Should You Hire a Scott County Criminal Defense Lawyer?

The Rolloff Law Office is a different kind of defense firm.

We get big city results with small town customer service. We know our clients by name, not by file number.  As a Minneapolis-based criminal defense law firm, our primary goal is exceptionally serving the client at an affordable cost. Our representation ranges from crisis management, situation damage control, criminal pre-charge representation during investigatory phases, and defense representation of criminal charges in state and federal courts. Minneapolis criminal defense lawyer Christopher Keyser was named a Super Lawyer Rising Star, a Top 100 Trial Lawyer, and has a Superb rating on Avvo.com. We provide representation for every type of Minnesota criminal matter including:ArsonAssault and BatteryResidential BurglaryCriminal Sexual Conduct / Sex CrimesCriminal Vehicular OperationCriminal Vehicular HomicideDisorderly ConductDomestic AssaultDrug CrimesDWI / DUI DefenseFourth Degree DWIThird Degree DWISecond Degree DWIFelony First Degree DWICareless DrivingDWI Test RefusalExpungementFederal CrimesFeloniesFraudJail and Detox ReleaseJuvenile CrimesKidnappingMilitary DefenseMurder and HomicideProbation ViolationsShoplifting / Retail TheftSimple RobberyAggravated RobberyProstitutionSolitcitationTheftWeapons CrimesWhite Collar CrimesCriminal Defense StrategiesOur approach to fighting Minnesota criminal charges is simple but effective. We don’t bring gimmicks or tricks to court – only hard work, persistence, and aggressive advocacy. In every criminal defense case, we follow the same rules and principles:Client Consultation. We want to meet you and hear how we can help. Every criminal defense case is important, whether a misdemeanor or serious felony. We listen to your story and then educate you on both the good and bad aspects of your case under Minnesota law. We’re up front and tell it to you straight.Review the Evidence. Before any decisions can be made in your case, you need to see the evidence against you – and so do we. Any evidence we obtain from the prosecution is given to you, and any defense motions or letters drafted in your case are copied to you. We provide full transparency so you are fully informed every step of the way.Create a Criminal Defense Strategy. Should you negotiate a plea deal or go to trial? Jury trial or bench trial? This depends on the evidence against you, any criminal history you may have, and the specific facts of the case. The best defense plan may include using private investigators, obtaining expert witnesses, or consulting with other professionals to make the best decisions. Either way, we’ll explore all options.Execute the Criminal Defense Strategy. We work with our clients as a team. Together we will decide the best direction for your case and work to achieve the goals we create. If the evidence against you is strong, working with the prosecutor to obtain a reduced charge, avoid jail or prison, and minimize probation conditions may be the best plan. If the evidence against you is weak, aggressively pushing the case to trial may be the best option. Either way we have the respected relationships with prosecutors, the experience, and the reputation to win.Choosing the Right Criminal Defense AttorneyOur goal is to obtain the best possible outcome for your case, whether that means avoiding jail or prison, getting a reduced sentence, or avoiding a criminal conviction on your record. Like most law firms, we like to win and we win a lot. Every person is entitled to the best representation. We offer competitive rates and reduced fees for military veterans and servicemembers. Our criminal defense cases are handled on a flat fee basis, meaning we do not bill hourly for our services. To learn more about how we can help, call our offfice at (612) 338-5007 for a free case evaluation.

Wright County Expungement Attorney

Since Minnesota's Expungement law was changed - effective January 1, 2015, I have answered a lot of questions.  Here is one of the most common:

Do I Qualify for an Expungement (under the new law?)

Whether you qualify depends on your particular case.  As such, you should speak to an experienced Minnesota Criminal Defense Attorney.  

As you may be aware, the new law will allow you to seek expungement of both judicial branch and executive branch records ---  in the following case types:

Misdemeanors:

A conviction or stayed sentence for a petty misdemeanor or misdemeanor so long as you have not been convicted of a new crime for at least two years since discharge of the sentence for the crime.

Gross Misdemeanors
A conviction or stayed sentence for a gross misdemeanor --- so long as you have not been convicted of a new crime for at least four years since discharge of the sentence.

Felony

A conviction or stayed sentence for a felony listed in the new law, so long as you have not been convicted of a new crime for at least five years since discharge of the sentence for the crime.  Some of the felonies listed as eligible for expungement under the new law are:

• Certain felony theft offenses;
• Receiving stolen goods;
• Dishonored check over $500;
• Criminal damage to property;
• Financial transaction card fraud;
• Computer theft; and
• Certain forgery offenses.

 

Alas, under only certain of circumstances will the following offenses be allowed to be expunged within the above-described time limits:

• Domestic abuse or sexual assault;
• Violation of an order for protection;
• Violation of a harassment restraining order;
• Stalking; or
• Violation of a domestic abuse no contact order (“DANCO”) 

This is due in large part to the fact that prior convictrions can be used against you to enhance/increase future penalties --- would that you were to face similar charges in the future.  The same can be said for Driving Under the Influence offenses.  
 

Questons about an Expungement, please fee free to contact the Rolloff Law Office (612) 234-1165 to discuss petitioning the court to seal your records.

Minnesota Criminal Defense Attorney (Explained)

One question I get a lot ... from people who have never had to hire a lawyer specifically ...  is: "How can you defend criminals?"

True ... it is probably not a surprise that many (if not most) of the people I work with are "guilty" of the crimes they are accused of.  Or, at least, guilty of something.  Honestly, clients 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, the fees paid will have been well worth it.  Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Lawyer's Role

But what about the role of a lawyer as counselor?  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 drug addiction or mental health issues.  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.”  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 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.  

For help with a legal dilemma, please feel free to call The Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

How to Beat a MN Drug Charge (Explained)

As a Minnesota Criminal Defense Attorney, I get a lot of questions about what to do if one is charged with Drug Charges.  First and foremost, remember this: Just because you've been cited does not mean you will be found (or have to plead) guilty!  Here are somethings that can (and should) be challenged.  

1. Bad Warrant

If the officers have a warrant signed by a judge to search your car, home or person, that does not mean that they did not violate the constitution and your rights. In order to get a warrant, an officer needs to make a sworn affidavit to a judge and ask him to find that they have probable cause to search a particular location for particular evidence. These affidavits regularly have incorrect information or information from unknown individual or informants. The warrant may also be challenged if it is faulty based upon lacking of nexus to what to be search, description of where to searched, and the items to be searched for.


2. Bad Search

The 4th amendment protects individuals and grants them the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Unless an officer has a legal reason to make contact or expand the scope of the encounter, the search may be illegal. In order to discourage the police from engaging in illegal searches, courts have ruled that evidence obtained through an illegal search or seizure is subject to suppression.

3. Bad Lab Tests

Just because something looks like marijuana or another drug, the court will not take the prosecutor or officers at their word. Everyone that touched, processed, or tested the evidence will have to appear in court and testify. If one link in the “chain of custody” is missing the evidence cannot be admitted at trial. Even if something has tested positive, that does not mean the lab is credible. Recently, the St. Paul Crime Lab has come under heat for their poor practices. Because of this cases have been dismissed.

4. Bad Police Work

Entrapment takes place when a government agent, typically a police officer, uses threats, harassment, fraud, or even flattery to induce defendants to commit crimes. This can be a great defense if you are charged with sale to an undercover officer in a school or park zone.

5. Bad Charge

This is the ultimate defense. Innocent people are charged with crimes. This tends to happen more commonly in drug cases. For example, John Doe is driving his friend’s car. His friend forgot his prescription medicine in the glove box. If Mr. Doe is stopped and searched, charges could be filed.

The Rolloff Law Office practices criminal defense throughout Minnesota and has for almost 10 years.  I handled cases from minor consumption and DWI charges all the way to 1st degree murder.  For a FREE CONSULTATION call: (612) 234-1165.

How to Deal With The Police (Explained)

Although you probably don't need an experienced Minnesota Criminal Defense Attorney to tell you this --- a lot of it is common sense --- there is a good way and a bad way to "act" when one has contact with law enforcement.  Here are some simple "dos and don'ts." 

1. Do be polite with the police officer;
2. Do identify yourself correctly;
3. Don't argue with the officer;
4. Don't try to explain or make excuses to the officer;
5. Don't discuss your situation with anyone, before talking to an attorney;
6. Don't discuss your situation with anyone else, while you are in custody;
7. Don't try to "make a deal" with the police officers;
8. Don't make any statements to the police, for any reason;
9. Don't sign any statements for the police as the price to go home; and
10. Call The Rolloff Law Office!

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

What Does an Minnesota Attorney Really Do For You?

To many of you, it probably comes as no surprise that many (if not most) of the people I meet with --- individuals accused of crimes --- are in fact guilty or something.  All too often, clients 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 and agressive 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 lick-ass lawyer is often able to negotiate a favorable settlement deal, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two, the fees paid will have been well worth it --- think of it as an investment in your future. Also, good Minnesota Criminal Defense Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Lawyer as Counsler

In addition to what we most think of when we think about a lawyer -- an attorney can also serve as a counselor.  See, 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 drug addiction or mental health issues.  

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.”  A decent criminal defense 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 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.

I'm a former prosecutor --- and I've been prosecuted myself - let's just say: I know what you're going through if you find yourself facing criminal charges and trips to court.  Call the Rolloff Law Office to set up a FREE CONSULTATION --- (612) 234-1165.   

Affordable Lawyer - How You Can Tell (Explain)

Whether or not you've dealt with a Minnesota Criminal Defense Attorney or Minnesota DWI Lawyer before, you probably assume one thing - it's going to be expensive. And, if you are like me or like most people, you want to get the best lawyer possible for the lowest amount of money possible. Is that possible?

The DWI lawyer or criminal defense lawyer you decide to hire is going to be trusted with a lot of responsibility. They are holding your life in their hands. If they don't do the work they promise, or put forth the effort they promise, or pick up the phone when you call, you could end up in jail, you could end up with huge fines, and you could wind up losing everything that is important to you. What is your freedom, your hard earned money, and your reputation worth to you?

The Rolloff Law Office Doesn't Bill By the Hour, and We Don't Ask For More Money

At The Rolloff Law Office, we have a very simple fee structure. We have one price for your case, and that's it. That price depends on several factors, including the difficulty of your case, the facts of your case, and the expertise required for your case. But that one price is all we'll ask for. That means if you want or need to go to trial, we'll go, without asking for more money. Most Minnesota Criminal Defense Attorneys don't offer that. Most attorneys make you pay more to go to trial. They do it because they don't want to go to trial. When you sign up with us, you can trust that we'll do whatever it takes to win your case.

With This Much At Stake, Do You Really Want the Cheapest Option?

A lot of people are scared off by the fees we charge. We aren't the most expensive criminal defense and DWI defense law firm out there, but we aren't the cheapest. And the reason we aren't the cheapest is we provide far more value than the attorneys out there selling you on price. What we offer is unlike any Minnesota Criminal Defense Attorney out there. We offer great legal services, we offer great results, and we offer you the trust that at the end of the day we are doing everything we can to get the results you deserve.

A criminal charge is extremely serious. At a minimum you are facing 90 days in jail and a $1,000 fine. And the stakes only go up from there. I liken it to getting surgery. A bad result can affect you for the rest of your life. If you were getting brain surgery, would you want the cheapest guy you could find to do it? No. You'd want the best. You'd want someone with a proven track record. Even if you had to pay a little more for it. You'll get that with us.

If you need a Minnesota DWI Attorney, ready to help. We offer a FREE CONSULTATIONS and we are available 24 hours a day, 7 days a week to assist you. Call us today at (612) 234-1165 to find out how we can help you.

Minnesota DWIs – Not Just Another Traffic Ticket

Almost every other week you hear stories on the news about celebrities being pulled over for DWI. Their mug shot will be shown, viewers will get a laugh over it and then it seems to be over. You don’t hear anything about it again; but the fact is that this is no laughing matter and it should be taken seriously.  This is why you should consider speaking to a Minnesota Criminal Defense Attorney about your case.

DWI is a Criminal Offense

Many people are under the impression that if you are arrested for Drunk Driving, you are only held until you sober up and then it is over -- WRONG.  This offense is not the same as a speeding violation or even a reckless driving charge. This sort of charge will require you to  face a criminal court judge.

If you are pulled over while intoxicated, the police officer will normally ask you if you have been drinking. It is best for you not to answer and instead invoke your right to remain silent. If they ask you to take a field sobriety test, you have the right to refuse. In fact, these tests are not considered reliable since sober people can fail while people who are intoxicated can pass.

If the police officer believes there is probable cause to arrest you for driving while intoxicated, he will then arrest you. Once at the police station, he will likely either have you submit to a blood or breathalyzer test. It is important that you not give a statement until you have a lawyer present. This is a right that you have and you should not allow an officer to pressure you otherwise.

Often times, depending on the jurisdiction, you will be released from jail pending arraignment after fully sobering up which typically takes a several hours depending on how much alcohol you consumed. However, sometimes, and especially if you are being charged with anything else in addition to driving while impaired, you may remain in custody until your arraignment. Usually an arraignment takes place the day after your arrest but if you are arrested on a Friday or Saturday, you may have to spend the weekend behind bars.

If you are released after sobering up, then you will most likely be notified of your arraignment at a later date. This will give you time to contact an attorney to represent you against these charges.

What is At Risk?

Depending on the circumstances surrounding your arrest and the charges against you, there are a few possible punishments that you can face:

• Jail time
• Fines or other fees
• Penalties
• Suspension/revocation of license
• Community service
• Rehabilitative treatment
• Probation

For each Minnesota DWI offense, the repercussions become more stringent. In addition, if you caused a car accident while drunk driving and someone is injured as a result, you may even face more severe charges.

You Need Representation

Defending yourself on a DWI charge can be tricky – especially if it isn’t your first offense or if you have multiple charges against you. For any criminal charge, you would turn to an attorney to represent you and this charge is no different. Look for a Minnesota DWI Attorney who has experience defending people in your situation. At the Rolloff Law Office, I represent individuals charged with DWI --- I can advise you on the right steps to take.  Call to day to set up a free consultation: (612) 234-165

Free Answers to Your Legal Questions

As an experienced Minnesota Criminal Defense Attorney I get a lot of questions --- a lot.  Here are some answers to the most common.

Q: What is the difference between misdemeanor, gross misdemeanor & a felony?

A: There are four levels of criminal charges in Minnesota. The lowest level is a petty misdemeanor such as a basic traffic offense. The next is a misdemeanor. This carries a maximum sentence of a $1000 fine and/or 90 days in jail. Next is a gross misdemeanor which is a more serious crime that carries a maximum $3000 fine and/or one year in jail. The highest level is a felony. Each specific felony-level criminal act carries a punishment severity as specified by statute for each specific offense.

Q: I’m charged with a crime. Do I need a lawyer?

A: You are always better off seeking professional assistance if you are accused of a crime. An experienced lawyer understands the intricacies of how the system works and can help you avoid the pitfalls that exist in every criminal prosecution. Keep in mind that not all lawyers are well suited to handle criminal matters.

If you find yourself charged with a crime, you should contact The Rolloff Law Office. immediately for a free consultation. I help you assess your case and determine what defenses you have in your case. The difference between me and the other guys is that, because I once was a prosecutor, I know this stuff from all sides --- and I understand that a criminal charge can affect many areas of a person’s life.

Q: What can a lawyer do for me?

A: An experienced lawyer can guide you through the criminal justice system and obtain more favorable results for your case. First, I will work to get your case dismissed. If that option is unavailable, I will work on building a defense that forces the prosecutor to compromise. No matter the outcome, I can help lessen the stress of facing a criminal charge and bring about a resolution that you will feel good about.

Q: Will I have to pay bail if I’m charged with a crime?

A: Depending on what type of charges you are facing, you might have to bail before you can be released from jail. If you are charged with a gross misdemeanor or felony, the Court must set reasonable bail or conditions of release. If you or someone you know is charged with a crime, you should contact The Rolloff Law Office regarding your bail situation. I can help get bail set, argue for reduced bail, explore alternative conditional release options or arrange for a bonding agent to help get you released.

Q: Should I just enter a plea on a 1st time DWI since everyone gets the same deal anyway?

A: No! The decision to settle is always yours but simply entering a guilty plea means you will not have the opportunity to investigate your case. Most of the time the prosecutor only knows a little bit about your case based on what the arresting officer puts in the police report. A lawyer will help you tell your side of the case. At a minimum, a lawyer will help you structure your settlement in a way that considers your point of view.

Q: What happens to my record if I get convicted of a crime?

A: A criminal conviction will become part of your record once you enter a guilty plea or you are found guilty of a crime by a court or jury. In a DWI prosecution, the State will use any prior DWI or DWI-related driver’s license revocation during the preceding 10 years as grounds to charge you with a higher degree of DWI. Also, different sentencing provisions can impact how a conviction will affect your record. You should contact The Rolloff Law Office to discuss your case before entering a plea to any charges.

The Rolloff Law Office --- FREE CONSULTATIONS.  Call today: (612) 234-1165

Minnesota Legal Questions - Answered 4 FREE!

As a former prosecutor - and as an experienced Minnesota Criminal Defense Attorney - I get lots and lots of questions.  I have no problem answering them - for FREE.  If you or someone you love has been caught up in a legal mess --- Call me today to set up a FREE CONSULTATION.  Before we get started - understanding that every case is different - feel free to look here for some general information.

Here are some of the most common questions I get:

The officer never read me my Miranda rights, what are they? 
Many people have learned that they have the right to remain silent and right to Lawyers by watching television and the movies. Yes, it is true, we do have these rights. However, these rights only attach when we are arrested or placed in custody and given the chance to incriminate ourselves. Strangely enough, a blood, breath, or urine test is not considered self-incrimination. That is why people do not have the right to a Minnesota Criminal Defense Lawyer before a State test is given. A routine traffic stop does not rise to the level of custody such that people must be told of their rights. However, if the police officer leads you to believe that the detention is going to be more than a brief encounter, Miranda warnings and your right to have a lawyer present before and during any aditional questioning may be required.

Do I have to let the police search me? 
NO!  The Police may only search a person, place, or thing if they have probable cause  (defined as enough evidence to convince a reasonable person that criminal activity is or has ocurred)  to believe that something illegal exists. However, there are numerous exceptions to this rule. For instance, a police officer can search you and anything within your grasp once you are lawfully arrested. An officer may frisk a person to see if they have weapons on them. An officer may search anything if he sees something in plain view and he has a legal right to be there. An officer may search a car if he smells burnt marijuana. THE EXCEPTIONS ARE GREATER THAN THE RULE. Initially, we had many rights to be secure from illegal searches. However, through the years, courts and whittled away at our rights so that law enforcement would have an easier time finding drugs and weapons.

Do I have to speak with police? 
No! Many people feel that they can talk their way out of trouble. We believe that this is not going to happen. Anything you say to an officer is considered an admission and will be used against you at a trial. All spontaneous utterances will be used against you.

IF YOU ARE A SUSPECT IN A CRIME, LAW ENFORCEMENT IS NOT TRYING TO HELP YOU.
The police are trying to gather as much evidence as they can to help them make a case. You have no legal obligation to speak with them. Please let an attorney speak to them on your behalf. Even if you are not guilty of anything, the most subtle questions will trip you up and make it seem like you did something wrong. You are not obligated to be a witness against yourself.

What is the Fifth? 
In recent times, many people have pleaded the Fifth. This is a person invoking their legal right not to incriminate themselves.

What should I do if I have not been arrested but think a charge is soon to occur? 
I get a lot of  calls from people who tell me that there is not a pending charge, but they did something wrong or people believe that they did something wrong and a charge may be forthcoming. First, it makes sense to hire a lawyer. He or she can analyze the facts and make a decision if a law has been broken. An attorney can also deal with law enforcement on your behalf in order to try and avoid charges from being filed.

If a lawyer is not affordable or available, do not tell the police your story. This will generally make things worse. Unless you are so sure that you are squeaky clean and have nothing to hide, my advice is do not speak to police without asking for an appointed lawyer.

Do I have to allow the police to search my house or car? 
No! The police have every legal right to ask for your permission to search your car or home. However, you have every legal right to refuse. Unless there is probable cause to search, the police have no business looking through your personal items.    The Fourth Amendment mandates that citizens shall be free from unreasonable searches and seizures. What type of governmental conduct is deemed unreasonable, and therefore unconstitutional, is determined by the particular facts and circumstances of each case. However, some hard and fast rules do provide guidance. First and foremost among these is the core principle that all searches, unless conducted pursuant to a warrant, are per se unreasonable, therefore unconstitutional. There are, however, certain well-crafted exceptions to the warrant requirement, permitting warrantless searches when the requirements of the relevant exception are met, a lawyer should be consulted to address the specific factual scenario in your case.

If you need help call The Rollof Law Office - now - at (612) 234-1165.