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

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

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

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

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

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

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

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

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

Minnesota Prostitution Charges (Explained)

Law Enforcement Departments in Minnesota have increased their enforcement of Minnesota’s Prostitution Laws.   They regularly conduct STINGS on the internet, using phony advertising in Backpage for example.   These increase during conventions and events like the 2018 Super Bowl.   If you have been caught up in something like this --- you should contact an experienced Minnesota Criminal Defense Lawyer. 

What Is Prostitution in Minnesota?

Prostitution is defined as the act of engaging, agreeing to or offering to engage in sexual contact or sexual penetration for a fee. Prostitution is closely connected to solicitation, pandering, loitering with the intent to prostitute and sex trafficking. Some of the charges that you may be facing if arrested for prostitution include:

• Engaging in any sexual activity for moneyLoitering in a public place with the intent to prostitute;
• Induce (or solicit) an individual to practice prostitution;
• Promotes the prostitution of an individual (pimping);
• Receives profit that it is derived from the prostitution, or the promotion of the prostitution, of an individual of any age; and
• Prostitutes in a school or park zone.

Any prostitution charge/conviction is a serious criminal offense that should not be taken lightly. 

Whether you are the patron or the prostitute, you could be looking at severe fines and prison time if you are found guilty. If you are facing any accusation related to prostitution or solicitation, your first step should be to contact a qualified Minnesota Prostitution Lawyer.

If you are busted as a customer, promoter (alleged human trafficking) or as a person engaging in prostitution, it goes beyond the penalties.   There is embarrassment.   Further, there are often underlying chemical or emotional issues which the court will expect to be addressed.   You need an experienced Minnesota Criminal Defense Lawyer at your side during these difficult times.  

Contact The Rolloff Law Office for a confidential telephone consultation: (612) 234-1165. There is no fee until you hire us.  We represent individuals charged with prostitution throughout Anoka, Hennepin, Ramsey, Dakota, and Washington Counties.

Minnesota Juvenile Drinking and Driving (Explained)

In the State of Minnesota, the laws for Juvenile Drunk Driving differ from those for adults --- and all too often, the accused will not simply receive a slap on the wrist. 

Frankly, because these persons are still in the beginnings of their driving lives, courts - hoping to deter future offenses - often will come down hard.  This is why it is important to talk to an experienced Minnesota Juvenile Criminal Defense Lawyer. 

Minnesota’s Not a Drop Alcohol Law

Furthermore, for minors that have a higher blood alcohol content than just a trace, they will find that they face higher punishments. So those above the limit of .08 will have a higher punishment than someone with .02 and those with a blood alcohol content of .16 will face even greater punishments than that.

When it comes to minors and alcohol, there two primary laws that dictate what punishments they will face. While the zero tolerance policy of the state of Minnesota dictates they will be punished, these laws dictate what those punishments will be.

This law specifically targets juveniles that are below the age of 18 who get behind the wheel while under the influence. Punishments for violations of Vanessa’s Law include:

• They cannot obtain a license or learner’s permit until age 18
• Must pay up to $680 in order to receive the license
• Juvenile DWI drivers may also face extra punishments depending on the nature of the incident and blood alcohol content depending on the judge’s discretion.

If your child is still a minor, then the Not a Drop Law does not specifically pertain to them. This law advises punishments on those who are above 18 years of age, but below the legal drinking age of 21 years old. Punishments for violating the Not a Drop Law include:

• Revocation of driver’s license for up to 30 days or more
• Replacement with a limited or temporary license that has provisions to prevent further DWI incidents.
• Additional punishments may be added depending on the nature of the incident and the blood alcohol content at the judge’s discretion.

If you are in the Minneapolis area and need representation for an underage DWI or even for a DWI for those above the age of 21 years old, contact the Rolloff Law Office to see what we can do for you.  Call today: (612) 234-1165.

Pre-Charge Attorney Representation (Explained)

Often, after someone is arrested for a crime, there will be a delay --- before he or she is actually charged.  Too many people think that this is a time to relax --- a little. However, while you're doing that the prosecutor is probably busy (along with the police) building their case against you.  Therefore, I would strongly encourage you --- if you believe that a charge might be coming --- to contact an experienced Minnesota Criminal Defense Attorney.  . 

Believe me --- the government never rests.  To that end --- the time between an arrest and the first court hearing ...  an investigation is going on - ie., the police are preparing their evidence and the prosecutor is working hard to build as strong of a case as possible against you. 

What Should You Do?

Take advantage of the time that you do have to to be work hard - to build your defense.  While you can wait until charges are filed to get yourself a defense attorney, it will strongly benefit you and your case to invest in his advice --- before the charges are filed by the prosecutor. It may even help to see the matter dismissed. 

When to Get a Lawyer?

Ideally, pre-charge representation should begin at arrest. When the cops question you, what you say can strongly affect your case, and you should have a lawyer present to make sure your rights are flowed through and you do not say the wrong thing. One common tactic police will use is to ask you questions, and after you respond with silence, try to offer you a deal such as immunity to help get you to feel safe enough to talk. Yet, the scope of immunity can be as broad or as narrow as those who offer it wish to make it. You can be immune from one crime, but still charged with another. This is where a defense attorney comes in. They can help you understand the scope of any deals that may be offered.
After the arrest and the criminal investigation begins, before the prosecutor gets ready to file charges, this is where the real work of a defense attorney begins. This is the time when pre-charge representation shows its benefits. While the prosecutor is gathering evidence and creating a court strategy, your defense attorney will work tireless to predict their moves based on the facts and evidence of your case. After that has been done, it will be time to craft a counter defense strategy.

However, the biggest advantage of pre-charge representation is that they can uncover any missteps or case-breaking evidence which can be used to get the prosecution to drop the case before the charges are even filed. This can not only get you off the hook for any potential charges, but it can limit your future legal fees as well. While instances where evidence is uncovered that can cause a case to be thrown out is somewhat uncommon, by allowing your legal representation to work on your case before the charges have been filed, it gives them time to work hard towards winning it.

If you have been arrested or are under investigation by the police and it looks like they will press legal action against you, don’t wait to get a lawyer. The Rolloff Law Office can get going onyour case before any charges have been filed.  This can mean the difference between winning and losing.  Believe me --- no case is unwinable.  Call today - for a FREE CONSULTATION: (612) 234-1165

Sentencing and Gun Rights in Minnesota

Some info that you might need to know - about your right to own/possess firearms, from an experienced Minnesota Criminal Defense Attorney:

Charged with a Felony, but - sentenced as a Gross Misdemeanor

If you were charged with a felony but convicted of a gross misdemeanor, your Minnesota gun rights should not be affected. The federal government denies individuals the right to purchase, own, or possess a firearm if they have been convicted of a felony level offense. 

A “felony” is a crime punishable by more than a year in prison. However, even if you are charged with a felony, it’s possible that you will be sentenced in a way that makes your offense a misdemeanor or gross misdemeanor. In those cases, you may plead to the elements of a felony offense, but the judge imposes a sentence of 365 days or less. If that happens, your crime, by definition, is not a felony. 

Unfortunately for many in this spot, the federal government may not understand this when they see the conviction. It’s common for individuals to receive the benefit of a gross misdemeanor sentence but still receive a denial by the National Instant Criminal Background Check System (NICS). 

In fact, the language on the denial letter will state that you were convicted of a “crime punishable by imprisonment for a term exceeding one year.” Obviously, this is incorrect in these circumstances. Based on this obvious error, you would think that the process to overcome the denial would be simple. Unfortunately, that’s not necessarily true. 

Fortunately, there is a formal process for correcting the issue with NICS. However, because the process can be lengthy, it’s important that you work with an experienced Minnesota Gun Rights Attorney who deals with this regularly and knows the best way to present the appropriate information.

 If you believe you have been wrongfully denied when attempting to clear a NICS background check, contact the attorneys at the Rolloff Law Office to discuss your Minnesota gun rights restoration case. 

Minnesota Assault Laws (Explained)

The laws of the State of Minnesota divide the Assault offense into five degrees (or severity levels).  The consequences of a conviction can vary widely from a misdemeanor sentence all the way up to a felony sentence (of 20 years in prison and a $30,000 fine.) The degree for which someone is charged depends on a number of factors including one's prior record and the harm alleged to be inflicted upon the victim.

Believe it or not --- it is not necessary to hit someone in order to be convicted of the crime.  The main element in the crime is intent.  The government only needs to prove that you intended to cause fear in another of an immediate bodily harm or death.  If, after reading this information, you need more information: contact an experienced Minnesota Criminal Defense Attorney.  

Fifth Degree Assault --- Minnesota Statute § 609.224

The fifth degree offense is typically charged as a misdemeanor. It is the simplest form of the charge However, this crime can also be charged as a gross misdemeanor or felony if committed within varying time periods of a previous convictions.

Fourth Degree Assault --- Minnesota Statute § 609.2231

Fourth degree assault can be charged as a gross misdemeanor or felony.  A charge fourth degree charge is usually the result of an assault on a police officer or other emergency personnel.

Third Degree Assault --- Minnesota Statute § 609.223

Third degree assault usually stems from the victim suffering an injury defined as substantial bodily harm.  A third degree charge can also arise from certain bodily harm to a child under the age of four.

Second Degree Assault --- Minnesota Statute § 609.222

Second degree assault is usually charged when the offense involves the use of a deadly weapon.  The maximum penalty for a second degree offense is seven years in prison and a $14,000 fine.  However, if the offense resulted in substantial bodily harm the maximum sentence is raised to 10 years in prison and a $20,000 fine.

First Degree Assault --- Minnesota Statute § 609.221

When the victim suffers great bodily harm (i.e. an injury that creates a high probability of death, serious and permanent disfigurement, or the protracted loss or impairment of a bodily member).  First degree charges can also result from an assault on a police officer involving the use or attempted use of deadly force.  The maximum sentence for a first degree conviction is 20 years in prison and a $30,000 fine.

Consequences

A conviction for assault can have devastating outcomes.  Maybe you will get a jail sentence, maybe you will lose your professional license .. your right to possess a firearm, or maybe you will lose your permanent legal residency status if you are a non-citizens.  Also --- a conviction may impact how future conduct is charged.  Therefore, it is crucial to have an experienced defense attorney in your corner.  

The Rolloff Law Office will be happy to review your case with you and discuss the factors leading to the specific charge that you are facing and we can help to outline a strategy to obtain the best possible result --- based on your specific circumstances. 

Contact us today to set up a FREE CONSULTATION: (612) 234-1165

Should You Fight a Minnesota Speeding Ticket?

It’s what everyone hopes to avoid while driving: the dreaded “flashing blues” in their rear-view mirror, an indication that someone’s about to be pulled over. Hopefully it isn’t you. At one point or another, just about everyone drives faster than the posted speed limit. Generally speaking, traffic enforcement officers give motorists some latitude – allowing motorists to drive between 5 and 10 miles per hour faster than what’s allowed for – but anything more than that and a ticket is probably in your future.  If you have received a ticket --- speaking to an experienced Minnesota Criminal Defense Attorney. 
 
A  ticket has lasting effects. It can cause auto insurance premiums to increase for motorists who are convicted and attaches points onto the driving record. Get too many tickets, and it could result in a license suspension. 

Think About It

Generally speaking, most courts decide in favor of the police officer, typically because they have proof that confirms their observation. Furthermore, even if you think you have a compelling argument, there’s no guarantee that the judge will decide in your favor. Thus, you can wind up spending hours in court hearings and you don't get the result you want/need.  .

That being said --- having help (ie., a lawyer) can might be the best use of your time/defense to beat a charge and/or negotiate an outcome with the prosecutor to keep it off of your record. 

If you think spending a few dollars is worth the saving in the long-term. Call the Rolloff Law Office - our fees for citations start at under $200.  Call for FREE ANSWERS today: (612) 234-1165.

Unreasonable Search & Seizure (Explained)

Check your constitution. As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about illegal/warrant-less searches.  Here are some things you need to know.

According to the Fourth Amendment Act, validates the reasonable right of privacy to an area that law enforcement might need to conduct a search or a seizure. Therefore, premises such as homes and apartments are considered private, and as such the government must have a court-issued search warrant before they conduct any search. In addition to that, the permit must be valid, meaning there must be probable cause. This (in theory) should prevent the police from  carrying out random intrusions.   under the law.  Another requirement is that the warrant must meet --- it must have been issued by an unbiased judge and contain details on where the search will happen and what should be searched. The police cannot search an area that isn’t described in the warrant and therefore cannot seize the property in that area too. 

All too often ... police have probable cause (to search) when they respond to criminal activities, and they conduct searches without a warrant. These so-called "exemptions" to the Fourth Amendment include:

• When a person willingly consents to a search. Under these circumstances, law enforcement personnel don’t need to have a warrant present during the search. They assume the individual knows the extent of the Amendment Act. The act not only protects the people’s rights to privacy, but also prevents any property seized during the search from being used in court as evidence.
• If you get pulled over while driving, possibly due to a traffic violation, the police can search the trunk and any other compartments of your car without a warrant. 
• Vehicles get exempted because they are mostly mobile and criminals can use them to conceal weapons and drugs away from their premises. If the police confiscate your car, they are free to search without a valid warrant.
• When arresting an individual, they can search the property for any evidence of criminal activity. In this case, police have a warrant for arrest, or one gets filed against you, and police suspect that they might collect evidence of your criminal act on your premises.When police witness you committing a crime in plain view and make an arrest, they may search and seize any personal items you have on you. If any of these things link you to criminal activity, then they are admissible in court as evidence.
• Sometimes an officer may stop you and conduct an investigative frisk if they suspect that you might possess a weapon or might be dangerous.

What happens when your Fourth Amendment rights get violated? The law considers that the individual have a reasonable expectation of privacy and to feel secure in their premises from arbitrary government intrusion.  If you feel as though your rights have been violated --- you should contact The Rolloff Law Office.  We know about the exclusions to the Search and Seizure Act. If you need legal advice in Minnesota - contact us today: (612) 234-1165

Consequences of a MN DWI Arrest/Conviction

Getting a DWI is nobody's idea of a good time.  These are some of the things that might happen to you.  

Financial Consequences

In addition to the fine imposed in a conviction for a DWI there are a myriad of other financial consequences:

• Loss of job / loss of professional license — invaluable;
• Costs of alternative transportation — hundreds, maybe thousands;
• Vehicle Forfeiture; 
• License reinstatement fee — currently $680;
• Alcohol assessment fee — $300–$1,000;
• Probation / Jail fees — 100s;
• Increased automobile insurance costs — thousands over the course of the following decade;
• Increased life insurance premiums.

Administrative Consequences 

The following administrative consequences follow an arrest for DWI.  An experienced Minnesota DWI Lawyer can challenge these consequences in a civil judicial hearing that is independent of the criminal proceedings. The administrative consequences of a DWI have complicated and critical timing requirements.  A knowledgeable Minnesota attorney can help you navigate this process and avoid avoid these harsh administrative consequences.

License Revocation

Following an arrest for a DWI and/or a test failure or test refusal --- your drivers license will be automatically revoked. The revocation period will depend on variety of factors: (a.) your prior DWI history, (b.) your BAC, (c.) your age, or other aggravating factors. Depending upon your circumstances --- you may be able to obtain a limited license for driving to work, school, or abstinence based support groups.

License Plate Impoundment

License Plate Impoundment is a particularly harsh administrative penalty.  Depending on your history and the circumstances of your arrest, your license plates may be impounded.  Your plates may be impounded if:

• if the driver has a BAC of .16 or greater;
• if the driver has a prior DWI or alcohol-related driving offense within the previous 10 years;
• if there was a passenger under the age of 16 present in the vehicle; or
• if the driver was driving after his/her license was cancelled, regardless of alcohol impairment.

The vehicle used in the offense is subject to plate impoundment as well as any vehicles jointly owned by the driver.  “Whiskey” plates (plates beginning with the letter W) may be obtained (at an additional cost) if the driver(s) of the vehicle(s) has a valid license.

Vehicle Forfeiture

Vehicle Forfeiture is the most severe administrative sanction.  Under Minnesota law, a prosecutor may seize the motor vehicle used in the commission of a first or second degree DWI or test refusal, a DWI offense while the driver’s license is cancelled as inimical to public safety, or a DWI offense while the driver’s license is subject to a no use provision (B-card).

A vehicle can be seized immediately upon the driver’s arrest for one of the above qualifying offenses—regardless of whether the driver was the lawful owner of the seized vehicle!  Upon seizure the police must provide the driver and owner with a seizure notice.  Minnesota law presumes that the vehicle seized is subject to forfeiture.  In order to prevent forfeiture, the driver must take judicial action in civil court.

The administrative consequences of a DWI arrest are complicated.  A knowledgeable Minnesota defense attorney can assist you in avoiding or limiting these harsh consequences.

Other Consequences of a DWI Conviction

A DWI conviction may also result in the loss of a professional license.  And of course a conviction will make it more difficult to obtain employment—especially for any position that may require the use of a vehicle as part of your regular duties.

The Rolloff Law Office can help you evaluate your case and improve your odds of avoiding the harsh consequences of a DWI conviction.  Call today: (612) 234-1165.