Minnesota Shoplifting Attorney

If you have been arrested or cited for Shoplifting – you may think the situation is bad.  However, don’t just give up and assume there is nothing to do.  You’re facing a possible Theft charge that can have devastating effects on your future.

In a shoplifting case, like any other, an experienced Minnesota Criminal Defense Attorney should look at a case from three ways:


1. Do you have any factual defenses?

Assuming everything in the police reports is true and accurate, does it all add up to the elements of the charge you’re accused of?  If you’re charged with theft, can they prove that you had the specific intent to steal?  How can they overcome whether or not it was an accident or mistake on your part?  I know these are subtle distinctions, but they are necessary elements of the crime the government must be able to prove beyond a reasonable doubt.

From there, we know that the reports are not always 100% accurate.  What in the report doesn't add up?  Are times, sequences or witness statements conflicting with each other?  Are there obvious errors in what happened that can be easily torn apart? When I consult with my clients, we review the facts of the case down to the smallest detail to see where the gaps in the case are.

2. Do you have any legal defenses?

Because most shoplifting cases involve a “private person’s arrest” (sometimes called a “citizen’s arrest”) by the store personnel, they are not necessarily under the same rules as the police.  Under the law of the State of Minnesota, they do have a right to detain a person they suspect of shoplifting.  If they search you, they don’t have to have a warrant or probable cause like the police do.  But that doesn't mean that they can do whatever they want.  The store loss prevention officers (a.k.a. security) must still act within the law and appropriately.  I have had cases where the loss prevention agents spied into dressing rooms – a clear violation of criminal law.  This can absolutely be used to our advantage in your defense.  Similarly, if the store security guards used excessive force, that can lead to a tremendous advantage to you either in negotiating your case or fighting it at trial.

From there, the actions by the police – Miranda warnings, searches or other police procedures can factor into how to defend your case.

3. If the facts and the law are against you, how can we best protect you?

Assuming the facts and the law are stacking up against you, what can be done?  Often, there can be alternative dispositions worked out, hopefully to avoid a conviction for a misdemeanor theft offense.  Diversion, deferred entry of judgment, reduction to a misdemeanor or non-theft related charge are all potential outcomes.  

Every case is unique, but by working with the Rolloff Law Office, well before your court date, there are things we can do to help put you in the best possible position for a good outcome in your case when we go to court.

Don’t wait until the last minute before you are due to appear in court.  Give call the Rolloff Law Office today to set up a free consultation: (612) 234-1165.  

Minnesota Expungements (Explained)

What is Criminal Expungement?

Criminal “Expungement” is the process of going to court to convince a judge to seal a criminal record. When a record is sealed, it does not show up in a criminal records search performed at the courthouse. An expungement does not erase your criminal courthouse record, but it prevents it from being viewed by the public.

What is my Minnesota criminal record and where is it kept?

Your complete Minnesota criminal record is comprised of all of the files and records of any crime that the State of Minnesota has filed against you. Each city, county and state law enforcement agency, prosecutor's office and courthouse keeps its own records. In addition, the Minnesota Bureau of Criminal Apprehension (BCA) has records of criminal convictions.

What type of criminal record information is public?

Typically, the information from your criminal record that is public includes the crime charged, the name of the court that convicted or dismissed the charges, the date of conviction or dismissal, a description of the sentence served and other details of the crime and court process.

Can employers check my state criminal court record?

Yes. In Minnesota, any person can search District Court criminal records at the county courthouse. An employer will most likely search the court records of the county where you live or work. Each county that is searched will have only the criminal records for that particular county. Another place that the public, including employers, check criminal records is at the Minnesota Bureau of Criminal Apprehension (BCA). Law enforcement agencies throughout Minnesota report information in their criminal records to the BCA. The BCA compiles this information into a "statewide" computerized record of criminal cases.

What types of criminal records can be expunged?

Records of serious crimes like murder and sex offender crimes are never expunged. Similarly, enhanceable offenses, like DWI, are not expunged. Less serious crimes may be expunged only if we can convince the judge that the benefits of expungement to you outweigh the disadvantages to the public. It is important to note that even when the court grants an expungement of a conviction, the records kept by some agencies, including the BCA, might not be sealed.

What if I was found “not guilty” or the charges were dismissed?

Even if you are found "not guilty" in a criminal case, you still have a criminal record. However, it is generally easier to expunge these types of criminal records. Similarly, if you never entered a guilty plea and you successfully completed a pre-trial “diversion program,” an expungement is more likely. A conviction (pleading guilty or being found guilty) is more difficult to expunge.

What are the chances of my petition for expungement being granted?

An expungement is never guaranteed. You need to do the paperwork and convince the judge that, on balance, the benefit of the expungement to you is greater than the disadvantage it would be for the public to not have access to your criminal record. This generally means you have to prove that: (1) you have been denied work, housing, or a professional license because of your record; (2) sealing your criminal record will not negatively affect public safety; and (3) you have rehabilitated yourself.

How long does the expungement process take?

In Minnesota, at least 63 days must pass between when your paperwork is mailed to the government agencies and when a judge holds the hearing to consider your request. If the judge grants the expungement, another 60 days will pass before the court actually seals your record.

If my criminal case is expunged, what happens to my court record?

A sealed state court record still exists but it is "invisible" to the general public. If the expunged crime was the only crime on your record, you will not have a court record that the public can see. Employers and the general public cannot see sealed records.

What about sealing the BCA and other agencies' records?

Under current Minnesota law, a state court judge can order the BCA and other agencies to expunge a dismissed case or a case in which you were found “not guilty.” However, if you were convicted, the judge generally cannot order the BCA and other agencies to expunge or seal their records.

If you are someone you love is looking for an Expungement, call the Rolloff Law Office today to set up a Free Consultation: (612) 234-1165.

Pleading Your Criminal Case in MN (Explained)

The optimal result for a person charged with a crime obviously is a dismissal of the charges or a finding of not guilty by a judge or jury. Oftentimes, however, the goverment’s case is strong, or the accused simply wishes not to have a trial. In these instances an experienced Minnesota Criminal Defense Attorney can play a pivotal role in limiting the impact that the resolution has on you.

Set forth here are some of the types of outcomes that an attorney can help you reach.

Certification as a Petty Misdemeanor

The defense attorney may negotiate a deal with the prosecutor where the offense is treated as a petty misdemeanor and then you will not have a conviction on your record.

Reduced Sentence

The length of the sentence dictates whether the crime is treated as a felony or gross misdemeanor. Therefore, a defense attorney could negotiate a deal where a person charged with a felony pleads guilty, but is sentenced to a year or less in jail. The conviction is therefore treated as a gross misdemeanor.

Stay of Adjudication

Under a stay of adjudication, the defendant admits to facts in court that support a criminal conviction, but the judge withholds finding the defendant guilty for a period of time on the condition that the person has no same or similar offenses and complies with conditions imposed by the court. If the person successfully completes the probationary term, the charges are dismissed and the plea of guilty is vacated.

Continuance Without Prosecution ("CWOP")

In a continuance without prosecution, the charges against a defendant will be dismissed after a certain period of time provided the defendant pays prosecution costs and is charged with no same or similar offenses. (CWOPs are similar to a stay of adjudication except that there typically is not an admission of fact on the record.)

Stay of Imposition

If you plead guilty or found guilty and the judges stays imposition of the sentence, a felony conviction may be dismissed and reduced to a misdemeanor offense if the defendant complies with terms of probation.

Stay of Execution

Execution of a portion or all of a sentence may be suspended for a period of time if the defendant complies with the terms of probation.

Diversion

Certain county attorney offices have diversion programs that allow a defendant to avoid a conviction if they agree to participate and comply with program terms.

The Next Best Step

There is no guarantee that your case will be resolved in the fashion described above. But, The Rolloff Law Office can help to put you or someone you love in a far better position to broker such an arrangement. Contact us today - (612) 234-1165 - to learn all of your options and how we can help you obtain a result that works for you.

Dear Potential Client...

I've been doing this long enough to know that someone who has been charged with a DWI and/or Drunk Driving has A LOT of questions.  Although no two cases are the same, the concerns by those that I represent are often quite similar.  As such, I thought I would take some time to offer a few thoughts on the three most frequently asked questions and/or concerns.  Hopefully, you'll not only better be better able to know what you need when you're considering hiring a Minnesota DWI Attorney - if you choose to retain The Rolloff Law Office, you'll know upfront what you're getting and what your money is going toward.

#1.  If You're Only Thinking About Price - You're Not Thinking Right

Believe it or not, the most expensive attorneys are not always the best attorneys.  However, when you only think about price - and you're dead set on going with the least expensive option - you often end up getting just what you pay for.  Understanding that, what's an individual to do?  

As a former prosecutor, I saw that too many defendants were overcharged and underserved by their lawyers.  That is why, when I set up my office, I looked at those things that were essential to defending my clients and I set my fees with that in mind. I like to say, I put my money where my heart was.  As such, if you visit my office, you're not going to see fancy pictures on the walls or fountains in the lobby - that stuff doesn't protect you or your family or your future.

That being said, I'm certaninly not the most expensive Minnesota Criminal Defense Attorney out there - but I'm not the cheapest either. 

Here is something to consider - the legal services provided by an experienced Minnesota Criminal Defense Attorney are not a commodity.  What one attorney does is unique to him or her - no two lawyers are the same.  Some are better than others, some actually answer the phone when you call and some actually take the time to explain what's going on with your case - and how that effects you.

Because we're not all the same - we all don't charge the same price. Like with professional atheletes, if you want a "Joe Mauer" you have to pay for that premium talent. But, that's not to say, you can't find a hardworking up and commer at a steal, who'll put his heart and soul into your case - and you'll know that your money was well spent. 

If you or someone you love has been charged with a Minnesota DWI and you're only considering the cheapest attorneys out there to help you - then you might not want to call me. But, that being said, if you want your hard earned money going entirely toward defending your future and your rights - with someone one who puts your questions, and your concerns 1st - then maybe we should talk.

Remember, a Drunk Driving conviction will be with you for a long time. In addition to the penealty imposed by the court, your driving privileges, employment opportunities, and ability to travel internatinally may also be impacted. In addition, there could be immigration and addional financial consequences to consider.  Therefore, when choosing an attorney to help you - focusing on the short term (ie., price) should not be your only consideration; you also need to consider the long term ramifications and how an attorney will assit you down the road.

#2 - I Can't Guarnetee That You'll Beat Your DWI Charge

Don't get me wrong, I believe that every DWI case can be won. But, because the government essentially holds all of the cards, and in their minds an arrest all but equals a conviction, victories don't come easy. What this often means is that, if you want to win your case - if you want to beat your DWI outright - you're probably going to have to dig in for the long hall and push the matter to trial (and even then, nothing is a given.)

I understand that time are tough, financially and otherwise.  The same goes for us Minnesota Criminal Defense Attorneys. For some, tough times, often call for desperate measures. 

Oh, the things I've heard about how other attorneys often try to get business - offering up any and everything to get a fee - by all but insuring that they will get their clients a NOT GULTY result.  Maybe they can back that up, but because my experience is that nothing in the law is certain, to me - it smacks of desperation.  And, the last thing someone facing all of the turmoil that often accompanys a DWI arrest needs is a representative who is desperate - who is only looking out for that next fee and who after getting their client's money does little in the way to have actually earned it.  Often, fee generation, and not what's best for their client is the number one motivator. This does not help you.

The reality of Drunk Driving defense work is that there is no such thing as a guarentee. Often the final result will depend on factors outside the control of even the best attorneys. Therefore, to get good results, you need a lawyer who will be willing to put in the time and effort to root out the weaknesses in your case - someone who'll put in the time and effort to get ytou the results you desire. 

It might sound corny, but I treat my clients like family - and like you, I'd do anything for my family.  But there are also those times, you need to "cut to the quick" and talk straight.  If you want someone by your side - figthing to get you the best possible result under the circumstance, and who'll tell you the truth no matter what - then maybe we should talk.  

3. Choose the Minnesota DWI Attorney Who Sent You that Mailer at Your Peril. 

There's a plan that Minnesota DWI Lawyers can buy into that daily checks out a county's arrest records and then sends out a letter to anyone who has been arrested for Drunk Driving.  These mailings usually try to scare the crap out of you - screaming that because of your arrest your life is ruined, telling you that you must act immediately to get help and asserting that (although they know nothing about the facts of your case) they can take care of evey aspect of your case and an unbelieveably low price.  

The lawyers that use this type of service arent bad guys, but I do question their tactics.  Fear, although a strong motivator, is not the best way to demonstrate the sort of care and compassion you need when facing this sort of dillema.  Also, I have an issue with the "low prices" often cited in these mailers. How can someone quote you a price without knowing a little something about your case, about your questions and about your concerns?  No two DWI cases are alike, therefore, how can someone - based on your arrest alone - know the things that are necessary to you and your case?  Somone who quotes you a price, without knowing anything about you and your case - in my humble opinion - is someone you should look out for - because odds are - they're not to keen about looking out for you.

Sure, lawyers need to advertise their services to be seen - to let people know what it is that they do. But if they are already playing to the lowest common denominators - before you even talk to them (price, fear, connections,) in my opinion, that's not a good sign.

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney and DWI Lawyer, to set up a free – no obligation - consultation.  Feel free to reach me in confidence at 612.234.1165 or jay@rollofflaw.com

DWI - Field Sobriety Tests - Don't do 'em

Field Sobriety Tests are commonly used by the police to ascertain whether a driver is "under the influence." However, to most experience Minnesota DWI Attorneys these controversial "tests" are fertile ground for debate in court - regarding what they don't demonstrate about an individuals level of intoxication.

As is common - when asked to do something by the police - most of us comply.  Maybe it's because we were asked nicely, or maybe it's because we don't want to be confrontational or appear to have something to hide. Irrespective of one's motivations, in more cases than not - based on the hundreds of DWI police reports I've read through - we're not doing anyone (but the cops) a favor if we submit to these roadside calisthenics.

As you will see in upcoming posts, one's chances of "passing" these tests (even when a driver is not over the legal limit) is often low - considering the conditions under which they're often administered. Plus, if you have been drinking - and the officer has already noted the odor of alcohol coming from you - it's just common sense that he or she is going to note any missteps during your taking of these tests as additional signs of intoxication, no? Remember, his subjective opinion is what will go into the police report - and that carries considerable weight when it comes to charging and prosecuting someone for Drunk Driving.

In the State of Minnesota, the option to take these tests is up to the driver. My advice, to anyone requested to perform them, is - as Nancy Reagan was fond of intoning - Just Say No! As with any criminal case, the burden is on the government to prove you're guilty. Knowing that, why would anyone want to give them additional fuel for their fire? Also, believe it or not - you cannot prove your innocent. If you submit to these tests, more likely than not, the officer is going to pay more attention to the problems with your performance than the perfection of it - and (either he or the prosecutor) is going to slant those missteps in such a way as to bolster their case against you.

Most likely if your reading this, the question as to whether you want to - walk the line, or stand on one leg has already been put to you and you've agreed. If that's the case, there are ways to work with that; however, for those of you a tad more fortunate, I hope you never find yourself in such a position, but if you do --- Just say no.

Remember, for questions like this, an experienced Minnesota DWI Attorney is always just a phone call away; use him or her to learn your rights and to minimize the evidence the government collects from you.