Tuesday, March 20, 2018

Minnesota Disorderly Conduct (Explained)

Disorderly conduct is the “one-size-fits-all” misdemeanor that appears to apply to a broad range of conduct, and is therefore subject to use/abuse by over-reaching prosecutors. As an experienced Minnesota Criminal Defense Attorney, I have represented many clients in Disorderly Conduct cases across the state. I have achieved dismissals in many cases.  Here is what you need to know - to get the right result.

The Law

To be convicted of Disorderly Conduct, in the State of Minnesota, the government must prove that a person did any one of the following acts.
  • Engaged in brawling or fighting.
  • Disturbed an assembly or meeting, not unlawful in its character.
  • Engaged in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
What You Should Do?
There are a number of defenses available to a person charged with Disorderly Conduct, and chief among these is the First Amendment, which guarantees every citizen a right to freedom of expression and speech. 
In a Disorderly Conduct case, a prosecutor must prove beyond a reasonable doubt that the person charged engaged in criminal, unprotected speech. This includes, for example, what the courts have termed “fighting words” (ie., words or gestures that are so insulting that it is likely to provoke an ordinary person to fight.)  In deciding whether certain speech rises to the level of “fighting words,” the court should examine a variety of factors, including the specific words uttered, the alleged victim’s ability to diffuse the situation through methods other than fighting, and other conduct by the perpetrator at the time of the incident.
If you have been charged with the crime of Disorderly Conduct, it may be the case that you did not commit a crime at all. The laws of the State of Minnesota allows for multiple defenses to this charge. The Rolloff Law Office is available to help you, and answer any questions you may have. Feel free to contact me for a no-cost consultation: (612) 234-1165

Monday, March 19, 2018

Do You Need a DWI Lawyer (Explained)

A charge of Drunk Driving in the State of Minnesota is not to be taken lightly. You could be looking at the burden of court appearances, a hit to your driving record, BIG fines and the possibility of jail.

If you or someone you love has caught a charge --- you should consider contacting an experienced Minnesota Criminal Defense Attorney to get the information you need. Driving under the influence is a serious criminal charge that may have ramifications on your future employment, housing and even education choices. 

How quickly do I need to consult an attorney if I’ve been charged with Driving Under the Influence? 

The sooner that you have an attorney running through the specifics of your case, the better they will be able to defend your legal rights and interests! The answer is as soon as possible. With DWI charges, there are multiple variables to consider as you craft your legal defense. 

Is this your first DUI charge or have you been arrested for DWI previously? 
Was anyone injured or was property damaged by your actions? 
What was your Blood Alcohol Content at the time of arrest? 
Is your charge related to alcohol or another substance? 
What other charges were associated with your arrest for driving under the influence? 

Know Your Rights

Knowing your rights is one of the most important steps toward having a fair trial. 

Did you know that you are allowed to record the entire exchange if you are being stopped, without having to ask the officer? If you have a smartphone, you can do this pretty easily once you’ve been stopped. Having this record can only help you. 

Did you know that law enforcement could still arrest you even if your breath sample is 0.000? The consequence for refusing to provide a breath sample is a 12-month driver’s license suspension as opposed to a 6-month suspension if you cooperate and provide a breath sample. 

Did you know that the State of Minnesota will try to use whatever you do in the breath sample phase against you whether you provide a breath sample or not? 

Don’t be caught off-guard with your future – consult an attorney immediately to help solidify your defense against this criminal charge.  Working with the Rolloff Law Office can ensure that none of your rights are ignored. If you’re being charged with driving under the influence in the State of Minnesota, contact us today: (612) 234-1165

Thursday, March 1, 2018

MN Marijuana in a Motor Vehicle Charge

As a Minnesota Traffic Ticket Attorney, I handle a lot of  moving violation cases.  What you need to know --- depending on the nature of the conviction that you could face ... not only might you have to pay a fine.  You could also lose your driver's license  One charge/conviction that leads to this outcome: a conviction for possession Marijuana in a Motor Vehicle.   

Under Minnesota Law, if you are convicted of possession of Marijuana in a Motor Vehicle, you will lose your driver's license and you could end up with a misdemeanor on your permanent driving/criminal record. 

This conviction, not only could effect your motor vehicle insurance rates --- it could also have an effect on future job seeking ambitions b/c prospective employers and insurance companies alike will be able to find the conviction with a simple background check.

Minn. Stat. §152.027, subd. 3 explains that:
A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Even though a matter may seem insignificant, it is important to speak to an experienced attorney to find out any unforeseen collateral consequences that could stem from certain moving violations.  Call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165