to gain an upper hand against you in a divorce or other court proceeding. He can also rove you that you acted in self-defense or that you did not have the requisite intent to cause the harm.

Domestic Assault Information

According to Minnesota law, domestic assault is defined as either the intent of causing fear of death or immediate bodily harm upon another, or an attempt to inflict or the actual infliction of bodily harm upon another.

Domestic assault is assault on a family member or household member, including any of these relationships:

Parents and children
Spouses and former spouses
Individuals related by blood
Individuals who are currently living together
Individuals who have lived together in the past
Individuals who have a child in common
A man and a woman, if the woman is pregnant and the man is alleged to be the father

Domestic assault is considered a misdemeanor if it is a first-time offense or if the offender has had no convictions related to domestic violence in the past 10 years.

It is considered a gross misdemeanor if the offender has had one conviction related to domestic violence in the past 10 years.

Domestic assault is considered a felony if the offender has had at least two convictions related to domestic violence in the past 10 years. Penalties include up to 5 years imprisonment and/or a $10,000 fine.

Domestic Assault by Strangulation

By definition, strangulation is intentionally obstructing another’s blood circulation or normal breathing by putting pressure on the neck or threat, or by blocking another’s mouth or nose.

Domestic assault of a family or household member by strangulation is considered a felony. Penalties may include up to 3 years imprisonment and/or a fine of up to $5,000.

You are presumed innocent. Just because you have been charged with Domestic Assault does not mean that you are guilty. To protect your rights and your future, call the Rolloff Law Office at (612) 234-1165

Thursday, October 10, 2013

Minnesota Expungements - Explained

I probably don't need to say that --- having a criminal record can severely limit anyone’s ability to get a job or housing or (even) a loan from the bank.  Fortunately, there is a way to “erase” your criminal history. This is called “expunging” or “sealing” your criminal records. The easiest way to earn this relief is called a statutory expungement. This seals your judicial (court) records and your executive (BCA, police, etc) records.  If you have questions, you should contact a Minnesota Criminal Defense Attorney.  

It's Easy!

In order to qualify for a statutory expungement, one of three things must have happened. The most common is that the case was resolved in your favor. This means that your case ended with a dismissal by the prosecutor or court, a continuance for dismissal (or a continuance without plea), a diversion program, a not guilty verdict, or some similar resolution. In this situation, you are entitled to an expungement and there has to be a very, very good reason not to expunge your records.

Second, certain cases where a juvenile was prosecuted as an adult may qualify. And third, certain drug cases qualify when the case was resolved with a stay of adjudication pursuant to Minn. Stat. § 152.18, subdiv. 1. Unlike cases resolved in your favor, in these situations, you have to make some showing to the court that the benefit to you in sealing your records is equal to or greater than the disadvantages to the public and the agencies in sealing your records.

To go about sealing your records under this statutory authority, it is wise to have a Minnesota Criminal Defense Attorney assist you. Navigating the legal terminology can be difficult and overwhelming. You must submit an affidavit, a notice of motion and motion to seal, and a proposed order to seal. In addition, you have to serve every agency that will be affected by the expungement.

The hearing, which occurs at least 60 days after filing the documents, can be handled by your attorney. Your attorney will give you a waiver of appearance so you need not attend. At the hearing, the judge will review the reason for the expungement, determine if there have been any objections, and issue an order. Once the order is issued, there are 60 more days for the agencies to appeal the order. After that, your records are completely sealed!  

If you want more information about sealing your record, call the Rolloff Law Office today: (612) 234-1165.

Monday, September 30, 2013

Maple Grove Prostitution Arrest (Explained)

Being charged with solicitation of a prostitute is a humiliating experience that can be devastating to your reputation and family relationships. While the penalty for this crime can vary greatly depending on the circumstances, even simple solicitation charges deserve the attention of an experienced Minnesota Criminal Defense Attorney.

Prostitution and Minnesota Law

Under typical circumstances, the penalties for solicitation and prostitution are not as severe as other crimes. A first offense for soliciting a prostitute is a misdemeanor carrying a minimum fine of $1,000.  However ... if done in a public place, this may be increased.  Repeat offenders may also face a big fine and possibly jail.

Loitering with intent to either solicit or offer prostitution is also a misdemeanor. For those acting as prostitutes, a first offense is classified as a misdemeanor with a second or subsequent offense being elevated to a gross misdemeanor.

However, not all circumstances are considered "typical" and a charge of prostitution can do serious damage to a person's life.

Consequences (Beyond Court)

If you are here on non-immigrant visas such as an H1-B work visa, or are here illegally, the consequences of a criminal conviction go far beyond simply paying a fine or performing community service. You risk the revocation of your visa and possible deportation. With so much on the line, it is important to contact an attorney immediately to defend you.


Prostitution arrests frequently involve undercover operations or surveillance. This raises certain evidentiary issues that an experienced Minnesota Prostitution Attorney is best equipped to address. If police violated your constitutional rights in the process of an investigation, an experienced attorney may be able to obtain a dismissal of the charges.

Is Solicitation of Prostitution a Felony?

Under most circumstances, solicitation of prostitution is a misdemeanor or gross misdemeanor. There are, however, some instances when it can be a felony. This includes soliciting a prostitute under the age of 18.

Depending on the age, the penalty can be up to 20 years in prison. Moreover, knowingly housing an unrelated minor prostitute can carry a penalty of up to one year in prison and a $5,000 fine. Lastly, a prostitution offense that would otherwise be a gross misdemeanor can be elevated to a felony if committed in a school zone or public park.

While acting as a prostitute is generally only a misdemeanor, the penalties for those who promote prostitution are very serious. A person convicted of sex trafficking in the second degree — which includes recruiting, promoting or receiving profit from prostitutes — can face up to 15 years in prison. In cases involving minor prostitutes, the penalty can be up to 20 years in prison and up to 25 years if certain aggravating factors are present. In addition, trafficking across state lines can lead to additional federal charges.

The Rolloff Law Office understands how important defending your reputation is if you have been accused of solicitation or other prostitution-related crimes. With free initial consultations and evening and weekend hours, I am available when you need me to address your concerns.  Call today: (612) 234-1165.

Thursday, August 22, 2013

Minnesota Theft Crimes (Explained)

The laws of the State of Minnesota list a number of specific actions that, when committed, would constitute the offense of theft. To get to the bottom of this - read on - and consider calling an experienced Minnesota Criminal Defense Attorney.

Theft (Defined)

A person commits theft under Minnesota law when he or she: intentionally takes, uses, transfers, conceals or retains possession of property belonging to another, with the intent to permanently deprive the owner of the property

obtains possession, custody, or title to property or services by intentionally deceiving another person with a false representation files a false medical claim, finds lost property but makes no reasonable attempt to restore it to its owner
leases or rents personal property but fails to return the property or pay for the property, intentionally deprives another of a lawful charge for cable television or telecommunications service, or, takes or drives a motor vehicle without the owner’s consent. (Minn. Stat. Ann. § 609.52 Subd. 2.)

Classification of Theft Offenses and Penalties in Minnesota

Like many other states, Minnesota classifies theft offenses according to the dollar value of the property or services taken (and sometimes according to the type of property). 

Property Valued at Less than $500

The lowest level theft offense in Minnesota -- often called petty theft -- occurs when the value of the property or services stolen is $500 or less. A person who commits theft at this level will receive a sentence of imprisonment of not more than 90 days and/or a fine of not more than $1,000. (Minn. Stat. Ann. § 609.52 Subd. 3(5).)

$500 to $1,000

If the value of the property or services is more than $500 but not more than $1,000, a theft offense is punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $3,000, or both. (§ 609.52 Subd. 3(4).)

$1,000 to $5,000

When the value of the property or services stolen is more than $1,000 but not more than $5,000, a theft offense is punishable by a sentence of imprisonment of no more than five years, or a fine of not more than $10,000, or both. 

Theft offenses at this level also include:

  • theft of a Schedule III, IV, or V controlled substance
  • theft when the value of the property or services stolen is more than $500 but not more than $1,000, and the person has a conviction of a similar offense within the preceding five years, either in Minnesota or elsewhere, or
  • the property stolen is not worth more than $1,000, and is taken from a corpse, grave, or coffin; or is a public or court record; is taken during a riot or disaster; or is a motor vehicle. or court record. (§ 609.52 Subd. 3(3).)

More than $5,000

Where the dollar value of property or services stolen is more than $5,000, the offense is punishable by a sentence of imprisonment of not more than 10 years, or a fine of not more than $20,000, or both. Theft offenses at this level also include: theft of a trade secret, theft of an explosive or incendiary device, or, theft of a Schedule I or II controlled substance, other than marijuana. (§ 609.52 Subd. 3(2).)

More than $35,000

Finally, the most serious form of theft under Minnesota law is punishable by a sentence of imprisonment of not more than 20 years, or a fine of $100,000, or both. Theft offenses at this level include: theft of property or services valued at more than $35,000 when certain aggravating circumstances exist, which include fraud, deceit, or a vulnerable adult victim, or theft of a firearm of any value (§ 609.52 Subd. 3(1).)

For more information on how to defend yourself - even if you think you're guilty of Theft --- perform your own legal research or call the Rolloff Law Office to set up a FREE consultation  (612) 234-1165.  

Monday, August 19, 2013

What Will Happen in Court (Explained)

I understand that the optimal result for anyone charged with a crime is to see it dismissed or in the alternative to have a judge or jury find them not guilty.  However, there are those times - whether it's that the State's case is a strong one or a client just wishes to not have a trial  and to be done with the whole affair - that I am tasked with answering one of the most difficult questions an experienced Minnesota Defense Attorney has to hear: "If I (have to) plead guilty - is there anything that can be done to lessen how that will look on my record?"

How Do I Plead Guilty?

As a former prosecutor and as an experienced Minnesota Criminal Defense Attorney, I know that proper representation can have a huge impact on limiting the impact that a "guilty" plea will have on an individual's record.  Believe it or not, there are a number of alternative dispositions (short of a plea of a straight-up "guilty" plea) that are used to conclude cases everyday in courts throughout the state.  Some of these options include:

I.   Certification of an Offense as a Petty Misdemeanor 

The answer to the question: when is a crime not a crime - is when that crime/offense is charged as and/or reduced to a Petty Misdemeanor. According to statute,  petty offenses do not constitute crimes.  Therefore, if say the Misdemeanor you were initially charged with is later reduced to a Petty Misdemeanor - at any date in the future if you are ever asked if you have been convicted of a criminal offense - as it concerns that offense - you can truthfully answer "no."

II.   Stay of Adjudication

Under a stay of adjudication, an individual admits to facts in court that would support a conviction; however, instead of accepting the plea, a judge (after an agrrement has been reached with the government) withholds a finding of guilt, for a period of time, usually on the condition that that individual do (or do not do) certain things.  If you sufficiently comply with those conditions, the matter will ultimately be dismissed and the plea will be vacated.

III.   Continuance for Dismissal (and/or Without a Plea)

This outcome is similar in form to a Stay of Adjudication - insofar as the ultimate result could end up being a dismissal; however, instead of setting forth facts that would support a conviction, the government usually agrees to end its prosecution after a certain period of time - provided that the offender pays some prosecution/court costs and/or is not charged with any same or similar type offenses before that time period expires.

IV.   Stay of Imposition

For more serious offenses, like Felonies, an individual may plead guilty (or even be found to be guilty;) however, instead of sentencing him/her on said Felony - judges can stay imposition of the sentence for a period of time on certain terms and conditions. If the individual complies with those terms, their Felony "conviction" could ultimately be reduced to/designated a Misdemeanor.  As such, all the collateral consequences that go along with a Felony conviction should not be a factor in your life going forward.

V.   Diversionary Programs

Certain cities and counties have programs in place that allow individuals to avoid a conviction if they agree to participate and comply with the terms of these classes. An example would be if someone successfully completed traffic school - a moving violation would be dismissed.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

Wednesday, August 14, 2013

Minesota Order For Protection Lawyer

If you have recently been served with a No Contact Order ... like an Order for Protection and/or a Harassment Order, you should talk to an experienced Minnesota Criminal Defense Attorney.  Often these orders are unfairly obtained ... and if you don't fight it, you could be subjected to significant restrictions to your personal freedoms and criminal consequences.  

What You Need to Know

The NO CONTACT Order for Protection is available to the family and household members of the abuser. "Family or household members" means the following people: current spouses, former spouses, parents and children, persons related by blood, persons who are currently residing together, persons who have resided together in the past, persons who have a child in common, a man and a woman if the woman is pregnant and the man is alleged to be the father
persons involved in a significant romantic or sexual relationship

If the person abused is a minor, then the minor's guardian may bring the petition on the minor's behalf.

Why You Need to Fight

An Order for Protection is a cheap, quick, and easy way to obtain temporary custody, child support, spousal maintenance, and possession of the house and everything in it. It is a crippling blow to the one who gets the order, who must quickly deal with the immediate issue of finding a place to live and not having access to his residence, while the accuser is comfortably moving on to further stages of the custody battle.

Worse, once an Order for Protection is obtained, this document is repeatedly photocopied, flagged, highlighted, waved around like a red flag, and referred to in ominous tones at every opportunity by counsel for the “victim.” Whether rightly or wrongly issued, it creates a bad first impression and predisposition for any judge, custody evaluator, guardian ad litem, or other third person involved with the case.

Because an Order for Protection can be such a powerful weapon, it is often abused. Many allegations of abuse are wholly fabricated. Many are gross exaggerations. Any physical contact during an argument becomes an assault. Any vague comment about future possibilities becomes a “threat.” For example, a client once retained me in a divorce, who had previously had an OFP issued against him for telling his wife that she would come to regret her decision to pursue divorce. The spouse said that made her feel threatened. The Court bought it, and issued the OFP.  

Worst Case Scenarios

The fact that OFPs are so often abused has all too often really bad results, such as:

False abuse claims can result in great advantage in custody cases, to the harm of children, who suffer from the lack of contact with the other parent. I’ve heard more than one judge state from the bench that he must “err on the side of caution” and grant the OFP. (This is contrary to law and downright asinine, because it doesn't take into consideration the harm that the erroneously issued OFP will have on the children). Nevertheless, this attitude is all too prevalent on the bench.  


Legitimate abuse claims can and do get rejected by judges who are biased in the other direction, denying orders for protection in the belief that the abuse claim is a fraudulent attempt to gain advantage in custody proceedings, when in fact the abuse was very real.

What Should You Do?

If you should be so unfortunate as to become the Respondent in Order for Protection proceedings, where custody and parenting time of children is at issue, it is extremely important to retain an experienced Minnesota OFP Attorney as soon as possible, so that your attorney has as much time as possible to prepare for the OFP hearing, including to subpoena witnesses if necessary. OFPs figure largely in child custody cases, even when they’re issued on behalf of the spouse only and not the children. It is essential to defend aggressively against them.

One road to go down... if the OFP Petitioner has ever committed acts of domestic abuse against you, it is almost always advisable to bring a counter-petition for an OFP yourself, to be heard at the same time as the Petitioner’s case against you. This requires that you act very fast once you are served.  Honestly, if you are the victim of domestic abuse and need an OFP, don’t delay in seeking it, because if you do, your motives will be called into question along the lines of: “if you really were in fear, why did you wait X number of days/weeks/months to seek and Order for Protection?” Better to drop everything and bring your Petition for an OFP immediately after the abuse occurs.

Fire Arms

An often overlooked consequence of an Order for Protection is that the person restrained thereby may not possess any firearm for as long as the order remains in effect.  Violation is a federal felony offense punishable by up to 10 years in prison. So if you’re a hunter, this can be an important consideration.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

Monday, August 12, 2013

How to Keep a Speeding Ticket Off of Your Record

I get it --- If you can --- keep speeding tickets (heck - ANY tickets) off of your driving record, right?  Why? ... Well, we all know that your insurance company will use them as an excuse to send your rates through the roof. 

How to Keep a Ticket Off of Your Record

In Minnesota, there are a couple of different ways to do this ... with or without an experienced Minnesota Criminal Defense Attorney.  

The easiest is to request court supervision. Some Minnesota courts may allow you to use this option.  This means negotiating a resolution whereby --- as long as you get no new tickets the conviction won't show up on your record. In order to do this, you must do three things: (1) obtain an agreement from the DA, (2) pay the "fine" they assess, and (3) make sure that you get no new tickets of a same or similar nature.

The other way of "beating" a Minnesota Traffic Ticket is far less reliable: pleading guilty and trying to defend yourself against the charge. If you try to do this, it's important to make sure you have a valid defense-otherwise, you are wasting your breath. To help motorists examine the strength of their defensive strategy, the court's even provide a list of defense that will not be accepted:
  • "The sun was in my eyes."
  • "I was keeping up with the flow of traffic."
  • "My speedometer was broken."
  • "I did not see the sign." (Unacceptable unless the sign was not placed in accordance with state standards.)
  • "I was unfamiliar with the neighborhood and was lost." 

In fact, if you choose to plead innocent, you may be better of using the services of a Minnesota Traffic Ticket Lawyer. Such a person is much better prepared to argue your case than you could ever be. Lawyers know which defenses are likely the work and which won’t, and they have a better knowledge of the ins and outs of the court system than most people do. 

If you have ANY questions about what a lawyer can do for you - call The Rolloff Law Office to set up a FREE consultation.  Call (612) 234-1165.