Should I Hire a Defense Attorney? (Explained)

In the State of Minnesota there are four basic levels of offenses/violations: Petty Misdemeanors, Misdemeanors, Gross Misdemeanors, and felonies.  Here is some information on what those terms mean - in terms of possible consequences.  If you have additional questions, you should contact a Minnesota Criminal Defense Attorney. 

A Misdemeanor is the lowest crime you can be charged with in Minnesota.  (A Petty Misdemeanor ... due to the fact that no jail time can be assessed, among other rationale, is technically not a crime.  More information on this can be found here.)   A Felony is the highest level crime you can be charged with.  Unlike other jurisdictions, the State of Minnesota does not have different levels of Misdemeanors and Felonies.  As such, this means is that the terms encompass wide array of offenses.

Misdemeanors

A “Misdemeanor” refers to any crime that can be punished by up to 90 days in jail and/or up to a $1,000 fine.  That’s it.  That’s all it means.  If you say that you have been convicted of a misdemeanor, it doesn’t tell me anything, except that you’ve been convicted of a low-level crime.

Felonies

A “felony” refers to any crime that can be punished by more than a year in prison.  Like saying you’ve been convicted of a “misdemeanor,” telling me you’ve been convicted of a “felony” doesn’t tell me much.

Unfortunately, if you tell most non-lawyers that you’ve been convicted of a felony, they assume the worst.  One of the most unfortunate sets of crimes is the drug offense hierarchy.  The lowest level is a petty misdemeanor; possessing 42.5 grams or less of marijuana is a petty misdemeanor (not even a crime because you can’t serve jail time for it).  Possessing 42.6 grams of marijuana is a felony.  There’s no in-between.  There’s no such thing as a misdemeanor drug offense.  But you may never serve a day of jail time for either offense, and the fine may be the same $300 for each offense.  This is why telling me you’ve been convicted of a felony doesn’t tell me much.  But I’m a lawyer.  There is a huge stigma in the community about felonies.  This is largely based on not knowing things like this.

Similarly, a misdemeanor can be anything from a first-time DWI to theft to assault to certain prostitution offenses.  If you tell me you’ve been convicted of a misdemeanor, I need more information.

You are only going to get one, good chance to earn the right result for your case.  Do yourself a favor - contact the Rolloff Law Office to set up a FREE CONSULTATION before you do anything.  Call today: (612) 234-1165. 

MN Criminal Defense Lawyer (Explained)

Charged with a crime?  Your choice of an attorney is likely the most important decision you will make --- to earn the best result for your case.

What Do You Need to Know?

Likely by the time that you are charged, the reports will have been written ... statements from witnesses will have been recorded ... and examinations of the evidence - by investigators will have been completed.  The government's work is done.  Alas, yours is just beginning.  The next best decision - for you - would be to consult with an experienced Minnesota Criminal Defense Attorney to into the state's case and to work to seek the best possible outcome.  

What Can a Lawyer Do For You?


As a former prosecutor, my approach to criminal defense is a step by step process that has been demonstrated effective in achieving results such as though below.

First, we identify the inaccuracies and holes in the police reports.  This is essential for simply a basic understanding of conflicting facts, and where we have to go to demonstrate your version of events.


Second, we identify where the reports themselves fall short in describing the precise crime charged, and how evidence and statements were obtained.  This analysis forms the basis of motions to dismiss the case.  A case may be dismissed if the police reports themselves, even if believed, simply don’t add up to the crime charged.  In other cases, statements and evidence may be suppressed, meaning it can’t be used at trial, because it was unlawfully obtained or because it is not sufficiently reliable or consistent with other evidence.


Third, we conduct our own investigation if necessary to generate evidence which supports your story, what you know actually happened. One of the greatest powers a lawyer has is he ability to compel the appearance of witnesses at trial, or have them arrested if they do not show.

Fourth, we consult with the top experts in many fields of forensic study with whom Mr. Rolloff has cultivated close professional relationships.

Finally, we prepare for trial throughout the process.  Not every case goes to trial, but every case must be prepared for trial, or plea negotiations and motions have no teeth whatsoever.  Trial is the leverage which results in good resolution that keeps you free, keeps your record clean, or which results in dismissal altogether. 

Preparing a matter for trial involves more than just challenging the evidence in front of a jury.  The jury ultimately wants to hear a story, not a series of statutes and procedures.   

The Rolloff Law Office prepares your story in a compelling and believable manner, backed by all the force of law and evidence. This approach has been demonstrated advantageous for clients like those below.

If you want to learn more --- set-up a FREE CONSULTATION, call the Rolloff Law Office - today: (612) 234-1165

Hiring a Minnesota Criminal Defense Attorney - Part II (Explained)

If you believe you need an experienced Minnesota Criminal Defense Attorney to help you or your loved one, be smart about your decision. After reading this ... you may also want to consider the following:

Trust Your Gut

If you aren't comfortable with the Minnesota Criminal Defense Lawyer that you've consulted with try a different office. Believe it or not: you do not have any obligation to hire a lawyer merely because you met with him or her. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of the situation or the complexity of a case ... in order to entice someone into paying a huge fee, and then blame the judge or prosecutor when the promises they made don't come true.

Pay Lawyer or Public Defender?

People who are charged with serious, felony offenses, and many individuals who are charged with certain misdemeanors, may be eligible for a free lawyer - ie.,, the public defender.  This is based on an assessment of the defendant's resources to determine if the he/she will qualify for an appointment of a free lawyer. 

Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer --- this isn't always true.  Sure, some public defenders will prove to be insufficiently skilled or dedicated to their work to provide an effective defense --- but, you could find some private attorneys who are equally flawed.

One main difference ... "customer-service."  A private attorney is likely to have more time to involve themselves in your case --- able to answer your questions at any time/anywhere.

If you can hire an effective Minnesota Criminal Defense Lawyer you should not hesitate to do so. Not all lawyers are the same ... and prices vary widely.  Call the Rolloff Law Office to see if we might be able to help you: (612) 234-1165. 

Maple Grove Prostitution Arrests (Explained)

A number of hig profile Prostitution Arrests have made the news recently.  If you are looking for help with such a charge, you first call should be to an experienced Minnesota Criminal Defense Attorney.  Just because someone has been arrested - it does not mean that they will me convicted.  Here are some defenses to such a charge.

1. Entrapment Defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.

2. Lack of Probable Cause Defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for prostitution. This means an explicit offer to engage in sexual contact for hire must be reached and documented. If the prosecution cannot prove that such an agreement occurred, the defendant can use this defense. It will be left up to a judge to determine whether the state has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

3.  Due Process Defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. For example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.
Prostitution is often an embarrassing charge that most offenders wish to keep under wraps. The prosecution knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have a knowledgeable attorney to help you through the complex legal proceedings.

The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is addicted to prostitution, the best course of action is to seek help. Call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165. 

Minnesota DWIs (Explained)

A DWI or DUI is, for many people, their first and only encounter with the criminal justice system. Believe it --- even for a first offense - the stakes are high in every drunk driving case, and it's not just because of the threat of jail time or harsh fines. In the State of Minnesota, your driver's license will likely be revoked after a DWI arrest, severely limiting your mobility. This can spill over into every aspect of your life, from employment to relationships with friends and family. Under certain circumstances, the state may even take your vehicle. An experienced Minnesota DWI Attorney can provide you with aggressive representation.  Believe it or not, I get lots of questions about Drunk Driving consequences --- here are some insights.  

Driver's License Revocation

If you have been arrested for a DWI --- you have to act fast.  You only have 30 days from the Notice of Revocation to challenge the loss of your driver's license. This is called an Implied Consent Hearing and is a separate case from your criminal DWI case. If this is your first DWI, your driver's license is suspended for up to 90 days if your test result was between .08 and .15. If this is your first DWI and the test result was greater than .16, or you refused the blood, breath or urine test, your license will be suspended for 1 year. If you have a prior DWI within 10 years, or there are other aggravating factors, your driver's license may be suspended even longer. Depending on the circumstances, you may be eligible for a limited driver's license (work permit) or full driving privileges with the Ignition Interlock. 

Penalties
If this is your first DWI and the test result was greater than .08 and lower than .20, it is usually charged as a misdemeanor. This is a crime punishable by up to 90 days in jail and a $1,000 fine. A gross misdemeanor would be charged if this is your second offense within 10 years and is punishable by up to one year in jail and a $3,000 fine. The minimum sentence under the law for this case is 30 days in jail. A gross misdemeanor can also be charged if your test result was greater than .20 or if you refused the test. If this is your third offense within 10 years, although this is still a gross misdemeanor, it has a minimum sentence of at least 90 days in jail. A fourth offense in 10 years is a felony and has a maximum penalty of seven years and a $14,000 fine with a minimum sentence of 180 days.

Whether this is your first DWI charge or you have received a prior conviction, it is extremely important to contact an experienced qualified Minnesota Criminal Defense Attorney as soon as possible. You should also know that a DWI is an enhanceable offense, meaning that the penalties increase exponentially for subsequent arrests of a same or similar nature.

The penalties are harsh enough after a first offense, but if you have a prior DWI or DUI conviction within 10 years, you could be facing a mandatory jail sentence. At the Rolloff Law Office, we treat every case as if our clients' lives depend on it. Contact a qualified DUI attorney for a free consultation. We will give you an honest and realistic assessment of your case and help you decide how to proceed.

We provide aggressive representation for the following DUI and DWI defense issues:

Felony DUI/DWI
Aggravated DWI/DUI
Vehicle forfeiture
Snowmobiling while intoxicated
Boating under the influence
Implied consent hearing (license revocation)

And, I offer free Consultations.  Call today: (612) 234-1165.  

A Foolproof Way to Beat a DWI?

Driving while under the influence of alcohol is, by any reasonable person's account, dangerous. If you are under the influence and you choose to drive - you are at greater risk of being in an accident, being injured, and/or dying.  And, not only are you risking your own life and limbs - but your also endangering everyone else on the road with you.  

That being said, did you know that - that every single injury or death related to drunk driving is preventable.  Here is the one foolproof way to prevent drinking and driving.

Take the "D" out of DWI.

How do you do that? Here are some options.

1. Assign a designated driver. Have someone in your party who agrees not to drink be the only one who holds on to the keys and the only one who drives.
2. Take a cab. Trust me the cost of almost any cab ride - save for one that takes you from New York to California (and maybe even then) is going to cost less than a DWI arrest, in the long run.
3. Walk home.
4. Contract with a Designated Driver Service.  Not only do you get home safe - but if you've driven to the bar - your vehicle will too.
5. Get a room. As with the suggestion in #2 - the cost of spending a night in a hotel will be small - when compared to what you'll end up spending to defend a DWI and/or pay the fines, fees and increased car insurance if your ever convicted of Drunk Driving.

The DWI legal process can be a very daunting one. All too often, the people I talk to assume that just because they were pulled over by the police and charged with a DWI - that a conviction is all but guaranteed. This is far from the truth.

The first, best step you can take to ensure that you have a fighting chance to preserve your rights, understand your options - and even beat the charge - is to speak to an experienced Minnesota DWI Defense Attorney.