DWI Lawyer: Choosing the Right One

If you or someone you love has been arrested for a DWI --- you should be careful and consider getting information from an experienced Minnesota Criminal Defense Lawyer on your side. The right attorney can help you successfully navigate the often complex legal system and help reduce your fines, penalties, and even jail time. Making the wrong choice in an attorney could create negative side effects that impact your life in the short and long term.

Keeping all of that in mind, how do you know which lawyer to trust and which one has the skills necessary to make sure your case gets the best outcome? Here are some tips to help you make a smart decision:

1. Get suggestions for DWI Lawyers in Minnesota;
2. Be prepared for your meeting with the attorney candidates;
3. Interview your DWI Lawyers;
4. Notice how they make you feel;
5. Ask their opinion about your case;
6. Find out about the attorney's fees;
7. Watch for danger signs;
8. Read reviews;
9. Don't rush your decision.

Getting a DWI is a stressful experience --- it can be expensive and lead to personal and work conflicts, regret, and more.  Looking for the best DWI lawyer may seem like just another thing to worry about, but hiring the right person can relieve a great deal of the stress that goes along with this situation. Undoubtedly, you’ll feel better knowing that you have someone who’s working for your interests and capable of reducing negative effects. By following the tips above, you’ll have a great chance of finding a competent attorney who can help you move past the incident quickly and with the best possible outcome. If you have any questions, please feel free to contact the Rolloff Law Office: (612) 234-1165

Minnesota Criminal Sentencing Options (Explained)

Like with any story, people want to know how it ends.  As an experienced Minnesota Criminal Defense Attorney one questions I get a lot is: What Will My Sentence or Consequences Be?  Listed below are how the majority of cases are resolved in the State of Minnesota.

Case Outcomes

Through a trial or plea bargain negotiations, there are several possible outcomes to any case.  The benefit of a plea bargain is that you know what the sentence will be before admitting to the offense.  The possible outcomes for trial or plea negotiations are as follows:

• Dismissal - all charges dismissed ... pretty easy to understand, right;
• Continued Without Prosecution ("CWOP")  or Continued For Dismissal ("CFD"). Here, your case is set aside and p does not go forward for an agreed upon period of time - usually a year. Then, if certain conditions are met by the end of the time period, the case is dismissed;
• Stay of Adjudication - A plea of guilty is offered to the court, but the court does not accept it. If all conditions are met at the end of the probation period, the case is dismissed --- much like a CWOP or CFD;
• Stay of Imposition - The court does not impose the full sentence but puts you on probation with terms and conditions. At the end of the probation period, if all conditions are met, the conviction may be determined to be a lower level than charged, or (if negotiated) the case is vacated and dismissed --- often a Felony becomes a Misdemeanor;
• Stay of Execution - This is when a sentence is imposed, but some or all terms are not imposed, and the defendant is placed on probation. The execution of the sentence will be stayed ... conditioned upon terms that are up to the court --- this usually involves someone serving jail time on the county lock up as opposed to going to prison;
• Diversion program - Certain crimes or defendants are eligible for a programing that takes the accused out of the court system and puts them into a program designed to rehabilitate the offender. If all conditions are met, the case is dismissed.   
• Execution of the Sentence - This is when the judge imposes the sentence without any stayed condition.

  

Don't be afraid to get answers to your questions, before you spend your hard earned money.  Call or text the Rolloff Law Office - ANYTIME -  to get answers for ask these questions and any others: (612) 234-1165

Minneapolis Prostitution Attorney (Affordable)

Prostitution is the act of performing sexual acts in exchange for money. If you have been accused of prostitution you need an experienced Minnesota Criminal Defense Attorney to help you fight the charges.

Prostitution Charges (Explained)

When someone is arrested for prostitution, it is because the officer is arresting them for allegedly loitering for the purpose of soliciting sex from an individual. Many officers work undercover as johns and as prostitutes so they can arrest johns looking for sex from prostitutes.

Not all of these acts are indicative of prostitution. This is why a person can be falsely accused of prostitution.

In the case that an undercover officer is used, they pose as johns or as prostitutes and they look for key elements, such as the discussion of what acts will occur and how much it will cost. However, there can be problems with this process and the arrest procedure itself. If rights are violated, then the arrest can be deemed invalid. This type of undercover work can be considered entrapment.

Defenses (Explained)

All too often, officers go undercover --- and that can or cannot be considered entrapped, even if the accused feels like they have been entrapped. These types of sting operations are allowed for a variety of reasons without them being considered entrapment.

The key to this type of operation is what kind of non-verbal and verbal communication occurred. Your Minnesota Criminal Defense Attorney will dig deeply to find out what happened right before the arrest and will also thoroughly examine the police report, as well as interview witnesses. All of this information is used to create a strategic defense for you. Revealing the facts and using the law as it pertains to those facts will help build a strong case.

Prostitution is a serious crime - insofar as it is considered a type of sexual offense.  So, if you or someone you love has been arrested for as much the consequences can be rather harsh if convicted. If you have been accused of prostitution, you do have rights and the right to exercise them. To do this, you need a kick-ass, affordable attorney to help you. To find out what the Rolloff Law Office can do for you and your case, call (612) 234-1165 to schedule a free consultation.

Minnesota Boating While Intoxicated (Criminal Defense)

Summer in Minnesota is great for boating ... and it is also a time for BWIs.  BWI stands for “Boating While Intoxicated.” and it is (and it isn't) the same as a Minnesota DWI charge, but indicates that the offender was operating a boat under the influence rather than a car.  

What is BWI?

In Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08). As like with a DWI, violators of this law can be charged with a crime --- BWI ---  (Boating While Intoxicated) and be subject to a court proceeding and consequences.  If you need help with such a charge, you should contact an experienced Minnesota Criminal Defense Attorney.

What Happens if Your Are Arrested for A BWI?

The consequences of a Minnesota BWI arrest are nearly the same as those of a Minnesota DWI offense. 

A first time BWI charge is a Misdemeanor punishable by up to 90 days in jail, payment of a fine of $1,000, and suspension from operating a boat/watercraft for 90 days of the boating season.

As with Minnesota DWIs, a Minnesota BWI charge is an enhanceable offense, meaning that if certain “aggravating factors” are present, the charge becomes a more serious offense --- even a Felony --- with significant sanctions.  

BWI Aggravating Factors 

A BWI can become more serous based on a number of things, including:

Operating a boat with a blood alcohol concentration of .20 percent or more;
A prior conviction for DWI or test refusal in the 10 years leading up to the charge; and
A passenger under age 16 on the boat or watercraft at the time of the offense.

The presence of any of these factors will result in a higher degree of BWI being charged --- even a Felony.  he higher the degree of BWI, the stricter the punishment. Below are the penalties for gross misdemeanor BWI offenses:

• A fine of up to $3,000
• A longer period of mandatory jail time
• Participation in long-term monitoring programs
• Chemical Dependency assessments
• Loss of driver’s license privileges
• Plate impoundment of all motor vehicles owned by the offender
• Forfeiture of the boat involved in the incident

A felony BWI charge is the most serious. In addition to the above sanctions, felony BWI offenders can be sentenced to (in addition to those things listed above):

• Three to seven years in prison; 
• Up to $14,000 in fines; and
• Extended periods of license revocation

An experienced Minnesota BWI defense lawyer can help keep you or someone you love from suffering the worst consequences for these charges.  Regardless of the degree of your offense, call the Rolloff Law Office to help you review your charges, get the right answers and resolve your case in a favorable way.

Shoplifting & Theft (Explained)

Of the "minor" crimes that I work with individuals on as a Minnesota Crimianl Defense Attorney - SHOPLIFTING is one that I believe that can cause the most damage outside the courtroom when it comes to EVER getting another job.  Seriously... in this age of instant background checks --- a drug charge or a DWI is not the detriment that an old, small mistake you made when you were a teen and pocketed that Chap-Stik without paying

Shoptlifting (Explained)

There are numerous acts that can be considered theft according to Minnesota law. A person can be charged with a theft crime if they do any of the following:

• Take, use, transfer, or conceal another person’s property without consent and with the intent to deprive the rightful owner of possession
• Steal property or services by false representation, trick, or swindle
• Find lost property and fail to attempt to give the property back to the rightful owner
• Purposely take property out of a money operated machine without depositing money
• Alter or remove identification numbers on property with the intention of preventing identification of rightful owner
• Steal cable through unauthorized connections
• Divert corporate property to use for something other than general business purposes

A person’s specific charge and sentence depends on the circumstances surrounding the alleged offense. The prosecution will consider both the value of the stolen property as well as how exactly it was taken when determining the ultimate sentence.

Consequences

A person can face felony charges and a potential sentence of up to 10 – 20 years in prison and $20,000 – $100,000 in fines if:

• The stolen property or services is valued at $5,000 – $35,000
• The property is a firearm
• The property is a trade secret or explosive

If the stolen property or services is valued at $1,000 – $5,000 a person can face up to five years in prison and fines of up to $10,000.

A person can be charged with a gross misdemeanor theft offense if they steal property or services valued between $500 and $1,000. This carries a potential sentence of up to one year in jail and/or $3,000 in fines.

A misdemeanor theft charge occurs when a person steals property or services valued at less than $500. This offense is punishable by up to 90 days in jail and fines of up to $1,000.

There are numerous exceptions and defenses to these consequences. Anyone charged with a theft offense should contact the Rolloff Law Office at (612) 234-1165 as soon as possible to discuss possible defense strategies for their case.

Minnesota Traffic Stops - (Explained)

Late last year, MPR reported that Minnesota Lynx player Seimone Augustus was stopped for having an air freshener hanging from her rear-view mirror.

Now, technically, this is against the law. And as a result, the police can conduct a stop for any violation of the traffic laws, "however insignificant."State v. George, 557 N.W.2d 575, 578 (Minn. 1997).

As a practical matter, the police often use minor technical violations as a reason to stop a person in the hopes of getting information or evidence relating to a more serious matter.

As a Minnesota Criminal Defense Attorney, I can tell you that tiny infractions like this turn out to be BIG problems.  Here are some (IMHO) helpful suggestions if you're stopped by law enforcement:

1. Be polite and respectful;
2. Do provide your identification and proof of insurance, if asked; and
3. Understand that you do not have to answer incriminating questions or make statements admitting that you broke the law.

If you have been stopped and issued a citation or charged with a crime, please contact the Rolloff Law Office so we can discuss how we can help.  Call today: (612) 234-1165.

What Does a Minnesota DWI Cost? (Explained)

Minnesota Drunk Driving charges come with severe penalties.. In addition to  license revocations, you could also be facing a HUGE fine and a conviction for a misdemeanor or even a felony - which means jail time.  Costs associated with a Minnesota DWI go well beyond the fees of an experienced Minnesota Criminal Defense Attorney.

Driver’s License Reinstatement

Fines related to your license being revoked depend on whether this is your first conviction or second DWI. These fees are nothing compared to the long-term costs associated with being convicted of a third or fourth offense. If that should happen, your license is cancelled indefinitely and/or you could go to jail for up to seven years.

If your driver’s license is revoked in Minnesota, you’re required to pay a reinstatement fee plus a license application fee for either a first or second conviction.  Total cost --- around $700

Alcohol Awareness Classes

Your history of DWI arrests, the circumstances of current arrest - such as your blood alcohol content (BAC) and your score when you completed a chemical health evaluation - determine how many hours you are required to attend classes as part of your probation requirements. Costs range from $250 – $400 for a 12-hour program and a 24-hour program, respectively.

Legal Fees

Because every case is different, a reputable attorney will not charge you for the initial consultation. During the consultation, the lawyer will learn all the facts and circumstances involved in your particular case. Most reputable criminal defense lawyers charge a “flat” fee, which ensures representation throughout the trial, regardless of the number of hours the lawyer works on the case or whether the case is dismissed or resolved through plea negotiations.

For more serious cases such as a fourth drunk driving conviction where jail time is likely, the higher the cost will be to defend you. For lower level crimes such as first offenses where probation or fines are likely, the price is less.

Like in all industries, when it comes to legal representation, you get what you pay for.

Let's stop this madness --- call today to get the answers you need.  Rolloff Law Office - (612) 234-1165

What Should I Do If I’m Stopped by the Police?

Here's a couple of easy answers to some hard questions about contact with the police from an experienced Minnesota Criminal Defense Attorney.  

I.  Do I Have To Answer Questions If I am Stopped by the Police?

No, you don’t, not under any circumstances. But note this twist that surprises some people: the safer you feel, the more likely you are to incriminate yourself.  So, what should I do if I am stopped by police?  I’ve discussed this before, but it merits fine tuning.

II. Am I Under Arrest?

If you are stopped by police and talk to them and you are free to leave—such as if you are not in a squad car or police station, or if you have been told you are not under arrest or are not a suspect in a crime—what you say to the police can be used against you without a prior Miranda warning or an opportunity to have your lawyer present.

III. If You are Under Arrest

Once you’re under arrest or “in custody,” the police cannot use what you say against you unless you have been Mirandized first and told that you have a right not to speak and to have an attorney present.   The basic distinction between whether you are or are not under arrest is whether you are free to leave.

But it is not illegal for the police to allow you to feel free to leave so you will talk to them–then they arrest you five minutes later.  (Trust me - It happens.)

IV. I Got a DWI. When Was I Under Arrest? What Should I Do?

Most of my clients tell me that they were not given their Miranda warning until long after they were stopped by  the police.  In a “typical” DWI, the suspect will be stopped, questioned in the car (“have you been drinking tonight?”), given field sobriety tests (heel-to-toe walk, follow the pen with your eyes), handcuffed, placed in the squad car, driven 20 minutes or so to a police station, and questioned some more before being Mirandized.  Anything you say during this process can and will be used against you even though you were not advised  of your right to remain silent or to have a lawyer, because you were not under arrest yet (even the handcuffs do not constitute arrest if the police say that the handcuffing was “for officer safety”).

V. Don’t talk to police without your lawyer present

This goes for individuals who are innocent.  Click HERE)

If you're reading this after the fact --- help can still be had.  Please call the Rolloff Law Office today to set up a free consultation: (612) 234-1165.

Minnesota Fleeing (Explained)

Last week I met with a woman who (it's alleged) briefly attempted to evade police with her young daughter in the vehicle --- and is now being charged with Felony Fleeing Police in a Motor Vehicle and a DWI.

The police officer attempted to stop this young woman when he pulled up behind her vehicle and noticed that her license plates were expired. She then pulled into a business' parking lot. When the officer stepped up to her vehicle's driver's side window, she informed the officer that she did not have a driver's license or the vehicle's registration. The officer then instructed her to stay in her vehicle while he returned to his squad car. She then drove away. After the officer pursued her for less than a mile, she again pulled over where she taken out of the vehicle and arrested.

Here's the Scoop

A person may be charged in the State of Minnesota with Fleeing a Police Officer in a Motor Vehicle, a Felony, if the person does any of the following in an attempt to evade police after the officer signals the driver to stop:

• Increases their speed;
• Turns off their headlights or taillights;
• Fails to stop; or
• Uses other means to evade police.

The penalty for said offense up to 3 years and 1 day in jail, as well as a fine of up to $5,000.

What Does This Mean For You?

If you are driving your car and a police officer signals you, whether by lights and sirens or otherwise, you should pull over. Taking action to evade the police may result in a felony charge for Fleeing a Police Officer in a Motor Vehicle, which would be in addition to whatever other charges you may be facing, such as Drunk Driving. Fleeing police and DWI are serious charges. However, when there are additional factors, such as a minor child in the vehicle, a high blood alcohol contraction, etc., the complexity of the situation is compounded and the penalties are often enhanced.

Fleeing the police in a motor vehicle and DWI have serious consequences and require experienced representation. If you think you might be charged or you have been charged with Fleeing a Police Officer and or DWI, contact an experienced Minnesota Criminal Defense Attorney for a free consultation. You need an experienced attorney fighting to protect you - call the Rolloff Law Office today: (612) 234-1165.

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

Hiring a Minnesota Criminal Defense Attorney

As you might imagine --- the (all too often wrong yet) number one question I get about who to hire as a Minnesota Criminal Defense Attorney is: "How much is this going to cost me?"

Now I'm not so dumb as to not understand that price is a huge factor when one contemplates the person they are going to hire to represent them in court; however, it should never be the only point on which that person focuses.  As an example, here's a situation I was party to recently:

What Would You Do?

Imagine two attorneys, each presented with the same criminal case by an individual searching for representation.

The first attorney is honest with the potential client, telling him that it is unlikely that the case will prevail at trial, and that the matter will most likely be resolved through a plea agreement (as is the case with almost every criminal case).  The attorney then tells the potential client that the fee will be relatively low, and offers to take the case for $1,000.

The second attorney has a different strategy; he tells the potential client that the case can be beaten, promises the individual the world, tells him exactly what he wants to hear, and offers to take the case for $3,000.

Assuming the client earns an average income, which attorney is she likely to take?

The answer: Almost invariably --- the 2nd Attorney.

Although the first attorney is honest and fair priced, the dishonest and expensive maverick will get the case.  Even if the second attorney never delivers on his high promises, it is of no concern to him; he’s already been paid.  Criminal cases usually require payment in advance (especially if there is a chance the client will be incarcerated at the conclusion of representation), and due to ethical concerns criminal cases may not be contingent on the outcome.

Now What?

Frankly, I don't dig the idea of being dishonest or scarring my clients into hiring me (even if it might earn me a bigger retainer.)  Others might not have an issue with it at all.

Because I'm affordable, because I'm honest --- I can sleep at night,  A promise I make to anyone who places their trust in me is that I will go after their case like it was my name on that file.  They will never not know what they need to know - even the hard stuff --- and in the end, they will (hopefully) have been spared getting screwed - by the courts and me.

What can someone who needs an experienced Minnesota Criminal Defense Attorney do?  My #1 suggestion is to find someone you can trust.  Referrals from family and friends are a good place to start.  It might also be a good idea to do some shopping - some tire-kicking.  If you visit three or four attorneys, you should be able to get a decent idea of what to expect in terms of price and results.  Remember, the two are not always related.  Call The Rolloff Law Office to and set up a FREE CONSULTATION: (612) 234-1165.

Minnesota Criminal Defenses (Explained)

Believe it or not, if you've been charged with an offense, you (or your experienced Minnesota Criminal Defense Attorney) does not have to prove you're innocent --- but you do need a good defense.  See, to convict a criminal defendant, the government must prove him guilty beyond a reasonable doubt. As part of this process, the defendant is given an opportunity to present a defense. There are many types of defenses, here are some of the most common ones.

Didn't Do It

This is the most common defense and often involves the claim that the accused did not commit the act in question.

Reasonable Doubt

The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is in fact reasonable doubt.

Alibi

An alibi defense consists of evidence that a defendant was somewhere other than the scene of the crime at the time it was committed. For example, assume that Freddie is accused of committing a burglary on Elm Street at midnight on Friday, September 13. Freddie's alibi defense might consist of testimony that at the time of the burglary, Freddie was watching Casablanca at the Maple Street Cinema.

Self-Defense

Self-defense is a defense commonly asserted by someone charged with a crime like assault.  Here, the defendant admits that he did in fact commit the crime, but claims that it was justified by the other person's threatening actions. The core issues in most self-defense cases are:

• Who was the aggressor?
• Was the defendant's belief that self-defense was necessary a reasonable one?
• If so, was the force used by the defendant also reasonable?

Self-defense is rooted in the belief that people should be allowed to protect themselves from physical harm. This means that a person does not have to wait until he or she is actually struck to act in self-defense. If a reasonable person in the same circumstances would think that he or she is about to be physically attacked, that person has the right to strike first and prevent the attack. However, an act of self-defense cannot use more force than is reasonable -- someone who uses too much force may be guilty of a crime.

The best defense is a good offense.  If you're looking for help with a criminal case --- call the Rolloff Law Office and set up a FREE consultation.  There is more to every offense than whether someone did or didn't do something.  Learn your options.  Call: (612) 234-1165.