MN Domestic Assault Charges (Victim's Rights)

Domestic assault, believe it or not, one of the most commonly charged crimes in State of Minnesota ... and, if not handled properly, can carry significant consequences.

Honestly, it is not an exaggeration ... if your significant other or family member says you struck them, or even placed them in fear of being harmed ... that is all it takes to be arrested.  

However, often those expressions - ie., that someone believed they were in fear of being harmed are not what the alleged victim actually says; rather, it is the "rush to judgment" conclusion of the officer on the scene ... and can lead to (without that person's say-so) their loved one being hauled off to jail --- often an unintended consequences of a call to the authorities.  

The State "Presses Charges" - not the Victim

One thing many people do not learn until well after the fact is that, if the alleged victim does not want to “press charges”, even if she changes her story or admits she lied, the charges do not get dismissed on that statement.  As an experienced Minnesota Criminal Defense Attorney, I have dealt this situation ... ie., "she doesn’t want to press charges" ... and many believ that this will lead to an easy dismissal of a case.  Sadly, that is often not true.  

I think we'd all take some comfort in knowing that once an accusation has been made, if that individual has lied or misunderstood a perceived incident can come forth and tell the truth, and spare the accused the very real consequences of criminal prosecution.  Unfortunately, the tactics of many prosecuting authorities, officers, and even non-profit shelters and similar organizations, encourage the alleged victim to stick to her story, no matter what.  This has become systemic.  

What is a DANCO?

A Domestic abuse no-contact order, or “DANCO”, prevents the ability of the 911 caller to have subsequent conversations with the accused which might clarify the circumstances of the incident.  An order for protection may do the same.  The accused is automatically arrested, preventing any contact with other witnesses or demonstration of evidence proving the alleged victim’s story is not true.  From the beginning then, both parties are isolated from one another, and the accused is isolated from everyone, leaving only the accuser free to function and assemble a case, and be influenced by other people.

You’ll often see staff from shelters sitting in court, consulting with the woman afterward, speaking to police and the County.  To be clear, these shelters do great work and help and protect thousands of abused women every year, especially when they have no place to live or hide from an aggressive stalker.  However, at times,  staff from these facilities function as an agent of law enforcement, and in a handful of cases, they shelter and alleged victim from her obligation to tell the truth.  It doesn’t help that these incidents are often not black and white, and perhaps the accuser wants separation, but has embellished her story and only qualifies for the benefits of this shelter while she sticks to her story.  There may be children involved, and sometimes family attorneys and shelter staff will end up advising the accuser to stick to her story put her in the best position to have custodial advantage.  

Earning a Dismissal

Perhaps the greatest act of true violence to the truth, however, is when the state threatens their “victim.”   Again, we have a justice system that SHOULD encourage the truth.  We should not have to wait until a trial with sworn jurors and the accuser under oath to hear the truth.  This happens more often then people would like to think.  In fact, when push comes to shove, it happens nearly every time.  We have personally fielded calls from victims in tears saying they made it up, and that they told the prosecutor, and the case still is not dismissed.  We never ever put down our shield and sword, and continue to fight the case through trial.

If you’re charged with domestic assault, the fact is you cannot rely on your accuser to close your case.  You need an experienced Minnesota Criminal Defense Attorney that understands procedure, investigation, and who will do the witness preparation that the state apparently won’t.  The fact is, with a “not guilty” plea, and a trial setting, if your lawyer sends an investigator to speak with the accuser and she recants, the state cannot call her as a witness just to get in her statement to police.  That is a rule born out of some complicated case law.  That statement CAN be suppressed, and the case can be dismissed on the day of trial, if you hire a lawyer that understands the rules of evidence, and who can secure the necessary information ahead of time.
  

If you’ve been accused of Domestic Assault, you need to contact an experienced St. Paul & Minneapolis Criminal Defense Lawyer who serves the south metro area such as Apple Valley, Eagan, Lakeville, Burnsville, Woodbury, Farmington, Rosemount, and Northfield.  Call the Rolloff Law Office - today - to set up a FREE CONSULTATION: (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

Hiring a Minneapolis Defense Attorney (Explained)

If you or someone you love has recently been arrested, accused or is under suspicion for any crime, then you’re probably going through one of the most frightening times you’ll ever experience. Don’t suffer without getting proper legal advice from an experienced Minnesota Criminal Defense Attorney.  

Why Hire a Lawyer?

The Rolloff Law Office is a Minneapolis-based Criminal Defense Attorney and Lawyer who can offer the right legal representation for the right price - for a whole host of situations.  

Don’t risk your credibility - your future - give a Minneapolis and Minnesota Criminal Attorney at (612) 234-1165.

CRIMINAL OFFENSES

The Rolloff Law Office has worked thousands of cases representing clients on any manner of matter.  With over 10 years experience in the legal court system, Jay Rolloff will provide you with compassion, dedication and personal legal advice when you need it most. He represents people Our clients facing:

• Violent crimes charges including assault, robbery and burglary;

• Sex crimes including criminal sexual conduct, rape;

• Drug offenses including possession of drugs, trafficking and transportation,sale of narcotics and manufacturing of drugs; and

• Other offenses such as DWI and DUI arrests, vehicular homicide, domestic violence. 

What's Next?
If you’re found guilty of any criminal offense you could face hefty fines, jail time, community service, mandatory counselling, loss of privileges or probation.

Even after you have served your time, you may have trouble finding work and accommodation with this black mark on your record – don’t let one mistake ruin the rest of your life.

There are several defense strategies to take when facing any offense. The Rolloff Law Office will assess your case, interview witnesses, consult with experts and determine the best defense tactics for you.

It is important to act fast when facing an arrest and criminal conviction.

Call today: (612) 234-1165

Minnesota Stay of Adjudication (Explained)

There are a lot of ways to conclude a case that can have the effect of not adding to your record --- even when you plead guilty.

In any case, your experienced Minnesota Criminal Defense Attorney can help you avoid a long-term mark on your criminal record (even if you plead guilty) by negotiating a Stay of Adjudication.

What is a Stay of Adjudication?

If you are guilty of an offense (or it is likely you would be found to be) - this is a decent outcome because  the offense can be kept off of your record if you successfully complete probation.

How it Works

Yes - you have to plead guilty.  However, the judge does not accept the plea.  What this means is that a conviction is not entered against you --- and if you successfully comply with the conditions the court puts on you (during the period of the stay) --- at the end of that time the matter is dismissed.

If you are charged with ANY offense, and you do not want take the matter to trial --- a Sty of Adjudication is the best possible way to avoid any conviction going on your record.  As a Minnesota Criminal Defense Attorney I have negotiated a number of these accommodations   If you want to find out how to avoid a conviction - even though you maybe guilty - call the Rolloff Law Office at (612) 234-1165 to set up a free consultation.  

MN DWI Arrests (Mandatory Holds & Conditional Releases)

When a person is arrested for a first-degree (felony) or second-degree Minnesota DWI crime, the person must be taken into custody and detained until the person’s first court appearance, at which time the court generally sets bail and specifies conditions of release. Unless maximum bail ($12,000 for gross misdemeanor DWI) is imposed, a person charged with any of the following offenses may be granted pre-trial release from detention, but only if the person agrees to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements. An experienced Minnesota DWI Attorney can assist you and your family with issues like these.

 

What Offenses?

 

These are the offenses that will lead to mandatory action by the court:

• a third implied consent or DWI violation within ten years;
• a second violation, if under 19 years of age;
• a violation while already cancelled as inimical to public safety for a prior violation; or
• a violation involving an alcohol concentration of .20 or more.

Further conditions apply to a person charged with a fourth or more violation within ten years, including:

• impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven; a
• requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and
• a requirement to reimburse the court for these services upon conviction for the crime.

What To Do Next
Take the next, right step.  Call the Rolloff Law Office today for a free consultation.  The government has lawyers working against you.  It's time to get someone on your side who knows the ropes and will use that knowledge to protest your rights and your future.  Call (612) 234-1165 to begin the process of reclaiming your freedoms. Affordable, agressive and an ass-kicker.

The Top 5 Minnesota DWI "Rules"

Although there is really only one foolproof way to "beat" a Minnesota Drunk Driving arrest, there are some things that you can do to protect yourself from doing the government's work for them. 

Sure, if you follow these "rules" it is quite possible that you will be arrested; but, if you don't follow them, it is just as likely that you'll be taken into custody. The difference between the two?  Well, for one, you can save yourself from giving law enforcement the kinds of evidence that they will later use against you in court.  In addition, you might make it easier for an experienced Minnesota DWI Attorney to win you a favorable result - when and if you are ever charged with Drunk Driving.

It goes without saying that the easiest way to avoid the attention of law enforcement - when traveling on the highways and byways of the State of Minnesota is to follow the rules of the road.  This includes - abiding by the speed limit (the most common circumstance I've seen for the cops to initiate a vehicle stop,) not texting and driving, wearing your seat belt, coming to a complete stop for stop signs and/or traffic lights, and driving entirely within your lane of travel.  If you've failed to heed this warning, then you need to follow these rules.

#1 - Never Admit to Drinking

Don't get me wrong, any contact with law enforcement is bound to be stressful and often, a certain human-instinct kicks in where you want to be helpful. If you're like me, you either believe you can negotiate your way through the situation - proving your innocence to the police officer - and/or you somehow come to think that if you cooperate with him that he'll take some sort of pity upon you and in the face of (often) insurmountable evidence just let you go.  Believe me, neither of these courses of action is better than doing and saying nothing.

When the police start asking you about where you've been, where you're going, or what you've been drinking - believe it or not their #1 concern isn't - or your well being; rather, what they're trying to do is gather information - that they might use against you at a later time.

Remember, your right to remain silent - you don't have to answer these questions. Instead, offer up you identification information and then graciously zip your lip.

#2 - Field Sobriety Tests - Don't Do 'Em!

In the past, I've tried to make my opinions known on this issue - here, here, and here.  The simple truth of the matter is - virtually nothing you can do during the performance of these tests is going to make it any less certain that you will not be arrested.  Remember, your performance on these "tests" is being judge by someone who thinks you've been driving drunk.  With that said, isn't safe to assume that he is not going to be looking for your successes; rather, his focus is going to be on your failures - where you're performance is not perfect.  Therefore, this rule is a simple one -  say No to the Field Sobriety Tests.

#3 - The Portable Breath Test - Don't Do it!

The reasons for this are the same reasons as for why you should politely decline doing the Field Sobriety Tests - you don't have to, it doesn't help you, it helps the officer make his case against you, and they're often unreliable.  In addition, this test is not allowed to be entered into evidence in your case.  Again, just say NO to the PBT!

#4 - Exercise your Right to Speak to Minnesota DWI Attorney
If you do as I've suggested you do - it is all but certain that at some point you'll be arrested.  At that moment, you're supposed to entitled to speak a Minnesota Criminal Defense Lawyer. Once you ask for an attorney, the police are should stop any questioning of you and take the reasonable steps to get you get in touch with a lawyer. That's your Constitutional Right - use it. Don't let the cops try to talk you out of it. I know this is going to be hard to understand, but asking for a lawyer does not make you look guilty. It makes you look smart. People ask for attorneys because they need an expert help them deal with the police. Don't be afraid to get help.

#5 - Treat the Police With Respect - Even if They're Rude to You 

DWI investigations are not fun - for anyone. And believe it or not, that kind officer who on another occasion helped find your dog, may not have that same disposition when it comes to dealing with you when he thinks you've been driving drunk.

No matter how hard it can (and often will) be - you have to remain calm and hold your tongue. If you don't - your actions will be used against you later --- this I can assure you. The calmer you remain and the less you let the cops get to you - the better your case.

---

The next time you are stopped and investigated for Drunk Driving, put these five suggestions to use. You'll be glad you did. If your reading this after you've been stopped (and thinking - "where was this before I was so stupid?") don't fret. Just because you've been arrested for a DWI does not mean you will be convicted of that offense.

Take the next right step - be smart, now, and contact an experienced Minnesota DWI Attorney to explain to you your rights and to fight for you in court.

Top 5 Things To Do When Stopped by the Cops - DWI Edition

I've done it - and maybe you have too. You're out with friends or family and you have a couple of drinks with dinner. Not feeling "drunk" - you get in your car and you drive home. The next thing you know - BAM - there are red and blue flashing lights in your rear-view mirror and soon you're being asked by the police - "Sir, how much have you had to drink this evening?"

As you may already be aware, it isn't illegal to drink alcohol and drive. But... it's natural, when encountered by the cops, to feel nervous or even to be scared when you've had some alcohol, drove and then by the police.

Knowing what to do in that situation is essential. Believe or not, how you react can go along way toward determining whether or not you'll wake up in your own bed the next morning - or - in jail.

Here are 5 tips that could help you navigate a stressful situation.

#1 - Don't Do the Cops Job For Them - Don't Talk About Your Drinking 

We all have Constitutional rights - the greatest among them is the right to remain silent and the right not to incriminate ourselves. These rights exist whether or not you are under arrest and when you are in your car and an officer is asking you questions - above and beyond name name and date of birth. Don't be afraid to respectfully exercise these rights.

When the cops start asking you about where you've been, where you're going, or what you've been drinking - believe it or not their biggest concern ususally isn't about you - or your well being. What they're actually do is gather information - that they might use against you at a later time. Often, these exchanges are the beginings of a DWI investigation. Remember, you don't have to answer these questions. Offer up you identification information and then graciously zip your lip.

2. Don't Do the Cops Job For Them - The Field Sobriety Tests

Did you know, you have no obligation to participate in the roadside gymnastics/field sobriety tests that an officer might ask you to take? Sure, you're going to want to cooperate - right? It's natural to feel as though you can "impress" the officer by trying to do what he asks. But believe me, you are taking quite a risk - because if this officer decides you've failed these silly little tests, you're going to do more harm to his or her impression of you than you could have ever done good.  Plus, field sobriety tests won't tell an officer (or anyone else for that matter) if you can safely drive a vehicle. Rather, all they do is give that officer much more information to use against you later to prove that your were driving drunk.

3. Don't Do the Cops Job For Them - The Roadside Breath Test (the "PBT")

The reasons for this are the same reasons as with why you should polite decline doing the field sobriety tests - you don't have to, it doesn't help you - it helps them, and they're often unreliable. Again, just say no.

4. If You Feel Uncomfortable - Ask to Speak to a Minnesota DWI Attorney

The moment you're placed under arrest - you are supposed to be entitled to a Minnesota Criminal Defense Lawyer. Once you ask for an attorney, the police are should stop questioning you and take reasonable steps to get you get in touch with a lawyer. That's your Constitutional Rights - use it. Don't let the cops try to talk you out of it. I know this is going to be hard to understand, but asking for a lawyer does not make you look guilty. It makes you look smart. People ask for attorneys because they need expert help to deal with the police. Don't be afraid to get help.

5. Remain Calm and Treat the Police With Respect - Even if They're Rude to You 

A DWI investigation is not fun - for anyone. And believe it or not, that kind officer who on another occasion helped find your dog, may not have that same disposition when it comes to investigating you for a crime.

No matter how hard it can (and will) be - you have to remain calm and hold your tongue. If you don't - your actions will be used against you later --- this I can assure you. The calmer you remain and the less you let the cops frazzle you the better your case.

The next time you are stopped and investigated for a Drunk Driving, put these five suggestions to use. You'll be glad you did. If your reading this after you've been stopped (and thinking - "where was this before I was so stupid?") don't fret. Just because you've been arrested for a DWI does not mean you will be convicted of that offense.

Be smart, now, and contact an experienced Minnesota DWI Attorney to explain to you your rights and to fight for you in court.