Minnesota School Bus Stop-Arm Violation

In 2017, the State of Minnesota upped the penalty for failing to stop for a school bus  --- a violation of Minn. Stat. 169.444. Specifically, the law requires that drivers in both directions stop --- when they see a school bus with its red lights flashing and its stop arm extended. The fine for failing to stop increased this summer from $300 to $500.  Most importantly --- school bus drivers can (and do) report these violations directly to law enforcement and the registered owner of the violator vehicle can receive a ticket in the mail – even if they were not driving the vehicle at the time of the offense.  If you have questions about a ticket you or someone you love has received for this offense, contact an experienced Minnesota Traffic Defense Lawyer. 

What Should You Do? 

Due to the presence of children surrounding a school, it is easy to understand why this law exists and why it is considered such a serious crime. With that being said, the penalties involved can be quite steep --- including the possibility that one's license could be revoked.  

The Law

There are two types of driving conduct that can be cited. First, when a school bus is stopped and is displaying an “extended stop-signal arm and flashing red lights,” every driver must stop their vehicle at least 20-feet away from the school bus. Second, no driver may pass a school bus on the right-hand, passenger-door side “when the school bus is displaying the pre-warning flashing amber signals.”

Violating either or both of these two laws is a crime,   simple violation of the above is a misdemeanor crime, leading to maximum criminal penalties of 90 days in jail and a $1,000 fine. But, under certain circumstances, it may be a gross misdemeanor crime, which results in a maximum sentence of a year in jail and/or a $3,000 fine. Such as --- if you pass the bus when a child is outside the bus, it is a gross misdemeanor offense. 

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney to set up a FREE – no obligation – consultation.  You can reach me at (612) 234-1165 or jay@rollofflaw.com. 

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

Minnesota Expungement Lawyer (Explained)

On May 14, 2014, Governor Dayton signed into law important changes to laws governing the sealing and/or expungement of criminal records in the State of Minnesota

Prior to the new law, in most cases, the Court was not allowed to expunge executive branch records. The new law fixes this problem and allows Courts to order executive branch agencies to seal their records.  Executive branch agencies include:

• The Bureau of Criminal Apprehension (“BCA”);
• The Minnesota Department of Human Services (“DHS”);
• The Minnesota Department of Health (“MDH”);
• Police departments;
• City and county attorneys’ offices;
• The Attorney General’s Office;
• The Board of Teaching; and
• County Sheriff’s offices.

Is this the chance you have been waiting for - to put you past in the past?  If so, contact an experienced Minnesota Criminal Defense Attorney to begin the process of expunging your record.  


The Benefits of an Expungement


The new law provides meaningful relief to individuals because the Court is able to seal both judicial and executive branch records.  This means individuals now have a chance to seal all records held by any agency. 

As some of you might already be well-aware --- employers and landlords frequently investigate an applicant’s criminal background as part of the hiring/leasing process.  And ... sadly ... individuals with criminal histories may be rejected from employment or housing because of the existence of these records, even if a charge was dismissed or the individual is rehabilitated.  

When a Court orders that criminal records are to be sealed/expunged, it means that all of the records are sealed from public access.  

If a Court Orders expungement of records held by the judicial branch, it means that the individual’s criminal record cannot be viewed or accessed through the state court website or at the Courthouse.  If a Court Orders expungement of records held by the executive branch, it means that the individual’s criminal record generally cannot be viewed or accessed at any of the above-listed agencies, so long as the expungement Order is directed to that particular agency.  

Gain this result and an individual with a criminal background will likely face fewer obstacles toobtaining employment and/or housing if both executive branch and judicial branch records are expunged.

Contact The Rolloff Law Office at (612) 234-1165 to discuss petitioning for the expungement/sealing of your court record.

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

Finding The Right Minnesota Criminal Defense Attorney

One question a lot of defendant's face is: "Should I hire a private lawyer or just go with a public defender?"  Then, they find themselves asking the following: "What's the difference between the two?  What advantage would a private attorney give me over a public defender?"

These are very important questions to ask yourself if you are ever charged with a crime.  Naturally you would want the best representation possible; right?  But, I know you also want to know ... is it worth paying money to an experienced Minnesota Criminal Defense Attorney when a public defender is free?

Public Defender or Private Lawyer?

To begin with, once the public defender's case load is always very large, and he/she likely has a very limited amount of time to give to each case because of the volume of matter he/she has.  

Public defenders work with the prosecutors to resolve each case as quickly as possible.  Because of the huge demand on their time, it is reasonable to conclude that defendants do not always get the best representation or defense for their cases --- ture?  Having had beena  prosecutor myself, before becoming a Minnesota Criminal Defense Attorney, I have personally observed many defendants get upset and frustrated becasue their public defender has no time to return phone calls, refuse to prepare a suppression  motion, do a preliminary hearing, or take their case to trial, because they don't have the time.

A Private Attorney is somone who is hired by a defendant to represent them in court.  Private attorney's have much smaller case loads, thus they have more time to work on a case, interview witnesses, investigate and meet with the client, even return phone calls.

Hiring a private attorney allows you to shop around, get referrals, research which lawyer has experience in criminal law, and which one is a general attorney, knowing a little bit about a lot of different areas.  Most private attorneys will allow you to come into their office for a free initial consultation.  This way, you can find out how experienced the attorney is, his or her feelings about your case, and the fee you would be charged.

The saying "You get what you pay for" is often very true when hiring an attorney.  The more experience, the better the representation and defense.  If you are charged with a crime, give me a call.  You don't want to chance your future with anyone else.

Have more questions about whether you should hire a lawyer? Please feel free to calI the Rolloff Law Office to set-up a FREE CONSULTATION --- call: (612) 234-1165.  

Beat Any Ticket - Every time (or Die Trying)

When you get a Speeding Ticket in Minnesota be prepared to pay more than the cost of the ticket. Specifically, your insurance company may raise your insurance rates. So, what are you going to do... think about talking to an experienced Minnesota Criminal Defense Attorney about beating a ticket.  Honestly, the money you spend to keep the ticket off of your record will be a huge profit to you in the long run.

Understanding that almost any person that gets caught driving too fast will pay.Here's how we fight back!


Dispute the Police Officer's Opinion

Police officers often cite drivers for making unsafe turns or driving unsafely down a road. These tickets require the officer to put down his personal opinion and come to a subjective conclusion about what happened. If you have received a ticket where the officer needed to exercise some sort of personal judgment about the situation, you may be able to challenge that judgment. For example, suppose you were cited with an unsafe lane change while driving on the highway. If we show up to fight the ticket, we can argue that your lane change was safe given the weather and traffic conditions at that time. To further support our argument, we could also point out that the police officer was in front of you during the lane change, and that, due to the heavy traffic conditions, the officer most likely was paying more attention to the road in front of him rather than a car changing lanes behind him.

Subjective speeding tickets are also issued all of the time --- and it leaves it up to the police officer to determine whether a driver is driving at a safe speed. These speeding tickets are often challenged by those who are cited. If you have received a speeding ticket for going above the posted speed limit we ay be able to challenge the officer's opinion by proving that your speed was safe given the conditions. As an example, if an officer cites you for going 75 mph in a posted 65 mph zone, you may argue that your speed was safe because all of the cars in your lane were also traveling at 75 mph, and thus, it would be unsafe to drive at or below 65 mph.

Dispute the Officer's Evidence

There are yet other types of tickets where the police officer's judgment cannot be called into question. These tickets generally have to do with tickets that are clear cut, like running through a stop sign or making an illegal U-turn. Here, challenging a ticket involves challenging whether or not the officer saw you perform the ticketed action. The results of these types of cases will generally boil down to who the judge believes, and you, as the driver, will often have a high burden to overcome. However, there are certain types of arguments and evidence that you can present that may help your case by calling into question the officer's observations.

Some of the best arguments and evidence to present in such a situation are:

• Eyewitness statements from passengers, other drivers on the road or pedestrians that will confirm your story.
• Diagrams, diagrams, diagrams. The more clearly you can show where your car was in relation to the officer's car at the time of the citation, the more robust an argument you can make. For instance, a great diagram would show that the officer could not have seen you run a red light because he was trailing you too far behind to see whether or not your car was in the intersection at the time the light turned red.
• Photographs of the scene of the alleged traffic violation. Photographs can help you if, for example, they demonstrate your claim that a stop sign was obscured by an overhanging limb, or show that a traffic light was out of power at a certain time of day.

Present You Own Evidence 

In Minnesota, the judge hearing your case will be allowed to come to their own decision regarding the traffic ticket if presented with the right evidence. For certain types of tickets, like running a stop sign, you may be allowed to present evidence that you should not be required to pay the ticket because you made a "mistake of fact."

Mistakes of fact are mistakes made by drivers about the situation. To clarify, it helps to look at a few examples. First, it would be a mistake of fact if you were driving in two lanes because the lane markers were so worn down by use that you could not see them. Second, it would be a mistake of fact to make an illegal right turn because wind had recently blown down the no right turn sign.

Often, a judge will toss out a ticket that has been issued against you if you can show that you had inadequate notice. For example, if you regularly drive a stretch of road everyday and one day are ticketed for running a stop sign that was installed the previous day, you can argue that you had insufficient notice about the new sign, and that you made a mistake of fact. However, if the stop sign was up long enough for you to be aware of it, or if you never drove that stretch of road before, or if you were driving recklessly and failed to see the sign, you would probably not win this argument.

Argue that Your Driving Was Justified/Necessary

Another way to fight traffic tickets is not to deny or point out mistakes in the ticketing process, but rather to admit to the illegal driving but present another fact that makes the illegal driving justified and allowable. This is a great way to fight a ticket because you do not have to dispute the officer's statement or the charge in the ticket, but rather show circumstances that necessitated your driving.

For instance, if you were ticketed for driving too quickly on the highway, you may present evidence that you were passing a car that you thought had a drunk driver. In this situation, your speeding may be warranted as you were trying to prevent an accident that may have caused a multi-car pile up. However, this defense would be negated if the officer could prove that you kept your high speed even after passing the other vehicle on the road.

As another example, if you are ticketed for changing lanes recklessly and stopping on a highway, you may be able to fight the ticket by showing that you felt waves of dizziness and felt like fainting while driving. You pulled over your car and stopped as soon as you could so as to avoid passing out while driving. A judge could very well agree that your conduct was legally justified and throw out the ticket.

If you want to keep you insurance rates down - fight your tickets --- fight everyone of them.  As a former prosecutor, I've been involved in literally hundreds of trials on matters like these.  You would believe what good work can be done to protect you and your future.  Call the Rolloff Law Office today: (612) 234-1165

Hire an Affordable Minnesota Criminal Defense Attorney

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about what individuals should consider when looking to hire a criminal attorney.

Among the many things you must consider, such as: do you feel comfortable with the attorney when you meet them face-to-face; is he going to spend the time necessary to understand the particulars of your case; and can he explain to you what to expect in terms of potential outcomes, and the risks involved --- you also need to look at these things.

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 are often good bets, as assistant county 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 State to prove its case. Let your intuition tell you whether this is an attorney you can go into battle with.

As a Minnesota Criminal Defense Attorney, I pride myself on providing the best representation possible. I'm a former prosecutor (and before that I clerked for a judge) --- if it has happened in the courtroom I've seen and done it.  For more information or to schedule a free consultation, call the Rolloff Law Office today: (612) 234-1165.  Or, for more information, visit my website: rollofflaw.com.

Charged w/ a Crime Doesn't Mean You're Guilty (Explained)

Sure, it probably comes as no surprise that many (if not most) people accused of crimes are in fact guilty --- maybe not of the crime they're charged but something - right?

Negotiator

All too often, individuals often come to me with little or no hope, wondering what (if anything) can be done.  One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with.  An experienced Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.  In addition, a lawyer is often able to negotiate a favorable settlement, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two --- or the level of the charge from say a Felony to a Misdemeanor --- then the fees you're charged ill have been well worth it.  Additionally, good lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Counselor

Lawyers play many roles --- all too often those accused of crimes are often in need of something more than merely being represented in court.  Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as a chemical addiction or a mental health issue.  Criminals may do bad things, but I firmly believe they are not bad people.  Generally speaking, their biggest problem is what could be described as a “lack of foresight” or exercising poor judgement.

A lawyer can help counsel their client, advising them to address any underlying issues.  This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable.  Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.

There is a balance that must be struck, however.  Those accused of crimes do not need another person to lecture them on their mistakes.  Most already acknowledge that they screwed up somehow, and most are ready to make a change.  It is the lawyer’s role to encourage them and assist them in making the changes they want to make.  One of the very best parts about being a Minnesota Criminal Defense Attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better.  Rather than focusing too much on the past, I believe it is best to focus on the future.  Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.

If you or someone you love is looking for help with a legal issue - please call The Rolloff Law Office today to set up a FREE CONSULTATION and start down the path of doing the next right thing.  Call today: (612) 234-1165

Avoid a Minnesota Speeding Ticket

All too often, I get calls "after the fact" - that is after someone gets a ticket.  For those of you hoping to avoid making a call to an experienced Minnesota Criminal Defense Attorney, here are some helpful suggestions about how to avoid getting a speeding citation.


1. Never Admit That You Were Speeding
If you do get pulled over, if I can offer you one suggestion --- Never admit that you were speeding. You don't want to give the cops any ammunition to use against you if you want to challenge your ticket in the future.  So, when the officer tells you that you are speeding, giving a brief, noncommittal response like, "I see" or "I was not aware of my speed" is the best course of action.  (Not the best way to go: sarcastically asking - "What's the problem, Officer?" won't help you.)


2. Know That Your Vehicle Says Something About You


Most officers decide whether you're getting a ticket or a warning before they even approach your vehicle. A good rule of thumb is to keep your car maintained in such a way that you wouldn't be embarrassed to drive it to a job interview. Keep it clean, decluttered, and free of bumper stickers that are anti-police or pro-violence. Also, don't have any aftermarket add-ons like spoilers, tinted windows, and neon undercarriage lights. You want to say "I'm responsible and law-abiding," not "I hate the police, I speed all the time, and I'm trying to hide something from you."

3. Plead Not Guilty, and Continue out Your Court Date as Many Times As You Can


The more time you put between your speeding encounter and your court date, the better.  This about it, just how many people does an officer pulls over in a month. How many of them do you think they'll remember two or even six months from now, especially if you take your ticket quietly and move on? The more continuances you can reasonably request, the more time you have to collect your evidence and prepare your defense — and the less specific that officer's recollection of you will be. Getting a continuance also increases the probability that the ticketing officer retires, transfers to another department, or just doesn't show up for your court date. In almost all of these extenuating situations, the case against you will be dropped.

If you think you need help with a traffic ticket - you probably do need help.  Call the Rolloff Law Office today at (612) 234-1165 to get FREE Answers.

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.

Minnesota Domestic Assault & Gun Rights (Explained)

As a Minnesota Criminal Defense Attorney, I gets lots of questions about Domestic Violence.

Domestic Assault is generally defined as either "an act intended to cause fear of immediate bodily harm or death" or "an attempt or actual infliction of bodily harm upon another" who is a household member.  

This can include any of the following relationships:

• Spouses and former spouses;
• Parents and children;
• Persons related by blood;
• Persons who are presently residing together or who have resided together in the past;
• Persons who have a child in common regardless of whether they have been married or have lived together at any time;
• A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
• Persons involved in a significant romantic or sexual relationship.

These definitions are quite important since it is a common misconception that two persons must actually live together to be in a domestic assault.  Likewise, domestic assaults do not only occur between spouses or between parents and children. 

Levels of Domestic Assault

Domestic Assaults are known as "enhanceable" offenses in Minnesota.  This means if a person is convicted of domestic assault, any future charges and convictions for assault or "qualified domestic violence-related offenses" will be treated harsher.

• Misdemeanor: First-time offense or no qualified domestic violence-related convictions in the past 10 years;
• Gross Misdemeanor: One prior qualified domestic violence-related conviction in the past 10 years;
• Felony: Two or more qualified domestic violence-related convictions in the past 10 years (maximum punishment of 5 years in prison or $10,000.00, or both.)

 Qualified Domestic Violence-related Offenses in Minnesota

What is considered a "qualified domestic violence-related offense" under the laws of the State of Minnesota --- here are some examples:

• Violation of a domestic abuse order for protection
• Violation of a domestic abuse no contact order (DANCO)
• Murder in the First and Second Degree
• Assault in the First, Second, Third, Fourth and Fifth Degree
• Domestic Assault
• Domestic Assault by Strangulation
• Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
• Malicious Punishment of a Child
• Terroristic Threats
• Violation of a Harassment Restraining Order
• Stalking
• Interference with an Emergency Call

As you'll note, someone with any of these convictions who then commits a Domestic Assault will face "enhanced" charges and more severe penalties.

Domestic Assault and the Effect on Firearms in Minnesota 

If an individual is convicted of Domestic Assault, and the court determines that the victim was a family or household member, the defendant can be prohibited from owning and possessing fire arms - forever!

Common Defenses

Some defenses to domestic assault include self-defense, defense of another person, defense of property and false allegations.  It is a common scenario to have one the defendant and the alleged victim as witnesses to the assault.  These cases are often referred to as "he said, she said" scenarios.  Factors to consider in such cases include the credibility of the witnesses and the criminal history of the defendant.  Because of assault case presents different facts and circumstances, it is wise to seek the opinion of a criminal defense attorney on possible defenses and the likelihood of success at trial.


What to Expect


Persons charged and convicted of domestic assault can expect to have their right to carry firearms taken away, as discussed above.  Defendants can also expect a combination of the following: probation usually lasting 2 years, a monetary fine, no contact with the victim, substance abuse counseling or treatment, community service, anger management classes, electronic home monitoring or local jail time.  First-time offenders typically serve no jail time or a very short amount of jail time (such as 2 or 3 days, which oftentimes can be served through community work service or house arrest).  For second and subsequent convictions, these same expectations exist but the length or probation is increased along with the likelihood the person will serve time in local jail.
Each case has unique facts and circumstances.  Furthermore, not every city and county handles domestic assault cases the same way.  Harsher punishment is typically sought in cases where the victim was badly hurt, alcohol or drugs were involved, there is a pattern of abuse, a weapon was involved or where the defendant has prior criminal convictions.


Domestic Assault Defense Attorney in Minneapolis, Minnesota


If you face domestic assault charges in the Twin Cities, call the criminal defense attorneys of Keyser Law Firm at (612) 338-5007 for a free consultation.  You can also fill out the "Free Consultation" box on this page to directly e-mail our attorneys.  Our fees are affordable and we accept payment plans for select clients.

Minnesota Criminal Defense Questions (Answered)

As an expereinced Minnesota Criminal Defense Attorney I get questions - lots and lots of questions.  Here are some of the most common ones.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At The Rolloff Law Office, we provide personal legal services on a one-on-one basis, and our results-oriented approach to defending charges and our reasonable rates can allow you to have the quality defender you need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a Minnesota DWI charge?

Any DWI offense carries the potential of jail time. Under Minnesota Statues, chapter 169A, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. This is in a simple DWI offense, without any aggravating factors or a breath test refusal. If you have a prior conviction of DWI within the last 10 years, including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of an attorney. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your office defend?

The Rolloff Law Office is committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Assault, Drug Charges, Disorderly Conduct to any manner of Theft crimes --- from Misdemeanors to Felonys.  Expereince criminal defense representation unlike any youve ever known before - that's a promise.  Call today: (612) 234-1165.

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 Criminal Defense (is the Best Offense)

In basketball, there are offensive plays and defensive plays, and a good team understands that it’s succeeding in a combination of these two types of plays that helps them win the game.

In a criminal case, the State is usually on the offense: they bring the complaint, and carrying the burden of proof throughout the case.  And the defendant is usually on the defense: Defending his constitutional and procedural rights, ensuring that the police didn’t overstep the rules and that there is sufficient evidence being presented by the State for it to meet its hefty burden.

However, there are times the defendant also gets to play offense. This happens when their experienced Minnesota Criminal Defense Attorney utilizes an Affirmative Defenses. Bringing an affirmative defense has the same effect as when the home team manages to get the ball just about all the way to the visitor’s goal line before they let the visiting team get the ball back, so the visitors have to go the whole length of the field all over again to try to score.

The best Affirmative Defenses can set the State back substantially and sometimes, they can also act as a complete bar to an element of the State’s case, effectively stopping the State from proceeding.

Common Affirmative Defenses

1. Self-defense, and Defense of Others.   True self defense or defense of another requires that an individual acted out of fear for his/her safety or the safety of another against the imminent use of unlawful force against him/herself or another. Factors that affect a claim of self defense are things such as the extent of the right to self defense in the situation, the force used, against whom it was used, and for what reason.

2. Entrapment. When someone is induced or persuaded by law enforcement officials to commit a crime that the person had no previous intent to commit, he or she has been entrapped.

3. Mental illness or Deficiency. This defense asserts that at the time the acts constituting the offense were committed, the defendant was not capable of comprehending that what he or she was doing was a crime due to mental illness or deficiency.

4. Duress. If a defendant participated in a crime only because he or she believed or had reason to believe that he or she would be seriously harmed if he of she did not participate, the defendant may be able to use the defense of duress.

5. Intoxication. Involuntary intoxication, or involuntarily being under the influence of a drug or substance – can be an affirmative defense. Voluntary intoxication is only potentially a defense against the intent element of a crime; it can be used to prove an act was committed recklessly instead of with intent to cause serious harm.

Whether an Affirmative Defense applies in your case or not is a decision that you and your attorney need to make together.  The next right step, contact The Rolloff Law Office at (612) 234-1165 and find out if there's a good defense to defend you offense. 

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.

My Son/Daughter is in Jail (Explained)

Whenever I receive a call from a parent with a son or daughter that is currently being held in jail, I tell them that the criminal case is divided into two halves: Getting your him/her out of jail, and everything else.

When a peace officer witnesses a criminal offense (Minnesota DWI, drug charges, etc.), they will usually arrest the accused immediately. Sometimes, that individual  will be taken to the police station for additional questioning or breath testing, before ending up in county jail.

At the jail the defendant is usually “booked,” which consists of fingerprinting and being placed in an orange jumpsuit. He or she may also have a bond set by the arresting officer. Sometimes, he or she is told that they will have to wait to see the judge in the morning.  Here is where an experienced Minnesota Criminal Defense Attorney can help.   

If some one is taken into custody on the weekend, a lawyer can hep secure his/her release by assisting with the bail/bond process. Especially as it concerns getting a judge to set a bail (over the weekend) so one not need wait until Monday to get in front of a judge --- causing them to miss school, work, etc. 

If someone is held until then, the judge will inform the him/her of the pending criminal charge(s) and the minimum and maximum penalties. If the only charges are simple misdemeanors, the judge can ask for a plea. If there are more serious charges, the judge cannot ask for a plea and will address conditions of release.

Conditions of Release - Will There Be Bail?

The judge will review the information he has available and decide whether the accused needs a bond. He will consider the  current charge(s), any criminal history and his/her ties to the community. Essentially, the judge is determining what amount of money (if any) is required to secure the someones future appearance in court and to protect the community from further criminal violations.

If the judge decides that a bond is necessary, then that bond amount must be posted in order for the individual to be released. That money is kept by the court until the case is resolved, then it will be returned or credited toward any financial obligations/consequences.

The Problem

Most of the time, an attorney is not called until after the Initial Appearance.  When I am hired for cases like this, I work to be either attempt to secure an early release and/or to be present at the hearing to earn a release with little to no consequences - depending on the charge(s) in question.  This affords me the chance to discuss the case with the prosecutor and judge, and provide greater detail about the circumstances of the individuals life (ties to school or work for example). It also helps when I can convince the judge that the his/her parents are involved because this further secures their presence at future court dates.

What Now?

If you are seeking representation for a criminal matter - for you or a family member - Call 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 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.

---



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.