Hennepin County Disorderly Conduct (Explained)

Disorderly conduct is often referenced (and used) as a catch-all for any random, disruptive criminal activity, activity that disrupts the public peace --- and pisses-off a cop. That being said, being charged with this offense can have lasting repercussions ---- and you should get some FREE ANSWERS from an experienced Minnesota Criminal Defense Attorney.

Disorderly Conduct (Explained)

If you are charged with disorderly conduct, you could have been doing any number of things. While this crime covers many activities, it is prosecuted with targeted focus by the State of Minnesota.


You may have been in the wrong place at the wrong time or caught up with the wrong group of people. Perhaps you don’t feel you did anything wrong --- but instead are being found guilty by association. This is why you should talk to The Rolloff Law Office.
The Laws & Penalties


The offense of disorderly conduct can apply to many incidences. It is considered a misdemeanor and is thereby punishable by up to 90 days in jail and $1,000 in fines.
 
You may face charges of disorderly conduct if you:

• Make loud or disturbing noise near residence or public buildings that causes unreasonable distress to the people occupying said building,
• Direct abusive language or gestures at someone, knowing that those words or gestures are likely to provoke a violent reaction,
• Disturb any lawful assembly or meeting with the intent to disturb,
• Disrespect or defile the American flag or cause others to do the same, or
• Obstruct a sidewalk, road, or street with the intent of preventing its lawful use by others. 

Charges like these are doled out in many circumstances and all too often because another law doesn’t apply. If you are facing this charge and you wonder what you did to deserve them, contact The Rolloff Law Office  to discuss your case today --- and what can be done to keep it off of your record.  

All criminal charges should be taken very seriously by the experienced criminal defense attorneys that handle them. I am a former prosecutor ... I know you are going through a difficult time with this case and I want to be the one to help.  Call today: (612) 234-1165

Scott County Domestic Assault Attorney

Have you or someone you love been accused of domestic violence?  All too often this means that they have have been accused of causing a family or household member bodily harm. If this is the case - understand that: There are very serious consequences that one could experience if he/she is found guilty --- including: jail time, fines, and a criminal record that follows you for the rest of your life.

If you have been accused of domestic assault, it is important to work with a Scott County Criminal Defense Attorney who puts your best interests first. 

WHY HIRE A LAWYER?

Unfortunately, there are times when domestic assault allegations arise out of other conflicts. Perhaps there is a divorce going on or there is a child custody battle. It is unfortunate that there are such cases, which makes it even more important to defend yourself against the charges.

If convicted, the conviction will most likely negatively impact any battle for child custody and could have an influence on the divorce. If convicted of domestic assault, you could also be subject to an order for protection, which could affect your ability to see any children you may have or how you see them.

Violating an order for protection is an offense in itself. If it is violated, you could be looking at time in jail.

Other consequences of a domestic assault conviction include anger management courses, counseling, and probation. Avoiding as many of the consequences as possible is why you need a Minnesota Criminal Defense Lawyer by your side every step of the way. 

Even if there is some merit to the charges, you can still have a much better future than you would have if you didn’t effectively defend yourself. Sometimes charges can be inflated and that means paying penalties that are harsher than what you should have to pay. By using the facts in your case, a fair outcome can be had.

WHAT NOW?

Domestic assault is aggressively pursued and prosecuted in Minnesota because of what can potentially result if legitimate cases are allowed to continue. 

If you have been accused of domestic assault, whether the charge is legitimate or not, you need the experience of a qualified criminal defense attorney to protect your interests. To learn more, call the Rolloff Law Office at (612) 234-1165.

Miranda Rights (Explained)

As an expreined "Miranda Rights" refer to some of the rights that are contained in the 5th amendment to the U.S. Constitution. The Constitution consists of the preamble, seven articles, and then a series of amendments. The preamble is familiar to most people: "We, the people, of the United States of America, in order to form a more perfect union…" 


The first ten amendments to the US Constitution were adopted at the same time, and these first ten amendments are known as The Bill of Rights, because they involve rights that the authors of the Constitution felt were important enough to spell out individually and specifically. These rights are guaranteed to every U.S. citizen against the U.S. government - which acts through police, or any other government agent or agency. 

Minnesota Attorney-Client Privilege (Explained)

Did you know that if something you say can be overheard by anyone other than your lawyer, what you are saying can be used against you in a court of law? Did you know that certain emails are not automatically confidential – even if you’re sending the e-mail to your lawyer? 

The attorney-client privilege is a powerful tool that becomes available to you from the moment you first consult with an experienced Minnesota Criminal Defense Attorney about your case; the privilege becomes more protective and comprehensive as soon as you hire your attorney. 

What is it?

The attorney-client privilege basically states that anything you tell your lawyer in the course of your lawyer’s representation of you is confidential and cannot be revealed by your lawyer to anyone without your consent. 

When Does it Apply?

The attorney-client privilege also applies to all information relating to your representation, whether provided to you attorney by you or by any other source – including the prosecutor. This privilege exists because the law recognizes that trust is a hallmark of the attorney-client relationship and that only through communicating fully and frankly with his or her attorney can an attorney represent his or her client effectively. 

When you are communicating with an attorney about your case, if your conversation can be overheard, it is not confidential. This is why the Rolloff Law Office recommends that you don’t speak to your friends and family about the facts of your case – because you never know who else could hear your conversation, or where that information could end up. This is also why we prefer to speak with you on the phone or in our office: Telephone conversations and in-person office conversations ARE confidential, privileged communications and CANNOT be used against you. 

If you've recently caught a criminal case - call today to set up a FREE CONSULTATION: (612) 619-0262

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.

Fighting a Minnesota Arrest (Explained)

Because I've seen it more times than I care to count (and even I've lived it,) if you have been accused of a crime, my guess is that it has caused to experience a lot of confusion, anger, and a lot of doubt regarding your future. Even if the cops got it wrong, you can't help feeling that if you're convicted, you know that your life could forever change.

Fortunately, just because you've been charged with an offense you do not necessarily have to be convicted of it ... and even if you are --- you don’t have to receive the harshest penalties the law has to hand down.

How?  How about working with an experienced Minnesota Criminal Defense Attorney?

What To Do After An Arrest


If you have been arrested for Drunk Driving, Theft, Domestic Assault, Criminal Sexual Conduct, a Drug Crime or any criminal offense, you should not say anything to the arresting officer or anyone else asking you questions until you have talked to a lawyer.

An experienced Minnesota Criminal Defense Attorney will guide you through the arrest process and also be present with you during questioning so that you do not incriminate yourself. Even if you believe what you are saying is not going to incriminate you, you would be surprised at what can be misconstrued and used against you.

Kick-ass Representation

The key to successful representation is being aggressive while also giving you the legal and the moral support that you need to reach a satisfactory resolution to your case.

Strategies are created to show that there may be reasonable doubt that you committed the crime or that the offense was not as severe as the charge. There are areas of the law that can render charges against a person invalid, so they may be reduced.

What Should You Do

At the Rolloff Law Office, you'll have experience working for you - experience as a former prosecutor.

Trust me, you need someone who has represented individuals charged with all kinds of offenses - at all levels -  and earned successful results.

The Rolloff Law Office  has a history of helping people avoid prison time, even when convicted. The reason for this is powerful negotiating skills when it comes to negotiating sentencing for clients.  Call today for a FREE consultation: (612) 234-1165

5 Common Mistakes Police Make in Minnesota DWI Cases

The truth of the matter is cops are human and as such they make mistakes.  The following are common mistakes that law enforcement makes when enforcing the Drunk Driving laws.  If they've occurred in the midst of your case, an experienced Minnesota Criminal Defense Attorney locate them and work to reduce the charges and/or dismiss the State's case against you.

1.

Did the police have a proper suspicion (ie., a good, legal reason) to stop your vehicle? An officer may not stop you on a "hunch" because you looked "suspicious". There has to be some reasonable cause, such as a violation of traffic laws, erratic driving, an accident, or some other good reason.

2.

Did the cops assume that the odor of an alcoholic beverage meant you were intoxicated? Odor of alcohol may be sufficient evidence of consumption.

3.

Did the officer fail to ask pertinent questions about your potential medical problems? Many medical issues imitate clues of intoxication.

4.

Did the officer conduct the field exercises in an unfair manner? These include being aware of, but failing to eliminate, distractions during the field exercises (e.g. loose gravel, surfaces that are not level, environmental issues such as snow, ice, misting, wind blowing, darkness).

5.

Did the police read your rights from the implied consent advisory form just before offering you the test to determine your alcohol concentration?

Protecting your rights in court to defend a Minnesota DWI charge against you is something the Rolloff Law Office can help you with.  I will review with you what you will be facing and ensure that you are treated fairly, including your right to have a private assessment done which could satisfy the requirement.

I am an experienced Minnesota Drunk Driving Attorney and I will defend you and will file an "implied consent" court action  to reinstate your driver's license and, more importantly, get the alcohol notation removed from your driving record.

If you've been arrested for Drunk Driving in Minnesota, you need experience legal representation right away. Call me for a free consultation, and I'll explain exactly what I can do to help you. An arrest is not the same as a conviction! Call today (612) 234-1165.

Minnesota Disorderly Conduct (Explained)

The State of Minnesota defines Disorderly Conduct as the crime of engaging in a brawl or fight, disturbing an assembly or meeting, or engaging in offensive, obscene, abusive, boisterous or noisy conduct, or in offensive, obscene or abusive language that arouses alarm, anger or resentment in others.  


All too often, law enforcement and prosecutors use this as a “catch-all” offense.  If you have been charged with disorderly conduct, you next best step is to contact a Minnesota Criminal Defense Attorney who can help explain your rights and options.  

How Will I Know When I'm Being Disorderly?

Law enforcement can arrest an individual for Disorderly Conduct if that person is disruptive in some way, even if there is no threat of assault or imminent harm to others.  Prosecutors are often overzealous in viewing  certain actions as criminal ones, such as throwing a snowball at a neighbor’s child, yelling at a person in a bar, or making an ”obscene”  gesture in a public place.

Some specific examples of disorderly conduct include:

Public drunkenness
Inciting a riot
Disturbing the peace
Loitering in certain areas
Fighting or other  physical altercations
Obstructing traffic
Use of extremely obscene or abusive language
Loud or unreasonable noise

Penalties for Disorderly Conduct Charges

Those charged with disorderly conduct may be subject to jail time, probation, fines, community service, and restitution.  You may also end up with a criminal conviction on your record.  Whether any of these are imposed depends largely on the nature of your offense and the skill of your Minnesota Criminal Defense Attorney.

What Should You Do?

If you or someone you love has been cited for Disorderly Conduct, contact The Rolloff Law Office for a FREE consultation!  Call (612) 234-1165.  You have options - get FREE answers before you commit to anything.

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.

Minnesota's Implied Consent Law & Test Refusal Crimes (Explained)

The Minnesota Implied Consent Law requires that anyone who “drives, operates, or is in physical control” of a motor vehicle in Minnesota consents to be subject to Minnesota's Drunk Driving Law and the Implied Consent Law.  The Implied Consent Law further requires a person to submit to a chemical test of their blood, breath, or urine (or face a criminal charge for test refusal) when a peace officer has probable cause to believe the person has violated Minnesota DWI law (and other specific circumstances exist).  If this sounds even remotely confusing, consider consulting an experienced Minnesota Criminal Defense Attorney - please.

The purpose of the chemical test is to determine the presence of alcohol, a controlled substance  or its metabolite, or a hazardous substance, and the test must be given at the direction of a peace officer (e.g. a police officer).

When a Chemical Test Can Be Requested

A peace officer has the option of requesting a chemical test when they have probable cause to believe a person was driving, operating, or in physical control of a motor vehicle in violation of the DWI law, and at least one of the following conditions exist:

1. the person has been lawfully placed under arrest for violation of Minnesota’s DWI law (or an ordinance in conformity with it);
2. the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death;
3. the person has refused to take the screening test (preliminary screening test/portable breath test (PBT)); or
4. the screening test was administered and indicated an alcohol concentration of 0.08 or more. 

The test may also be required of a person when a peace officer has probable cause to believe the person was driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol.

Implied Consent Advisory

The Implied Consent Advisory is a provision of Minnesota’s Implied Consent Law which requires the peace officer to inform the suspect of the following before requesting a chemical test submission:

•  Minnesota law requires the person to take the test:
•  to determine if the person is under the influence of alcohol, controlled substances, or hazardous substances;
•  to determine the presence of a controlled substance listed in Schedule I or II or metabolite, other than marijuana or tetrahydrocannabinols; and
•  if the motor vehicle was a commercial motor vehicle, to determine the presence of alcohol;
•  that refusal to take a test is a crime;
•  if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person’s consent;
•  that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

The Test Refusal Crime & Administrative Penalties

Criminal Penalties

It is a crime in Minnesota to refuse to submit to a chemical test of blood, breath, or urine under the Implied Consent Law.  The criminal penalties depend on the unique circumstances of the case and the prior record of the defendant.  As an example, a typical first-time DWI offender who is charged with test refusal is subject to a gross misdemeanor level offense (up to one year in jail and/or up to a $3,000 fine).

Administrative Penalties

In addition to the criminal penalties associated with the Implied Consent Law & Test Refusal Crime, there are also significant administrative penalties.

Test Refusal Penalties

There are significant administrative penalties (e.g. license revocation) which apply to test refusal under the Implied Consent Law  (i.e. when a peace officer has probable cause to believe a suspect has violated the DWI law and they refuse to submit to a chemical test).

Specifically, a peace officer can immediately serve a notice of intention to revoke/revocation on a suspect on behalf of the Commissioner of Public Safety upon test refusal, and also must take the following steps:

•  invalidate the person’s driver’s license or permit card by clipping the upper corner of the card in such a way that no identifying information including the photo is destroyed, and immediately return the card to the person;
•  issue the person a temporary license effective for only seven days; and
•  send the notification of this action to the commissioner along with the required certificate.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example, the period of license revocation is one year for a first-time test refusal offender.

Test Refusal Criminal Conviction Penalties

In addition to the administrative penalties for test refusal  under the Implied Consent Law, there are also administrative penalties (e.g. license revocation) which result from a test refusal criminal conviction.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example,  the period of license revocation is 90 days for a first-time test refusal offender.

To fully understand your options, please take the time to speak with an experienced lawyer.  The Rolloff Law Office has handled any and all sorts of criminal matters --- DWIs and otherwise.  Call today to set up a FREE CONSULTATION: (612) 234-1165

Minnesota Domestic Assault Attorney

Troubled relationships can be some of the most complex and difficult situations people face on a daily basis. Unfortunately, a notable number of individuals end up facing Minnesota Domestic Assault charges every year. If you have found yourself in the unfortunate position of having been charged with Domestic Assault or you must make certain that you waste no time in obtaining appropriate representation from an experienced, Minnesota Criminal Defense Attorney who is knowledgeable and compassionate. 

Why Is This Important?

Domestic violence cases represent one of the most challenging areas of the law. Not only are these cases complex from a legal standpoint, the level of emotions associated with these by definition are highly charged. Therefore, it is crucial that if you have found yourself facing a domestic abuse, assault or violence case that you promptly obtain skilled representation from an experienced Minneapolis domestic assault attorney.

J. Rolloff has devoted a considerable portion of his professional career to assisting people in resolving domestic violence cases. Not only does he fully understand the "ins" and "outs" of the law, not only does he understand how to present a strong defense in court, he thoroughly appreciates the painful emotions that you are experiencing and that are at the heart of a domestic assault case.

What Now?

The Rolloff Law Office has represented men and women from all walks of life who have faced charges of Domestic Assault. As a consequence, he understands what must be done in order to protect your rights and interests in light of these types of charges. Additionally, he realizes what steps need to be taken to ensure that you are able to have reasonable access to your children should a No Contact or Restraining Order have been entered by the court in light of your spouse or significant other filing a complaint against you.  if you need help - call now: (612) 619-0262.

Minnesota Traffic Tickets & Insurance (Explained)

The number one reason I hear - over and over again - when it comes to people seeking assistance with Minnesota Traffic Tickets is because they don't want it to impact their insurance premiums. 

Well, believe it or not ... your insurance company is thinking the same thing --- if a recent call I had with an insurance agent is any indication. 

The Call

I often tell individuals I've heard it all - and time after time I'm surprised.  The same goes for this recent call --- an insurance agent wanting to talk with a Minnesota Criminal Defense Attorney to help their clients to get out of their speeding tickets?

Here's what I learned ... the philosophy that this company takes toward their clients is truly one of partnership. People are required to have car insurance to drive, but this particular company doesn't feel like it is responsible to hold it's clients hostage for a minor traffic ticket, nor do they feel like it's good business to encourage their clients to hide their driving from them in hopes of keeping their premiums lower.This company, which specializes in low risk drivers, has found that their customers are more satisfied with their service and actually drive better knowing they can turn to their insurer if anything should happen.

After the Call

This whole interaction got me to thinking about what, exactly, a car insurance company should do for you. Are they in the business just to make money off of your premiums and then make it as difficult as possible for you if you ever get into an accident? Or, are they a trusted part of your team trusted to help you if and when the need arises? And, if it's the latter, is the best way to create that relationship by encouraging an open dialogue with the client?

Should You Tell Your Insurance Company About Your Traffic Ticket?

One thing I learned from this call was that not everyone should tell their insurance company about their speeding ticket. Some companies are required, as part of their policy, to flag your account for that. Most of those companies are nationally known (I don't know which ones specifically do that, I just know that some do). By calling them, you are setting yourself up for higher premiums, even after you hire a traffic attorney to beat your ticket.

All of the above being said, there is a lesson to be learned for all of us. The company I met with is locally owned and operated. They don't have thousands and thousands of employees. They aren't publicly traded. Making money is important to them, but it's not the only thing. There's something to be said for that. Remember that when you're looking around for help. Test out the local options. You might pay slightly more, but what you get in return could be well worth the price.

What Next?

This isn't an insurance company and I don't talk to your insurance companies about my client traffic tickets. But, like this insurance company, I value my relationships with them and I want to keep in touch with everyone of them during those times they need me - and when they don't.  If you want to know that your attorney has your best interest at heart - when your case is going on and after --- then call the Rolloff Law Office today - (612) 234-1165. And, if you need a kick-ass Minnesota Traffic Lawyer, call me --- I'll do whatever I can to beat your traffic ticket, saving you money on the fine and increased insurance premiums.

Minnesota Expungements & Attorneys (Explained)

If you have a past criminal record that is haunting you, possibly making it difficult to find a job, somewhere to live or obtain a loan, you may be eligible to have your record expunged (sealed or cleared). There is a rather involved process that has to be followed, making sure all the “i”s are dotted and “t”s are crossed. 



So You know, the procedure is set up so that you can do it yourself; however, many people choose to employ a Minnesota Criminal Defense Attorney to assist them.  


What Can an Attorney Do for You?


Even before you spend one-penny, I will evaluate your record to determine whether you are eligible to file a petition for Expungement. Once we determine a petition might be in order - I'll draft it and appear with you in court to argue that the judge grant it.  


Specifically, I'll help you to craft an argument around three (3) specific criteria:

1. The seriousness of the offense (the less serious, the better chance of having the petition granted;)
2. Time that has elapsed since the offense (the more time, the better chance of having the petition granted;) and
3. The rehabilitative measures you have taken (such as community service, counseling, stable employment, etc.) since the incident.

Call Today

If you have any questions about your record and the possibility of having it expunged, just contact The Rolloff Law Office at (612) 234-1165. We will provide a FREE CONSULTATION. I will meet with you at a time and place most convenient to YOU to discuss your situation.

Minnesota Field Sobriety Tests (Explained)

The Minnesota Field Sobriety Test are one of the most controversial aspects of any Drunk Driving arrest.  The National Highway Traffic Safety Administration developed a model system and published several training manuals for administering Standardized Field Sobriety Tests.  Essentially, these tests are known as “divided attention tests” to determine whether someone can perform mental and physical multitasking which is deemed a requirement for safe driving.

Generally, a police officer will ask someone suspected of driving while impaired to submit to one or more tests for the purpose of determining whether there is probable cause for a DWI arrest. If the person fails one ore more of the tests often an arrest is made. An individual who refuses to perform a testis usually simply arrested and must later submit to breath, urine or blood test.  (Because these tests will rarely help someone avoid an arrest - because if the cop has it in his mind to arrest you - he's going to arrest you - my suggest is to not do these tests.)

Minnesota Field Sobriety Tests

Horizontal Gaze Nystagmus Test – Nystagmus refers to the jerking of an eyeball as it follows an introduced object. The administering officer observes the angle at which your eye starts to jerk while you keep your head still. A pencil or the officer’s finger, which should be 12-15 inches away from you, may be used as the object to follow with your eyes while your head isn’t moving. It is believed that if the eyeball jerks before 45 degrees, the driver’s BAC is 0.05.

Walk and Turn Test – Because intoxicated drivers find it difficult to perform tasks and listen to instructions simultaneously, this test requires you to do heel-to-toe movements on a dry, hard surface while following the officer’s instructions at the same time. During the test if the officer finds two or more signs (out of a possible 8 the officers are trained to look for) then you’re believed to have over 0.08 BAC level in your system. According to NHTSA, this test is 68% accurate.

One Leg Stand Test – In this test, the officer instructs you to perform a task while demonstrating the instructions to you. The officer also tells you not to start performing the test until you’re told to do so. To start the test, you have to stand with both heels together while your arms are down the sides. You are them asked to stand on one leg of your choice while holding your other foot out front approximately 6 inches off the ground for 30 seconds. If you struggle in this position, the officer assumes that your BAC is over 0.08.  Based on NHTSA study, this test is 65% accurate.

Do Field Sobriety Tests Really Measure Impaired Driving?

That's the real questions - isn't it.  The purpose of these tests is to ensure that police officers use scientifically-backed tests… but just by virtue of the fact that the officer may screw up in administering these tests (I would argue)  makes them faulty and all but worthless 

  

The truth be told - even when tests are correctly administered, failing the tests doesn’t necessarily indicate a person is guilty of impaired driving. Experienced Minnesota DWI Attorneys know the assumption that a person with no alcohol in his/her system is coordinated enough to pass the tests is faulty. This is because there are several factors that can cause even a sober individual to become uncoordinated which including: illnesses, stress, fear/anxiety, confusion, tiredness, age, weight, etc.

Now What?

An experienced Minnesota Criminal Defense Attorney, who focuses his practice on Drunk Driving defense, can assist you with demonstrating the problems with these test - and (maybe) worked to get the charges against you reduce and/or dismissed. Honestly, if an individuals performance on field sobriety testing is the foundation for a police officer’s determination whether there exists probable cause for an arrest --- then why not make some hay before you're forced to eat an unfounded charge?  Call the Rolloff Law Office to schedule a FREE CONSULTATION, today, by dialing (612) 234-1165.  Hold the government to its burden - it works to help everyone of us.

Hiring a MN Criminal Defense Attorney (Explained)

When people ask me what they should look for in hiring an experienced Minnesota Criminal Defense Attorney, I tell them there are a number of factors to consider.

Do you feel comfortable with the attorney when you meet them face-to-face?
Is this attorney going to spend the time necessary to understand the particulars of your case?
Are they up front with you about what you can expect in terms of potential outcomes, and the risks involved?

Additional things to consider when beginning your search:

 1. EXPERIENCE, EXPERIENCE, EXPERIENCE: There simply is no substitute for hands on experience in a criminal courtroom. It is by far the most important consideration in choosing a criminal lawyer. Every case is different, as are the personalities of each, judge, prosecutor and law enforcement officer. Attorneys that have been around the local legal landscape for a long time tend to be more expensive, but it is often money well spent. Former prosecutors from your district are often good bets, as assistant district attorneys have often had extensive trial and plea bargaining experience that someone who starts out on the defense side might not have.

BUT, keep this in mind: If you have a unique case, or an especially complex case, younger lawyers with moderate experience tend to be hungry. They are eager to establish their own reputations. They will have more time to research caselaw and do background investigation. They will pour blood, sweat and tears into your defense. They might be willing to try a novel legal argument much quicker than a more established attorney. A less-established attorney will also have more time to spend with you one-on-one. They will have fewer cases, and will probably be paid less for each of those cases, so each case to the less-established attorney is important.

2. AVOID ATTORNEYS WHO PROMISE OUTCOMES: Criminal attorneys are seldom assured of any particular outcome in a case. We operate in a field that is filled with uncertainty. We can, however, offer you a forecast of what to expect when your case goes to court.

3. STREET SMARTS: Common sense and how the real world works is important. We are a people-based practice area, and have to understand practical realities. A grasp of legal statutes is critical, but criminal lawyers spend far more time with real people than holed up in law libraries.

4. COMMUNICATION SKILLS AND LISTENING: Look for an attorney that can explain the law to you in easy to understand terms. Does the attorney listen to your story without interruptions? Does he or she explain to you possible defenses you may have to a particular charge? If you come away from an initial consultation feeling befuddled or misunderstood, look for another lawyer.

5. SOMEONE WHO IS NOT AFRAID TO GO TO TRIAL: The client always controls the decision of whether to accept a plea offer or go to trial. Plea bargaining often results in the best possible outcome for a client. Good things, however, can also come from forcing the government to prove its case. Let your intuition tell you whether this is an attorney you can go into battle with.

6. CONFIDENTIALITY: The attorney client relationship requires trust based on an oath of confidentiality. If you have any questions about a lawyer’s integrity or ability to keep privileged communications confidential, move on.

In the End

As a Minnesota Criminal Defense Attorney, I pride myself on providing the best representation possible. For more information or to schedule a free consultation, contact The Rolloff Law Office today at (612) 234-1165.

Your MN DWI Arrest - What You Need to Know

When you are pulled over and arrested for a Drunkn Driving, a lot of things are racing through your mind: How did this happen? What should I do? Who should I talk to? However, while it is understandable that you may be overwhelmed and anxious, it is important to follow certain practices and make note of the events that surround your arrest.

Important Things That You Should Understand About a DWI Arrest


1. Your Minnesota DWI Attorney should obtain all reports and information surrounding your arrest.


While the details of your arrest may be blurry and confusing due to alcohol or the stress surrounding the event, it is important to make note of several things for your lawyer:

• What you were doing prior to your contact with law enforcement?  Be sure to tell your lawyer about anything earlier in the day that may have influenced your condition - sleep deprivation, illness, etc.
• Record what you had to drink - and how much. Be sure to take special note of the time that you drank each beverage because timing can sometimes be more important than quantity.
• Find out the reason stated for stopping you. Did you violate a traffic law; were you swerving or driving erratically?
• Record the statements that you made to the officer. Be sure to tell your lawyer whether or not you admitted to drinking and driving. Also, it’s important to note if you asked to speak to a lawyer at some point during your arrest.
• Recall whether the officer asked or ordered you to take a roadside test. Field sobriety tests are not mandatory in the State of Minnesota, however many officers will not volunteer this information to you.
• Did you take a blood, breath or urine test? If so, what were the results? 
• Were there any witnesses present for your arrest?

2. You must act immediately to protect your right to drive


As soon as you were arrested, the officer should have given you a notice (ie. paperwork) about the forthcoming revocation of your driver's license.  Read this carefully because it is important to understand that from the date the notice was served, you have a limited number of days to request a hearing to fight the revocation of your license. If you do not request a hearing within that time frame your license will be lost - and you'll have no way to fight that aspect of your case.

3. There are many ways your arresting officer’s testimony could be discredited

• Inconsistent statements: If the officer changes his story about the circumstances surrounding the arrest. This could also occur if his accounts of the field sobriety test do not line up with video footage.
• Inability to conduct the field sobriety test in the proper manner: Field sobriety tests have to be performed per the prescribed standardized manner by a skilled officer who is in a controlled environment. Even then, field sobriety tests can be an inaccurate indicator of intoxication levels.
• Failure to recollect: If your arresting officer cannot recall activities surrounding your arrest such as why he pulled you over or how you performed on your tests.

What Should You Do?

It is important to understand your rights when you have been arrested on Drunk Driving charges. Be sure to consult an experienced Minnesota DWI Lawyer if you have any further questions about Minnesota laws or DWI cases. Call the Rolloff Law Office today (612) 234-1165,

Minnesota Criminal Sentences (Explained)

Just as many of us know - there's more than one way to skin a cat - there are also many ways a Minnesota criminal case can be resolved.  As an experienced Minnesota Criminal Defense Attorney, I've worked out deals that have encompassed everyone of these outcomes. 

Below are a list of the sentences one may receive in a Minnesota courtroom - with the best outcome (save for an outright dismissal) listed at the top with the "less" better results following behind.    

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): Here, the government sets aside your case for a set amount of time, and they then will dismiss the case after that period of time if you fulfill all of their conditions.
• Stay of Adjudication: The individual 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 charged individual 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:  An individual offers a guilty plea which the court accepts.  He/she is then placed on probation, with certain (or all) terms of the sentence are stayed - not given.  For example, someone who is sentence to 30 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence:  Here, the accused offers a guilty plea which the court accepts, and the sentence is imposed without any terms/conditions stayed.  For example, someone who is sentenced to 90 days of jail “executed” would actually have to serve that jail time.

What Can You Do?

My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding their arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in their case, as well as any previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.

Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today at (612) 234-1165 and schedule a no-cost, no obligation consultation.

Hiring a Minnesota Criminal Defense Attorney (Explained)

If you've recently been charged with crime - or are the subject of a criminal investigation - you probably have some questions ---- lots and lots of questions.  Here is a little insight into a few things you need to know as you look for an experienced Minnesota Criminal Defense Attorney. 

Should I Say Anything to the Police Before Hiring a Lawyer?

If you are suspected of a crime or have been arrested, one of the most important things to do - say as little as possible. Be respectful to the authorities, but do not put yourself in at risk by providing information that may be used against you. Contact a criminal defense attorney a soon as possible.

Should I Hire a Criminal Defense Attorney Before Seeking Help from a Bail Bondsmen?

After a friend or a loved one has been arrested, often the first thought is to get the person out of custody or jail. Many people turn to a bail-bondsman,. Typically, decisions are made it "in the moment": fear and panic may play a role is the decision making process - but first taking the time to seek criminal defense help from an experienced attorney instead of posting bond immediately has several advantages:

Posting a bond may be a waste of money. An attorney can advise you about the severity of the charge. For some cases, a person who has been arrested may be released on their own recognizance as soon as they get to court (often the morning after an arrest).

An experienced Minnesota Criminal Attorney may be able to negotiate the amount of bond in court. It is possible and often likely that the bond amount can be reduced by the attorney's negotiating skill with the DA and Judge.

What Should I Consider When Calling and Comparing Criminal Defense Attorneys?

Although bondsmen are not allowed to recommend a specific Minnesota Criminal Defense Attorney, they can have business cards present at their offices - some people call these attorneys. Other people will look at the phone book or search for an attorney online. One of the best ways to find an attorney is by personal connection, such a recommendation from a friend or relative. It is always a good idea, as with any service, to examine your options and speak with at least 3 attorneys prior to selecting representation.

When peaking with a criminal defense attorney of the phone you can get a feel for their:

• Personality, professionalism, and demeanor
• Their level of experience, as an attorney and with criminal cases
• Responsiveness and timing in regards to your call
• Sincerity (are they just eager to your money?)
• Level of personal interaction (will other attorneys or staff handle your case?

How Do Pricing and Fees Work?

 

Minnesota Criminal Defense Attorneys typically work in flat-fee arrangements and require an upfront payment (retainer) to begin working on your case. Many attorneys take credit cards and offer payment plans. In comparing prices it is important to take into account that there is a wide range of quotes that you may receive on even a simple matter such as a first Drunk Driving citation.

 

Here in Minnesota, for a first time DWI charge, you can find attorneys that will take you case for as little as $750 or other attorneys that would charge as much as $10,000. Either of those might be a reasonable amount, depending on the skill and reputation of the attorney.

The vast majority would charge between $1500 and $4000 for a first time DWI with $2100 being an average amount. But take note, it doesn't mean you are getting more for your money - the amount of work required for your case will depend on many factors - including the facts and substance of your arrest and the evidence against you.

What Should I Consider When Meeting with A Criminal Defense Attorney?

The first time you meet in with an attorney, whether in court, custody, or at their office. Just as in your phone call, is important that you both ask questions. During the meeting assess your comfort level with the attorney.

The things you want to look for and questions you should ask:

• Do you and your attorney seem to get along?
• Do you feel comfortable with this person representing you?
• If this person walked into court, do you think people in a jury would respect them?
• Do they speak well?
• Are they well groomed?
• Do they seem to a have a knowledge and understanding of the law?
• Can they easily explain the law as it applies to your case?
• Do you feel you can trust them?
• Do they have the level of experience you need?
• Have they practiced in the court that is handling your case?
• Do they make promises to you that seem unusual? For example, "I know the prosecutor there". (Relationships such as in the prior example may give you more comfort, but generally in Minnesota courts this will not make a difference in how your case is handled.)

Your lawyer should have many questions for you. Their interest in your case is very important to the final outcome. Without proper information, the most beneficial actions and best possible outcome cannot be achieved.

 

 

 

What Can You Do Now?

You can educate yourself on this process - but a lot of the learning is going to be done in the doing.  To learn how my approach to criminal defense can benefit you, contact the Rolloff Law Office to schedule your free consultation.  Call today: (612) 234-1165.

Minnesota DWI - Videos (Explained)

If I told you that you were under arrest for a Minnesota DWI - and that the whole encounter with law enforcement was captured on video - what would you say?

My guess is that most people hearing that news would be pretty anxious or nervous about what was recorded - right?  Well, whenever I learn that there's a video of an arrest, I get kind of pumped.

Why I Love Drunk Driving Videos

In most Minnesota communities, police squad cars are being outfitted with the latest video recording equipment.  (Heck, in one city, officers own bodies are being used to carry such devices.)  And believe it or not, video is great for a number of reasons - not the least of which is that it doesn't have the biased view that law enforcement often carrys with them into almost any arrest situations.  Video cameras can't smell alcohol, they aren't congratulated on their number of Drunk Driving arrests they make and they don't have quotas for stops of vehicles and DWI investigations. They simply record what happens, as it happens.


Guess Who Hates Drunk Driving Videos.

If you might be anxious about how you'd appear on an arrest video - can you imagine how the officer feels?  If my past experience - working with law enforcement - as a prosecutor is any indication, they absolutely hate it.  They're number one complaint - that videos don't catch the little "nuances" of what they see.

Now, I never quite understood this argument because in my humble opinion the video is often as clear as day when it comes to showing someone doing or not doing something - such as: crossing a line, stumbling, or slurring their speech. 

The Truth

In theory, video was supposed to make the work of the DA easier and the work of a Minnesota Criminal Defense Attorney harder. But it usually works in the other way.

I love having video evidence - it shows me what the police reports never do: What actually happened.

What Should You Do?

If you are charged with Drunk Driving, don't wait to get help. Call the Rolloff Law Office today - (612) 234-1165. We are ready to serve as your Minnesota DWI Attorney, and we'll do whatever we can to get the resolution you want. Call