Disorderly Conduct/Obstruction of Justice (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions. Recently I have been asked about Disorderly Conduct and Obstructing Legal Process.  If what I have posed below does not help, please feel free to Call the Rolloff Law Office to set up a Free Consultation,

Disorderly Conduct is charged when a person does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

• (1) engages in brawling or fighting; or
• (2) disturbs an assembly or meeting, not unlawful in its character; or
• (3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

See Minn. Stat. § 609.72

Obstruction of Legal Process is charged when a person intentionally does any of the following:

• (1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;
• (2) obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties;
• (3) interferes with or obstructs a firefighter while the firefighter is engaged in the performance of official duties;
• (4) interferes with or obstructs a member of an ambulance service personnel crew, as defined in section 144E.001, subdivision 3a, who is providing, or attempting to provide emergency care; or
• (5) by force or threat of force endeavors to obstruct any employee of the Department of Revenue while the employee is lawfully engaged in the performance of official duties for the purpose of deterring or interfering with the performance of those duties.

See Minn. Stat. § 609.50

The Rolloff Law Office can help you address all manner of criminal charges.  Call today for FREE ANSWERS: (612) 234-1165

Hastings Criminal Defense Lawyer - Affordable

Any individual who seeks legal services already knows they need the help of an experienced Minnesota Criminal Defense Attorney. That being said ... the should not have to go to law school to understand the legal system.

Having had been at this for some time, I am well aware that individuals who have been arrested for something are frightened about the consequences they may face. They have been through an emotional experience. They don’t understand the legal process and they can be frustrated by people who speak in legal jargon. 

One of my jobs is to explain to individuals what their rights are, to look at whether any of them have been violated and to explain how the court system works — to make it a lot less intimidating and frightening.  If you or someone you love has caught a case, you likely think that there is serious trouble ahead.  My goal is to talk straight ... to tell the truth ... and by shining light on the dilemma --- help everyone understand what they’re facing and what the possibilities are.

I take the time to explain in a language they can understand exactly what the issues are. I know how to ask the right questions. They can explain to me in their own words what happened and I can translate that from legal jargon into what their rights and responsibilities will be.

I do that throughout the whole process, not at just the first meeting.... through the whole case.  

For any criminal defense legal services you think you might need, please feel free to contact the Rolloff Law Office for a FREE CONSULTATION and to earn a clear understanding of what your options are.  CALL NOW: (612) 234-1165

Minnesota Domestic Assault (Explained)

In the State of Minnesota, Domestic Assault can be charged as a Misdemeanor, Gross Misdemeanor or Felony, and can have lasting negative consequences to the accused and his/her family. 
If you, or someone you know is charged with Domestic Assault, you should contact an experienced Minnesota Criminal Defense Lawyer to get answers and help you earn the best possible outcome in your case.

What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction? 

Domestic Assault No Contact Order (DANCO). Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is very common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the case has been resolved.)

Often the issuance of a DANCO order creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.

While DANCO orders can be lifted in some circumstances, it is not uncommon for the alleged victim of Felony Domestic Assault to remain at the property (even if they don’t own it) while the defendant in the case is forbidden to return to the property (even if they own it). In these situations, lucky defendants find family and friends to stay with while the Felony Domestic Assault case is pending. Unlucky defendants find themselves incurring expensive hotel or motel bills while the DANCO order is in place.

Anger and Chemical Use Assessments. Most judges will order an individual convicted of Felony Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well. 

After the assessment process is complete, the Judge (or probation) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.

Harm to Employment/Employment Prospects. Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.

Why you should contact Minnesota Domestic Assault Attorney Jay Rolloff?

I'm a former prosecutor with more than a decades experience in prosecuting/defending people charged with Domestic Assault. To find out how to resolve your case in the most favorable way possible for you, contact The Rolloff Law Office for A FREE CONSULTATION on your  Domestic Assault case. Call (612) 234-1165.

Minnesota Under 21 Drinking and Driving (Explained)

Drivers under the age of 21--- who have been suspected of drinking/drugging and driving --- are subject to criminal penalties and other consequences, including: driver’s license suspensions. In the State of Minnesota, there is no tolerance for a person under 21 to have any alcohol in their system at all - when driving. This means the standard law that states a person cannot have a blood alcohol concentration (BAC) over .08 does not apply.  With this in mind, it is smart to contact a Minnesota Criminal Defense Attorney to assist with this dilemma --- because every arrest does not have to lead to a conviction.  

If you --- or your child -- has charged with underage Drinking and Driving and/or a DWI (two separate offenses) then you need a Minneapolis DWI Attorney who has worked with young drivers --- helping to avoid harsh consequences and to get back their suspended driver’s licenses.

UNDER 21 DWI PENALTIES
The law in the State of Minnesota apply to drivers of all ages --- when it comes to DWIs. A person has to have an illegal substance in their body at the time they are driving the motor vehicle. Although alcohol is not illegal, it is when a person is behind the wheel of a car. The main difference in the law between drivers under the age of 21 and those that are 21 and over is the BAC content. 

Additionally, there are certain factors that apply to underage drivers that do not apply to drivers over 21. Those are:

Drivers that are 16 or 17 years old and charged with DWI are tried as adults and not juveniles. This means that they are subject to the same penalties and consequences as adults. However, they cannot be sentenced to adult correctional facilities.

VANESSA’S LAW

Vanessa’s Law, named after 15-year-old Vanessa Weiss who was a passenger to a 15-year-old unlicensed driver, was killed in an accident. In 2004, the law went into effect and it states that anyone under the age of 18 and who is under the influence of drugs or alcohol must do the following:

• Wait to obtain their license or permit until the age of 18
• Pay up to $680 in fees before receiving their driver’s license
• Pass a knowledge test before becoming a licensed driver
• Complete a classroom driver education course
• Hold their permit for at least 3 months before applying and testing for their license

Minnesota has a Not a Drop Law for drivers under 21, which means there is no flexibility for these young individuals at all. So if charged with an under 21 DWI, it is very important to call upon a Minneapolis DWI Attorney to help achieve the best outcome possible.

If you need help with an under 21 DWI or you have a child who has been charged, you are most likely experiencing fear for the future and a lot of confusion. The step to take is to call the Rolloff Law Office at (612) 234-1165 to set up a free consultation.  Get answers --- before you take another step.   

MN Defense Attorney - FREE ADVICE

As a Minnesota Criminal Defense Attorney I get a lot of questions ... here are some of them and some answers you might want to consider.

Do I really need an attorney?

In most cases the answer is “yes”.  A Minnesota Criminal Defense Attorney can assist in gathering all the relevant information and witnesses, analyze the police reports for constitutional violations, and help you navigate through the procedures for hearings and a trial.

Should I give a statement to the police?

Everyone wants to be able to tell their side of the story... however, there is a time and a place for that (all too often) - at a trial.  Although the police may act sympathetic, they are not on your side and any statement you give can be used against you later.  Until that point, only tell your side of the story to your attorney.

What is the difference between petty misdemeanors, misdemeanors, gross misdemeanors, and felonies?

A Petty Misdemeanor is generally a traffic offense such as speeding and carries a maximum fine of $300 with no possibility of jail.

A Misdemeanor carries a maximum possible sentence of 90 days in jail, $1000 fine, or both.  Charges such as theft, Disorderly Conduct, and first-time DWI offenses are misdemeanors.  Jail time is rarely imposed for misdemeanor offenses, but it depends on the facts of the case and the criminal history of the defendant.

A Gross Misdemeanor carries a maximum possible sentence of 1 year in jail, $3000 fine, or both.  Charges such as Driving After Cancellation, theft of over $500, and second or third-time DWI offenses are gross misdemeanors.  Jail time is commonly imposed for gross misdemeanors and is required by statute in the case of DWI gross misdemeanors.

Felony sentences are prescribed by statute but carry at least 1 year and 1 day of prison time.  Charges such as controlled substance crimes, burglary, and fourth-time DWI offenses are felonies.  Some amount of jail time is almost always imposed for felonies. 

What if I am charged with a felony?

Felony charges are the most serious crimes in Minnesota and carry the largest penalties including a potential prison sentence.  These cases are rarely as simple as they may look and an attorney’s assistance is crucial. A felony sentence will also generally carry with it years of probation, intensive supervision requirements as part of that probation, and a requirement that you provide a DNA sample to the State. 

The officer never read me my Miranda Rights, am I off the hook?

Probably not, despite the widespread use of the Miranda warnings in pop culture, it is only required in a narrow set of circumstances.  If the police want to interrogate you while you are in custody, they must read you the Miranda warnings.  That statement is far more legally complicated than it looks – get an attorney to advise you whether a Miranda violation has occurred.

Do to the all too high costs of hiring a lawyer ... a lot of people will ask me --- Shouldn't I just try to handle this case myself?

Probably not --- and I am not saying this because I am a lawyer   Consider that, in the courtroom the judge is not on your side and cannot advise you how to proceed with your case.  The prosecutor is not on your side, in fact, he or she gets paid to convict you.  Therefore, you need someone on your side who can offer informed advice about how to proceed in your case.  Surely you would seek the expert help of a doctor when you are sick.  A criminal charge is no different – get an expert on your side.

Need more answers - call The Rolloff Law Office: (612) 234-1165

Should I Hire a Minnesota Defense Attorney?

It can be hard to decide whether to hire an attorney for your case. Here are a few of the benefits of hiring an experienced Minnesota Criminal Defense Attorney, in the event you are facing criminal charges.

• Pleading Guilty Without an Attorney Is Often More Costly

There are many long term and short term consequences to pleading guilty to any crime in Minnesota. As a former prosecutor, I can inform you of all the consequences and costs that may result from the criminal charges you are facing and assist you with making an informed decision about your case. Factoring in all the consequences and penalties you are facing from the criminal charges, the expense of hiring one of our attorneys is often less expensive than pleading guilty guilty without a fight. 

• Time is Important, Delaying Can Hurt Your Case

Preparing an aggressive and successful defense for any criminal case requires a time commitment from your attorney. The earlier in the process you retain a lawyer, the quicker he can begin to request discovery from the prosecutor, investigate and gather facts, and prepare an aggressive defense for your case. 

• Going Through The Process Alone Is Hard

When you are charged with a crime, you are alone. Law enforcement officers, prosecutors, and judges are not there to help you or your case. Your lawyer is the only person with any influence in the courtroom that is on your side, throughout the whole process. A strong and powerful relationship between you and your attorney is built on communication and trust. You will need to trust your lawyer with important information and facts relating to your case, and also be able to rely on the advice given to you by your attorney.

If you have questions - call the Rolloff Law Office today.  All consultations are FREE: (612) 234-1165

Affordable Attorneys (Explained)

Finding an affordable Minnesota Criminal Defense Attorney can seem an impossible task, especially during tough economic times.  Unfortunately, this results in many "not-rich: individuals being unable to secure private counsel, which has a number of downsides.  Not the least of which is that the "free" lawyers --- the Public Defenders find themselves overworked, and those accused of crimes find themselves losing faith in the justice system.

Thankfully, there are lawyers, like the Rolloff Law Office, who employ technology (among other cost cutting means) to keep costs down, which should translate to lower overall rates.

First, I maintain an electronic filing system.  Cloud computing has helped lower the risk of data loss, and if files are maintained electronically the attorney can save money on paper, ink and storage.  Electronic files are also easier to search, access, and share.

Second, I use the new e-filing system currently being implemented in many Minnesota courts.  The courts are notoriously slow, and the costs of running government centers and courthouses is enormous.  As a way to save costs, many counties have begun an electronic filing initiative called “e-file.”  Filing court documents electronically will save paper and ink, and help with office management.

Finally, but certainly not least, is the effect of modernity (meaning, my office isn't  a palace --- or a shrine to my ego) Trust me, fancy art on the wall might make you think the lawyer has his sh*t together ... but how does that accomplish your goals.  Seriously, I get just as much done - without having to feed my ego.  Shoot, with a phone, computer, printer and fax machine, a lawyer can accomplish everything they need.

Not all firms are up to date.  Buyer beware: a higher price doesn't mean a better result.  Higher fees might simply be the cost of antiquated methods rather than quality representation.

What Should You Do?

Get the most for your money.  Call today: Rolloff Law (612) 234-1165.  Free consultations... and agressive affordable legal representation.

Fight an Order for Protection/Harassment Order (Explained)

Orders for protection, or restraining orders, are typically issued to prevent further abuse, stalking, or domestic violence. Orders for protection require the person to stay a designated number of feet away from the person filing the order. They may also include additional provisions. If you have no idea what I;ve just set-forth here, you may need a Minnesota Criminal Defense Attorney to assist you.  

Minnesota Restraining Orders

Minnesota restraining orders (order for protection) may be for a short amount of time or last up to two years. Once filed a restraining order prohibits any contact to be made with the person who filed the order. During divorce cases restraining orders can be extremely difficult and painful, especially when children are involved. Restraining orders may also keep a person away from their home during a divorce case.

Although restraining orders are designed to keep citizens safe from abuse and harassment, they may also be filed out of revenge or punishment. If this is the case the restraining order must be fought immediately with force in order to resolve the situation. 

Minneapolis Personal Protection Order Attorney

If a spouse, family member, or other person has filed a restraining order against you that is unjust contact the Rolloff Law Office today. I understand that divorce cases, family matters, and other situations become complicated and emotional. This does not excuse orders for protection filed out of revenge or punishment, and I'm dedicated to fighting them to the fullest extent.  Free Consultations: (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.