Tuesday, February 27, 2018

Minnesota's Marijuana Laws (Explained)

The laws surrounding Marijuana in the State of Minnesota are constantly influx.  While Marijuana has not been decriminalized in Minnesota --- the courts are open to favorable results if you and your Minnesota Criminal Defense Lawyer are properly prepared for court.  

Minnesota's Pot Laws

The following are the charges levied against subjects found with marijuana on their person in the State of Minnesota:

a. Possession of 42.5 grams or less: This is a Petty Misdemeanor that comes with a maximum $300 fine and possible enrollment in a drug education course.

b. Possession of marijuana above 42.5 grams up to 10 kilograms: This is charged as a Felony and comes with a fine of up to $5,000 and no more than five years in jail.

Being charged with a crime in Minnesota can be scary, even if it's a Misdemeanor for possession of marijuana. An experienced Marijuana Lawyer will be able to explain the situation, your rights and how you can go about getting the charges reduced or dropped.  Call the Rolloff Law Office to see up a FREE CONSULTATION today: (612) 234-1165

Friday, February 23, 2018

The Cops Never Read Me My Miranda Rights

One of the most frequent questions that I get, as an experienced Minnesota Criminal Defense Attorney, from clients is “the cops never read me my rights ... does that matter?” If you were in custody and were interrogated, then yes, it does.

Never Read My Rights (Think of it this way)

Were you in custody?

Generally, the courts have look to the following factors to determine whether someone is in in custody: police interviewing a suspect at a police station; the presence of multiple police officers; telling someone they are the prime suspect; restraining the person’s freedom; and pointing a gun at someone.  Courts have identified the following factors as someone not in custody: questioning at a person’s home; a suspect’s ability to leave at any time; a nonthreatening environment; police informing someone they are not under arrest; and the brevity of questioning.  While not one of the above factors alone will be determinative. Instead, the court will use a totality of the circumstances approach to determine whether someone is in custody. 

Were you interrogated?

A suspect may make a voluntary statement to the police or confess to a crime without any questioning at all. These statements may be admitted into evidence without a Miranda warning taking place, because no interrogation took place. But even if the police do not ask any specific questions, they may still not be coercive in their actions or words. The “the term ‘interrogation’ under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.”
In Minnesota, the rule isL “an interrogation is custodial if, based on all the surrounding circumstances, ‘a reasonable person under the circumstances would believe that he or she was in police custody of the degree associated with formal arrest.’”

What's Going to Happen?

Many arrests take place without Miranda ever being read to the accused. For example, in DWI cases, officers are generally only required to read someone their Miranda rights after they decide whether they are going to take an evidentiary test. Further, many traffic stops and offenses never trigger Miranda warnings. Thank Hollywood for the idea that officers are required to read Miranda for every arrest. Sadly, the remedy for a Miranda violation also often does not result in a dismissal, rather the remedy for a Miranda violation is the suppression of statements made after the violation and often evidence obtained because of those statements. So even if you were in custody and were being interrogated, and the cops did not read you your Miranda rights, then the prosecution may still move forward with its case if it has enough other evidence against you.

Still have questions - please feel free to Call The Rolloff Law Office --- for FREE ANSWERS: (612) 234-1165

Thursday, February 22, 2018

Welfare Fraud: Hernnepin County Crminal Charges

If you receive public assistance, you might receive benefits like compensation from the Supplemental Nutrition Assistance Program (SNAP) or direct cash assistance. To obtain these benefits you have to go before a social worker and discuss your case. Making any false claims during that visit could result in a charge for welfare fraud if your obtain benefits you don't deserve because of them.

Welfare fraud is described as making a false statement or misrepresenting your situation in a way that affects your eligibility. For example, if your spouse works but you do not, claiming that your home has no income since you have no income is a misrepresentation of your circumstances.  If this is discovered --- you could be charged with fraud.  And, you should speak to an experienced Minnesota Criminal Defense Attorney.  

That being said --- you must KNOW that you're committing a fraud to be convicted of it. For instance, if you ACCIDENTALLY inform the social worker that you brought in $10,000 in income last year but the true amount was $11,000, it might have been a simple mistake due to a misplaced pay stub or forgotten hobby income.  On the other hand, claiming you only made $1,000 when you know you made $10,000 is fraudulent.

Penalties for Welfare Fraud?

 If you get caught cheating the system, you will lose your cash assistance, subsidized child care or SNAP benefits for a period of time. On a first offense, you'll lose cash assistance and subsidized child care for six months, while you'll lose SNAP for a year. The penalties only affect the person who committed the fraud, not any other family members, which helps protect innocent parties from losing their benefits.Accusations of welfare fraud put your benefits at risk and could impact your life significantly. Always take your correct pay stubs and information to the social workers, so you are certain of the information you provide.

Need help with a Welfare Fraud case - call the Rolloff Law Office for FREE INFORMATION: (612) 234-1165

Tuesday, February 20, 2018

MN DWI Driver's License Revocations (Explained)

When someone is pulled over by law enforcement --- that traffic stop can result in major complications.  This is why it is important to speak to an experienced Minnesota Criminal Defense Attorney.

Drunk Driving License Consequences

If you have been cited for driving over the legal limit ... the authorities may be able to take your license for at least 90 days. You could also receive an automatic revocation of even longer ---  under certain circumstances, such as if your blood alcohol level tested above 0.16.

One's ability to drive a car plays a major role in many things --- including getting to work, appointments, school, etc.  So, losing your license (for months!!!) could endanger a lot of important goals you have.  

With this in mind, the whole idea about losing your license needs to be addressed quickly and correctly.    

Expericenced Driver's License Attorney

What happens in the time period right after a driver fails a blood alcohol test can have significant impacts in relation to the issue of license revocation. This is because the measures one can take (to try and protect their driving privileges when facing an automatic revocation) can have short deadlines and time-frames associated with them. 

Therefore, after being accused failing a blood alcohol test, you may want to discuss their options related to the issue of license revocation with the Rolloff Law Office as soon as you can.  Call today: (612) 234-1165

Sunday, February 11, 2018

Minnesota Domestic Assault Attorney

An investigation (and allegations) of domestic assault within the home may often lead to a criminal charge.  If you have been cited for as much, it is important to get information from an experienced Minnesota Criminal Defense Attorney.

Domestic Assault

In addition to criminal charges, a crime related to domestic violence could also result in the issuance of a civil restraining order. 

The law setting forth what constitutes the Crime of Domestic Assault --- explains that one has committed a misdemeanor if his or her intended action is to create fear of imminent physical harm or death in a family member.

Family Member 

According to the law a family or household members can include the following:
  • Spouses and ex-spouses of the defendant
  • Children and parents of the defendant
  • Any person related by blood, such as siblings
  • House-mates or past house-mates
  • Co-parent to a child of defendant
  • Pregnant woman if defendant is the alleged father
Also --- when someone is sexually involved with another ... that person is also considered covered family member for the purposes of domestic assault crimes.

It is also a violation if he or she purposely does exact or does attempt to exact bodily harm on someone in the family.

If you are looking for help --- please feel free to contact the Rolloff Law Office to get Free Answers: (612) 234-1165

Tuesday, February 6, 2018

Receiving Stolen Property (Explained)

If you have been charged with the offense of Receiving Stolen Property --- you should seek out come input from an experienced Minnesota Criminal Defense Attorney.  Even after you have read this post.

This offense is defined as: any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery.  In many respects, the accused are treated like those who commit Theft.  (Another crime that is similar to the receiving of stolen property is pawning of stolen property.)

What Can Happen

This crime can be charged as a felony, gross misdemeanor and/or a misdemeanor.  The penalty range is dependent upon the conduct and the amount of the theft. For instance, for certain felonies the defendant faces a maximum penalty of 20 years in prison and/or a $100,000 fine. But, if the value of the property stolen on the lower end --- the maximum penalty is 5 years in prison and/or a $10,000 fine.  Or -- if one is charged with a gross misdemeanor – the maximum penalty is up to one year in jail and/or a $3,000 fine.  And, if the value of the stolen property or services is less than $500, it is a misdemeanor and the defendant can be sentenced to 90 days in jail and/or a fine of $1,000.  Disregard these numbers --- if the act creates a reasonably foreseeable risk of bodily harm to another person.  If that's the case: the penalties described above are enhanced

A good argument --- if you have been accused of receiving stolen property is claiming that you were ignorant to the fact that it was stolen. The requisite knowledge and intent is critical to the case, and often may be difficult for the State to prove. Additional defense arguments center on whether the the accused had a claim of right to the alleged stolen property, and whether the State can prove the value of the property in order to meet the gross misdemeanor or felony thresholds for the criminal penalties. Most good theft defenses will require careful scrutiny by a Minnesota Theft Attorney and potentially an investigator to interview key witnesses. The end result is a well thought out and strategic defense that focuses on not only preparing a defense for trial, but also used to leverage an optimal plea negotiation.

 If you have been charged with Receiving Stolen Property (and/or Theft) in Minnesota, you need to consult with a skilled Minnesota Criminal Defense Attorney like the Rolloff Law Office.  The sooner you do this, the better your chances of gathering the information that could help to see these charges dismissed.  Call today: (612) 234-1165