Minnesota Criminal Defense Attorney (How To)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney.  

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn't want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case.  

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.

Minnesota Criminal Sentences (Explained)

As a Minnesota Criminal Defense Attorney I get questions --- lots and lots of questions.  Here's one -about outcomes to criminal cases -- arranged from "best" to worst.

What are Some of the Different Types of Minnesota Criminal Sentences?

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): The state sets aside your case for a predetermined amount of time, and they dismiss the case after that period of time if you fulfill their conditions.
• Stay of Adjudication: The defendant offers a guilty plea to the court, but the court does not accept it. There is then a probationary period set with certain conditions. If the terms of the probationary period are met, the case is dismissed at the end of that period.
• Stay of Imposition: The defendant offers a guilty plea to the court which the court accepts, but does not impose the full sentence. There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
• Stay of Execution of Sentence: The defendant offers a guilty plea which the court accepts. The defendant is then placed on probation, with certain (or all) terms of the sentence are stayed (not given). For example, someone who is sentence to 45 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence: The defendant offers a guilty plea which the court accepts, and the sentence is imposed without any terms stayed. For example, someone who is sentenced to 30 days jail “executed” would actually have to serve that jail time.

Want to Know More?

Obviously, there's more to what goes on in court that can be set forth here.  If you have any questions about Sentences --- or anything related to your dilemma --- call the Rolloff Law Office today and set up an apointment for a Free Consultation: (612) 234-1165.

Minnesota Field Sobriety Tests (Don't Do 'Em?)

Believe it or not, Minnesota's Standardized Field Sobriety Tests are NOT a valid method for determining impairment --- due to drug or alcohol use.  Shocking - but true.  Ask any self-respecting Minnesota Criminal Defense Attorney - like me.

If you hold "other" beliefs - after examining the following questions - tell me if you have even the slightest change of heat.

Field Sobriety tests Are Meaningless 


Here are some simple questions that should demonstrate to any right thinking individual why those road-side calisthenics the cops have drivers go through are all pointless.

• Have you ever stumbled while walking?
• Did that stumbling mean you were drunk?
• If you can stumble while walking normally, what about when asked to perform the difficult and awkward task of walking heel-to-toe?
• (As a side note, does anybody actually walk this way?)
• What about standing on one leg?
• Is this something you practice often?
• If you stumbled does that automatically mean you are drunk?

The fact of the matter is that "not passing" these very difficult Field Sobriety Tests can be attributed to a number of factors. such as:

• Age
• Body weight/size
• Medical History - including any lingering leg or back injuries
• The type of shoes one has on
• Innate Clumsiness
• Nervousness

Despite everything set-forth above, the government (and judges) continue to place a lot of weight on these tests to determine intoxication.  As a result, many innocent people have been found guilty of M9innesota DWIs (especially DWI- where drug use is implied.

Think About it

Considering was been laid out here, this is why I suggest that (if you have been arrested for a Minnesota DWI) that consider hiring an attorney who is willing to fight the good fight - especially when it comes to is an Field Sobriety Testing - sop you can defend yourself against this "junk science" in court.  Protect your rights - contact the Rolloff Law Office today to get answers to your legal dilemmas.  Call:  (612) 234-1165.

MN Criminal Defense Lawyers (Affordable vs. Cheap)

How many of us can agree that  just because something is more expensive does not make it inherently better.  On the flip side ... then isn't it true that: something that is cheaper than a similar product is likely just as good, and therefore a better value?  Not always.

When I was in school, as you can imagine, I lived on a tight budget.  These restriction forced me to cut corners and to do without.  But, what I came to learn - especially as it concerned my love for a certain chocolate ice cream - the bargain basement/generic brand just couldn't/wouldn't cut it. This experience taught me a hard lesson about value vs. cost.

Now, I did eventually find a suitable substitute and often (still) purchase it instead of my favorite - earning me an nice little savings each time I pick up a pint at the grocery store.  So, it isn't that all generic ice creams are disgusting, but the first one I tried sure was. 

How does this relate to hiring an attorney?  Just like with cheap ice cream, it's all about finding a Minnesota Criminal Defense Attorney that both fits your budget and your taste.

What Should You Pay?

In a perfect world, money would be no object for people when choosing a Minnesota Criminal Defense Lawyer and they would be able to meet with many prospects - determining which one is the best fit for them, and then happily write a check for whatever the agreed upon amount for representation ends up being.  Unfortunately, that's not the way the world works.  Most people need to shop for bargains for everything from ice cream to shoelaces.  Picking a Minnesota Criminal Defense Attorneys should be no different.

However, that is easier said than done when you future's on the line - right?  Seriously, how do you avoid getting the sh*thead attorney and having to learn your lesson the hard way?  There are a few things you can do to "test" lawyers when you meet with them that can help you figure out whether they're inexpensive because they're bad or just because they're economical.

What to Consider

First, don't bring up price with a lawyer before you talk about anything else.  The last thing I want to hear from a potential client as soon as I answer the phone is "I'm just looking for a price for..."  What this tells me is that their plan is to call a ton of lawyers to find out which one will agree to do it for the least money.  I don't want those clients.  I believe that my rates are exceptionally reasonable, and I have even been known to cut folks a deal in certain situations, but a client that cares more about getting a good price than they do about getting good representation isn't one that I want to work with. 

Why?

Clients like that are often less interested in participating in their defense and are less likely to ever pay the reduced fee they are looking for.  Don't be that kind of client.  If for no other reason, bring up cost at the beginning of a consultation is not effective because most lawyers will want to hear what they're dealing with before they'll give you a quote.  Minnesota Criminal Defense attorneys know their services are expensive and cost prohibitive for a lot of people.  If your case is interesting enough, some lawyers may be willing to meet you in the middle on fees.  You'll never find out if they are open to that if you offend them by complaining about money right away.

Second, have good questions ready when you call or meet with an attorney.  Most lawyers won't have all the answers for you during an initial consultation.  That's what legal research is for.  They should, however, be able to answer your basic questions regarding the type of punishment you could face, potential defense strategies, and your case's strengths and weaknesses.  If you meet with a lawyer that doesn't seem to know much about your charge, that's a red flag.  All attorneys will say things like "I'll have to look this up" or "this is somewhat unique, so I'll have to look at some cases," but those shouldn't be the only answers they offer.  Look for an attorney who appears to be up on current laws, precedents, and techniques in the field.  Attorney's who aren't will spend a lot of time looking up basic questions, which in the end will end up costing you money in billable hours.

Third, be extremely leery of any lawyer who's quote is significantly lower than other lawyers you meet with.  If four lawyers quoted you between $2500 and $3000 for a certain case, be careful of the attorney who says he can do it for $1000.  Rates that low can be indicators of three things:

1) This lawyer is so new to the game that he or she has no idea what their time is worth.  While I don't think experience is all it's cracked up to be (experience is something older attorneys highlight, while younger attorneys highlight how hard they work and the attention they'll give you), you don't want someone handling your case who clearly has no idea what they're getting into;
2) This lawyer, for whatever reason, has so much trouble finding clients that when someone calls them with a case, they will agree to pretty much any fee arrangement just to sign the client.  Aggressiveness is a good quality in a lawyer; desperation is not.  An attorney that is so desperate to sign you to an agreement that they're willing to charge 40% of what everyone else charges for your case is an attorney you'll want to steer clear of; and
3) This lawyer charges so little because he or she takes any and every case that comes across his desk and deals with a HUGE volume of work.  I call this the Costco theory of lawyering.  Costco can sell goods at reduced costs because they buy and sell so damn much of everything.  Their profit margin on each item might be a little less than a smaller store, but the sheer volume of transactions make them on of the most profitable companies in the world.  The issue with Costco is that their products and service aren't always top notch.  The same goes for attorneys who overextend themselves.

What Should You Do?

Basically, you need to use common sense when hiring a Minnesota Criminal Defense Attorney, just the same as you need to when purchasing a car, house, or ice cream.  If you feel comfortable with a lawyer and they meet your budget, your search is over.  If you feel comfortable with someone but they charge more than you're really prepared to spend, you need to decide whether it's worth the extended cost to get representation you'll be comfortable with.  If someone is in your price range but doesn't exactly instill you with confidence in their ability to handle your case efficiently and effectively, you're probably better off continuing your search.

There's no doubt that finding the right attorney can be an arduous process.  Whether you've been charged with Drunk Driving, a felony, a misdemeanor, a traffic violation, or a juvenile crime, contact the Rolloff Law Office at (612) 234-1165 to get a FREE consultation and see what it's like to have someone on your journey with you. 

Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.

Minnesota 2nd Degree DWI (Explained)

A 2nd degree DWI is the second-most severe DWI in Minnesota. This offense is labeled a gross misdemeanor, which means it is punishable by up to 1 year in jail and/or a $3,000. In addition, a 2nd degree DWI carries a number of collateral consequences, including loss of driver’s license, impoundment of license plates (“whiskey plates”), and forfeiture of the vehicle used in the incident.  As such, more likely than not you're going to need some assistance.  My suggestion - contact a Minnesota Criminal Defense Attorney - ASAP.

Why Were You Charged With a 2nd Degree DWI?

A 2nd degree DWI occurs when someone drives, operates and/or is in control of a motor vehicle at a time that he is intoxicated (usually with BAC over 0.08) and there are "other" aggravating factors. These may include: prior DWI convictions, driver's license revocations premised on alcol-related arrest, having a child in the vehicle at the time of the arrest and/or having a BAC above 0.20. If two of these factors are present, then you will be charged with second degree DUI.  Additionally, a DWI test refusal with one aggravating factor will also result in a second degree DWI.

What are your options?

A second degree DWI is a very serious charge.  Not only can it result in jail time, the loss of your driver's license and the forfieture of your vehicle - you may also be required to pay numerous reinstatement fees and higher insurance rates to become a valid driver again.

What Should You Do?

Retaining a good Minnesota DWI lawyer is usually your best option when facing a charge of this nature. The Rolloff Law Office has represented many individuals facing charges of this nature - and worse.  If you or someone you love needs help, call today: (612) 234-1165 or email me jay@rollofflawoffice  to set up a free consultation and learn all about your defenses.

If You Think You Need An Attorney ... (Explained)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney. 

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn’t want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case. 

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.

Minnesota Domestic Assault Charges

Domestic violence is one of the ugliest crimes, because it occurs between people who are supposed to love and respect one another.  Often, it can be used as a form of manipulation and control, leaving long-term scars on its victims, but unfortunately unfounded allegations of such activity can have lasting effects on the falsely accused.  If you've been charged with Domestic Assault - you need to be aware that this is a serious matter that could lead not only to a fine and jail time - but could also have life long impacts on you and your freedoms.  Therefore, if you were planning on represent yourself, you may want to reconsider.

Experienced Minnesota Criminal Defense Attorneys who specialize in Domestic Assault cases are usually skilled negotiators and often a good deal is better than taking one's chances in front of a judge or jury. I've worked hundreds of cases like this - from both sides of the aisle.  I know what needs to be done - and why - to earn my clients favorable outcomes. 

The Next Step

If you or someone you love has been charged with Domesti Assault you should have an experienced Minnesota Criminal Defense Attorney by your side to talk you through this often difficult process. Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.

As a former prosecutor, I am quite aware of how these cases are handled. Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to do-it-yourself --- well, you do so at your own risk. 

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case. Call today: (612) 234-1165.

Minnesota Jury Trials (Explained)

As any experienced Minnesota Criminal Defense Attorney will tell you --- very few criminal cases ever proceed to trial.  The fact of the matter is either someone is clearly guilty of the offense and will settle to get a good deal. Or the government's case is so poor that they'll decide to dismiss or put such an appealing offer on the table that even an innocent party will feel compelled to take it, after weighing the "worst-case-scenario" outcome they could face if the prosecutor got lucky.  That being said, you know who else has "issues" about jury trials?   Judges do.  After more than a decade of working with them, I think I finally understand why.

1.

There are two main reasons judges dislike jury trials: When a lawyer becomes a judge, they are idealistic and proud to be in this noble system of justice. Yet, over time, they grow frustrated with results beyond their control. After presiding over thousands of cases, they start to develop an opinion about what is "right". While judges get to sentence people and tell lawyers what is right and wrong in Drunk Driving, Assault and  Theft cases that plead out, they have no control over the issue of guilt or innocence when a jury is involved.

I believe that (at some level) judges resent this loss of control and develop something of a complex. They like being in charge - and when a case's decision is up to a jury they become somewhat resentful because it denies them the control they crave. 

2.

The second reason? Calender control. The judge's calender is a delicate science - bordering on art. As our society erodes from the consequences of our moral promiscuity ... crime soars. This increase means that each judge is required to handle more cases. Adding many new cases a week, over time, creates an unmanageable docket. This time crunch could force judges to cut corners if they don't want to work around the clock -  and jury trials are time hogs

A judge can conduct a court trial, without a jury, in a third the time it takes to do a jury trial. There are many procedural steps a judge must ensure with a jury. Juries can't hear certain evidence. Juries must constantly be instructed on the law. The list goes on and on. Jury trials simply take a lot of time. In a world where judges don't have time, they look for ways to cut corners and be more efficient - even at the expense of defendants. Judges can do this in every area except jury trials. As such, jury trials become time hogs and judges may come to resent them.

What This Means to You.

The downside of this trend is that if a defendant forces his case to a jury trial, the judge could well hold it against that person at sentencing - if they lose. As an example, a case which might have settled for straight probation if concluded as part of a plea agreement, might cost the guilty defendant some jail, if not prison, after a jury trial. However, there is also a benefit to this judicial trend. Since judges hate jury trials, they are becoming more accepting of generous plea bargains. That is good for defendants.

What Should You Do?

If your case has the potential to go to trial, be smart and increase your chance of success by exercising your right to remain silent, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your future.

Minnesota Expungements (Explained)

In difficult economic times, having a clean criminal record is more important than ever. Someones criminal history may affect their efforts to find employment, rent an apartment, obtain a bank loan, obtain certain licenses, and/or receive government benefits.

Due to changes in technology, information about an individual's criminal history is easily available. These records are no longer necessarily private - stored in some basement filing cabinet.  Rather, they can often be accessed with just a few clicks of one's mouse over the Internet.

What is Expungement?

Expungement is a legal process that permits qualified individuals to have their criminal records sealed or destroyed.  If you have questions about this process - and what you can do to earn an Expungement - your first, best step should be to call an experienced Minnesota Criminal Defense and Expungement Attorney. 

Statutory Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain, limited circumstances. Essentially there are two types of Minnesota Criminal Expungements: Statutory and Inherent Authority.

Statutory Expungement  

Statutory Expungement is available in very limited circumstances, specifically: (1) When someone has had certain controlled substance offenses dismissed and discharged; (2) for certain juveniles prosecuted as adults; and (3) for certain criminal proceedings not resulting in conviction.  Often, these conditions do not "fit" most individuals circumstances; therefore, there is also the Inherent Authority option.


If you qualify for a Statutory Expungement and want to proceed with the process, you must formally petition the court. If your petition is successful, the court will issue an order sealing the records and prohibiting their disclosure to the public - except in certain limited circumstances. The Expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Expungement

As things currently stand, an "inherent authority of the court" Expungement is probably the least attractive option, but (as set forth above) it is often the only remedy available to most people who pled guilty or were convicted of a criminal offense.

The factors that the court uses to decide this type of Expungement includes, but is not limited to, the severity of the crime, how long ago it occurred, whether you have had any other problems with the law, if you have been rehabilitated, and the reasons for seeking the Expungement. Ultimately the court must weight the individuals need for the relief that an Expungement affords versus society's need to maintain accurate records of criminal convictions.

What Can You Do?

The best way to ensure that you are eligible for an Eexpungement is before you plead guilty to a crime. The cornerstone of my practice is the work I do to resolve cases so that my clients are eligible to clear your record in the future.

If you have been charged with a crime and want to obtain a result that will allow for the possibility of future Expungement, or have a previously resolved case and are interested in an Expungement, you need an experienced legal advocate to fight for your rights. To learn more, contact the Rolloff Law Office, today, at (612) 234-1165.

Minnesota Obstruction of Justice Charges (Explained)

If it's one lesson that's been drilled into most of us since we were kids it is that you do what a police officer tells you to do.  If you don't you're risking any and all manner of consequence - immediate and possibly over the long hall.  (Many of you, I'm sure have seen what can happen to individuals who resist the request/demands of a peace officer.  Often, it isn't pretty.  It can also lead to additional criminal charges.)  If you or someone you love has found him or herself facing this dilemma, you first, best step should be to contact an experience Minnesota Criminal Defense Attorney. 

The act of obstructing justice takes on many forms. In Minnesota, the law defines it as --- interference with the work of law enforcement, including peace officers, prosecutors and federal authorities.  Examples include:

•  Escape;
•  Fleeing A Police Officer In A Motor Vehicle;
•  Warning A Subject of Police Investigation;
•  Witness Tampering; and
•  Interference With A Dead Body

What Are  You Going To Do?

Have you been charged with obstruction of justice? I can help.  First as a prosecutor, and since as an experienced Minnesota Criminal Defense Attorney, I've handled thousands of cases - and I will fight to protect your rights. Contact the Rolloff Law Office today for a free consultation.  Call me (612) 234-1165 or go to www.rollofflaw.com and submit your inquiry through our online consultation formlaw.com

Minnesota Probation Violations (Explained)

Within my practice, I am regularly called upon to help former (and new) clients in Probation Violation proceedings. While there are a million different reasons why a person can have their Probation "violated," these charges tend to fall into one of only a few categories.

 

In other words, a person will most often face a Probation Violation for one (or more) of 5 reasons:

1. Missing a urine or other chemical test
2. Testing positive for alcohol and/or drugs
3. Missing a Probation appointment, or just stop Reporting
4. Picking up a new case, or
5. Not completing some condition of Probation, like community service, counseling, or paying all outstanding Fines and Costs.

Anyone who gets "violated" knows, in the pit of their stomach, that the Judge is not likely to be happy with them. After all, "Probation" specifically means "not in Jail." Even if a person is given an initial Jail Sentence, they had to have been Sentenced to less than the maximum possible Jail term in order to have any Probation left to do. Thus, Probation stands in as a substitute for Jail. And when facing a Probation Violation, the first and biggest concern is staying out of Jail.

Everyone has their reasons for "violating" Probation; however, a person has to understand that from the Court's point of view, this all boils down to the simple notion that a break was given, and the person apparently didn't live up to their end of the bargain. This is, understandably, frustrating to the Judge.

That being said, there are certain Courts that seem to "load up" on the Conditions of Probation. While no one ever wants to face a Violation charge, some people feel like they knew it was going to happen sooner or later, especially when they walked out of Court wondering if Jail wouldn't have been easier than having to do all the things that they feel were dumped upon them.

Who Violates Probation?

There are 2, and only 2 classes of people who wind up in front of a Judge for a Probation Violation: 

1. Those who voluntarily come to Court to resolve the matter, and
2. Those who get picked up on an outstanding Warrant.

Once a person receives Notice of a Probation Violation, they either show up to take care of it, or they avoid it. Of those who avoid it, most are heard to offer all kinds of excuses if they subsequently get picked up by the Police and are taken in for the outstanding Warrant. From the Judge's perspective, all those excuses offered by someone standing before them in handcuffs for not having come in on their own, and all those stories about planning to come in and set the matter straight are like the "wah wah wah" noises made by Charlie Brown's teacher; just noise.

 

However, and no matter how bad things might at first appear, a person inevitably gets some credit just for showing up on their own to take care of things, even if they've been avoiding the Violation for a long time. After all, Judges are people, too. If you just switch places with them, in your mind, for a moment, you can see how anyone would be more inclined to be kinder to the person who voluntarily presents themselves over the person who gets caught and has a bag full of excuses (invariably seen as a bag full of B.S.) about why they haven't taken care of this yet, and how they were planning on doing so, but got picked up first.

How A Lawyer Can Help

Unless there is a really good and provable reason why the Violation should be legally dismissed, an experienced Minnesota Criminal Defense Attorney is going to have to swing into "sales" mode - and he better be good (like the type who can sell ice to Eskimos, or water to fish) because being persuasive is about the only thing that stands between the person and a jail cell.

Your lawyer has to first explain to the Judge, in the best light possible, how or why you failed to comply with his Order. Part of this is knowing the difference between an explanation and an excuse. A person will have to explain, for example, how they had to work late and missed a urine test. That will never count as an excuse, in the sense that it will simply excuse the miss, but that beats the heck out someone saying "I was out on some friends boat, and we got all caught up partying, and I just forgot."

Then, your attorney has to present options to the Judge in terms of what to do. At the point where a person has, for lack of a more delicate way to put it, squandered the break given by the Judge, the Judge will be hard pressed to start looking for ways to be sympathetic and lenient and give another break. If you were the Judge, you might just figure that a couple of weeks in Jail will do the trick. And it sure would, but we want to avoid that, at all costs. Jail is a quick and easy decision, it seems appropriate for a Violation of Probation and, to the Judge's thinking, it only makes the person pay the price they were spared by being given Probation in the first place.

Therefore,your lawyer has to convince the Judge that the quick and easy decision IS NOT the best one. This involves a lot of considerations. From my point of view, one of, if not THE most important of those considerations is that the Lawyer needs to know what to say and how to say it to the Judge.

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The larger point is that NOT going to Jail is more likely if a lawyer knows how to handle these matters - someone who does not waste a judge's time and knows how to be persuasive. There is a time to be argumentative (during a trial, for example) but arguing with a Judge at this critical stage is a losing strategy in every sense of the word. Thus, even though certain attorneys might be the best person around to defend someone in a murder case, that same guy may be the last person to hire for a Probation Violation.

What Should You Do?

You've read what I've written on this subject.  Hopefully it's straightforward and does not simply drone on with the worn out and tired old lines about being "tough" and "aggressive?" If you think I'd be someone you'd like to work with - call me.  To get the full measure of the man, you have to (in my opinion) stand before him and be able to assess as to whether you can trust that person with your future. 

Call and meet with me today.  The Rolloff Law Office - (612) 619-0262. 

Minnesota Domestic Assault (Explained)

If you have recently been charged with Domestic Assault, more likely than not you've have come all too familiar with the acronyms - DANCO, OFP and/or HRO.  Although all have there differences, the bottom line with each of these court orders is STAY AWAY.

What Are These Things?

• OFP stands for Order for Protection;
• HRO stands for Harassment Restraining Order; and
• DANCO refers to a Domestic Assault No Contact Order.

  

How Do They Work?

Almost anyone can go to court and ask for either an OFP or an HRO.  (The other "no contact" order, the DANCO, is usually issued only by a judge as a part of a matter involving Domestic Abuse - preventing the individual charged does not have contact with the alleged victim while the case is pending.

  

OFPs and HROs are very unique and powerful orders.  They are unique due to the fact that a Court can (and often does) grant them without a hearing or even notice to the other party. Granted, the individual who is subject to the "no contact" order can ask for his/her day in court - but that process is highly time-sensitive and can be quite complicated.  Moreover, if an order is granted against you and you violate it - you could be subject to criminal charges.  This is why it is essential you speak to an experienced Minnesota Criminal Defense Attorney. 

  

Often, someone requests an OFP or HRO for their own protection by filing a motion with the court and submitting an affidavit that alleges unwanted contact or hear of harm.  If the court decides that that individual has met initial burden to show that domestic assault or harassment occurred, the court will issue the appropriate order and direct law enforcement to serve the order.  If the party on whom it is served, that person can demand a hearing, put his or her side of the story into consideration, and then ask the judge to decide whether or not the order should continue, be dismissed, or modified in some way.

Why You Should Be Concerned.

  

Many of these orders, if granted by the Court are quite powerful. Even the slightest violation is subject to criminal penalties and prosecution.  And, depending on what sort of criminal history the party charged has, the slightest slip-up opens that person up to charges that could be as serious as a Felony. 

  

What Should You Do?

What you've read here is a very general background on these orders.  If you or someone you love is the subject of one of them - or worse - has been alleged to have violated one, you should have an experienced Minnesota Criminal Defense Attorney on your side to talk you through this often difficult process.  Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.  

As a former prosecutor, I am quite aware of how these cases are handled.  Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to go it alone --- well, you do so at your own risk.  

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case.  Call today: (612) 234-1165.

Minnesota Domestic Assault (Explained)

The laws of the State of Minnesota define Domestic Violence as the use of threats of intimidation and physical, mental, and emotional abuse - and can also include kidnapping, harassment, stalking, and even threats of violence.

Understand this - Domestic Violence takes a toll on not only the victim, but everyone involved as well.  If you or someone you love is facing charges for Domestic Assault, you need to get to an experienced Minnesota Criminal Defense Attorney to talk about preserving your rights and your future.

Why You Need a Lawyer

There are many complications and legal issues that arise when an individual steps forward as a victim of domestic violence. Having an experienced Minneapolis Criminal Defense Attorney by your side when faced with a Domestic Violence charge is very important.

There are various degrees of Minnesota Domestic Violence; they involve different levels of alleged abuse and whether one has been convicted of a similar-type offense in the past --- and they each have varying consequences.

Defending Accusations of Domestic Violence

An individual who is being accused of Domestic Violence may be barred from their own residence or communicating (or being in contact) with their family, spouses, or children.

Understand this, it is vital (if you're under investigation for Domestic Violence) that you get in contact with a lawyer right away.  You should also refuse to provide a a statement or speak with law enforcement officers before you have spoken with an attorney.

You can exercise your right to remain silent - you are under no obligation to talk to the police.  In my experience, doing so does not help - rather it tends to harm, greatly. Remember that if you are convicted, it will not only be a permanent mark on your record, but you may have to serve time in jail and/or pay a large fee.

What You Should Do

The Rolloff Law Office understands how emotionally stressful  situations such as these can be. My goal is to ensure that all evidence is correctly gathered and that my clients’ rights are protected. Let me put my experience as a prosecutor to work for you - getting you the outcome you want.  Call today (612) 619-0262.

Minnesota DWI Myths - Part 3 (Explained)

There are myths and then there are MYTHS.  Here are some of the most common misconceptions regarding Minnesota DWIs that I'm often called on to respond to.
 
1. Sucking on pennies or using mouthwash will help lower your blood alcohol concentration result.
WRONG: Sucking on pennies or anything else that is copper will have no effect on your blood alcohol concentration (BAC) result. As far as mouthwash or breath sprays go, these substances can actually inflate the amount of alcohol found in BAC results, not lower them. Both of these substances contain low amounts of alcohol that an advanced breathalyzer may be able to pick up.

2. You must take the Field Sobriety Tests.
WRONG: While the police are not required to tell you this, in the State of Minnesota, the law does not require that you perform any type of test, including a Field Sobriety Test. However, you should know that if you do refuse to perform this test, the officer will most likely arrest you. You should always take in your surroundings and consider whether or not you are able to successfully pass a field sobriety test before you out right refuse.

3. Field Sobriety Tests are always an accurate measure of a person’s BAC level.
WRONG: Even the National Highway Traffic Safety Administration has said that people, even when they are sober, have difficulty correctly performing field sobriety tests. Several factors such as nervousness, fear, fatigue, weather conditions, leg/foot injuries, etc. can all have an impact on the results of a field sobriety test.

4. “Alcohol on the breath” is a reliable sign of alcohol intoxication.
WRONG: One fact that many people don’t know about alcohol is that it is actually odorless. What people are smelling when they perceive alcohol on the breath is the smell of the ingredients often included in alcohol. For instance, the breath of someone who has been drinking O’Douls Non-Alcoholic beer will smell the exact same as someone who has been drinking Budweiser. Therefore, breath odor strength estimates are completely unrelated to a person’s BAC level.

 What Should You Do?

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Minnesota Criminal Defense - Top 10 Constitutional Rights

With all apologies to David Letterman... these are (IMHO) the 10 Most Important Constitutional Rights you and I have.  If you or a loved one is facing criminal charges, it is imperative that you understand that you have rights. The paramount one being the right to retain a Minnesota Criminal Defense Attorney. The accused is guaranteed the right to legal representation, whether the attorney is appointed for him or he hires a private attorney.

10.    Right to an attorney;
  9.    Right to effective assistance of counsel;
  8.    Right to cross examine and confront witnesses;
  7.    Right to testify on one's own behalf;
  6.    Right to remain silent;
  5.    Right to a speedy trial;
  4.    Right to use courts subpoena power to compel witnesses to testify;
  3.    Right to a jury trial (in most cases);
  2.    Right to an impartial jury; and
   1.   Right to produce evidence on your behalf.

Hmm... that seemed funnier when Letterman did it.  But seriously, these things are important.  If you find yourself charged with a crime you owe it to yourself to at least talk to an attorney about your options - and learn how a conviction could impact you both in the short- and long-term.  Court, judges, prosecutors --- this is all serious stuff.  Don't go it alone.

If you need answers to your legal dilemma, feel free to call the Rolloff Law Office at (612) 619-0262 to set up a free, no obligation consultation today. 

Minnesota DWI Myths - Part 2 (Explained)

There are myths, legends, tall tales and there are truths.  When it comes to monsters and whatnot - such stories are probably okay. But, I guessing that when it comes to you and your future - not so much - right?  Seriously, there are a lot of stories out there about DWI arrests.  Some are not so true, some are purely false and others ... I call myths.  As an experienced Minnesota DWI attorney, I've heard them all.  Today, I expose the myth and set the truth straight.

1.  If I am convicted of Drunk Driving, and I lose my license, I can get a restricted license.

Yes, and no. Believe it or not a conviction is not required to have one's driver’s license revoked for a period of time. In nearly every case, the Minnesota Department of Public Safety can, and does, revoke driver’s licenses without requiring a court conviction of an offense of Driving Under the Influence. In fact, should your blood, breath or urine test at (.08) or greater, your license will be automatically revoked without your ever having had appeared in court or before a judge. Know this too, even if your are ultimately acquitted of DWI (or the criminal charges are dismissed) your license revocation may still stand, since the procedures and rules of the DPS operate independently of the court system. Further, a restricted license is only granted under certain circumstances and specific times.  Each case is different.

TIP: By challenging a license revocation, your attorney can have some control over when your license will be revoked, rather than when the DPS or the arresting officer says it will happen.

2. Even if I am convicted of a Minnesota DWI, because of my excellent driving record, I will probably get probation, and not have to go to jail or do community service.

Your excellent driving record really won't amount to much - when it comes to an arrest for Drunk Driving.  No probation is possible, but in most jurisdictions every person who is convicted of such an offense must serve at least 2 days in jail, or must perform some form of community service. Often there are no exceptions.  And we're only talking about a 1st offense.  If you're on your 2nd or 3rd DWI - the mandatory minimums are much more onerous.  No exceptions, unless you agree to enter a long and costly alcohol rehabilitation program.

TIP: If you consent to treatment or some other form of rehabilitation you maybe able to reduce some of the often allotted periods of jail and community service.  As a former prosecutor, I know what the prosecutor and the judge would like to see on the record before they agree to leniency.  If you're looking for a break - you need someone to go into court and get it for you.

3. If I am stopped and arrested for DWI, I am as good as convicted.

This is an all-time favorite of mine because it hits upon a maxim I learned all to well as a former DA: All arrests do not lead to convictions.  Despite the attitude of many courts and prosecutors, there are defenses to the crime of Drunk Driving which should be raised by you or your experienced Minnesota Criminal Defense Attorney.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to "fudge" their interpretation of what lead to a DWI arrest.  Also, many of these same officers are just not qualified to administer the tests you're asked to take and/or they make mistakes when doing so. Now, if you just fall on your sword and plead guilty, you have a 100% chance of being found guilty. However, i you are willing to fight for your rights, and to contest the government's case, you will have the best chance of a satisfactory outcome.  (And get this, more often than not the outcome for for the arrestee does not get worse because they want to challenge the government ... so don't be afraid to stand up for yourself!)

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

What You Should Do!

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pepto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Call the Rolloff Law Office today to set up your free consultation.

No Means No? DWI Refusals (Explained)

A charge of DWI - Test Refusal is in many ways a lot like an arrest for Drunk Driving.  However, the crime isn't driving while intoxicated; rather, the offender is charged with refusing to submit to a test of their blood, breath or urine - at a time in which law enforcement has probable cause to believe they were driving drunk.

The difference may sound minor - to anyone but a lawyer - but the outcome quite serious.  Under the laws of the State of Minnesota, an officer can require someone to submit to a DWI test if the he has reason believe that the individual was driving while under the influence of alcohol.  This is Minnesota’s Implied Consent law.  (Believe it or not, by driving on a public roadway in the state you automatically consent to submitting to such a test if law enforcement proper cause.)  Refusing to take this test is a crime, which is often more severe than a regular DWI if you had in fact just agreed to the chemical test.

Why is a Refusal Worse than a Drunk Driving Arrest?

Initially, Test Refusal was a more lenient charge than a Drunk Driving - under certain circumstances.  However, those that came before us burned that bridge by refusing tests (to receive lower consequences than if they had taken the test) at a rate that caused the powers that be changed the law to make it equal to the most severe DWI you can receive under the circumstances.  Therefore,  today is very little incentive to refuse the test.


If it's a Crime, Why Do Individuals Still Refuse?

The most common excuse I've seen for not submitting a sample of one's blood, breath or urine for testing is because they're confused about the request in the first place.  If you've read this blog, you know that I often advise individuals to not talk with the police and refuse their requests for things like searches, providing statements and the like in order to protect their rights.  However, refusing a DWI test has the exact opposite effect - it imposes severe criminal liability. 

Prior to seeing the required sample, this is laid out quite clearly by the officer seeking submission to the test - when he recites the Implied Consent Warning.  However, that warning fails to explain that you also quite likely opening yourself up to harsher consequences than if you'd have go through with the test in the first place.

How Do You Fight This Charge?

Law enforcement can require submission to a test only if they have probable cause to believe that you've been drinking and driving.  So, the best way to avoid a charge is to prevent creating probable cause - don't drink and drive.  That being said, I am sure if you're reading this that ship has passed.  If you've been cited for Refusal - you need the assistance of an experienced Minnesota DWI Attorney. 

Not only will they fight to preserve your rights and your future.  They also will be able to discern whether someone actually refused.  That's right - often these cases come into being not because someone says "no" to the test - but rather because there are times that an officer assumes such a response.  If that's the situation in your case call The Rolloff Law Office today at (612) 234-1165.  I believe I can root out the holes in these assumptions and in turn get you the best outcome possible.