Hennepin County Expungement Attorney

When a someone has been convicted of a criminal offense attempts to  put their past behind him/her ... to move forward with their life ... often they are reminded of their poor decisions because of a criminal record. 

A past conviction could have the effect of harming one;s ability to secure employment or pursue educational opportunities. Some states, including Minnesota, allow some offenders to have their records expunged.  Do you want to put your past --- in the past --- then contact an experienced Minnesota Criminal Defense Attorney and see if you qualify for an expungement.


What's an Expungement?

Expungement is the process of going to court to ask a judge to seal a court record. When a record it sealed ... it cannot be made known to the public and it generally stays off of any background checks.  

What Kinds of Cases Can Be Expunged?


What Types of Cases that Could Be Expunged?

The laws in Minnesota changed at the beginning of 2015, allowing a judge to seal more criminal records and convictions. This law also allows the court to order other governmental agencies to seal their records. However, not all cases can be expunged.

According to Minnesota Statute 609A.02, a person could seek record expungement if:

• All pending actions or proceedings were resolved in favor of the petitioner;
• The petitioner has successfully completed the terms of a diversion program and has not been charged with a new crime for at least one year since completion of the diversion program;
• The petitioner was convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and has not been convicted of a new crime for at least two years;
• The petitioner was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime for at least four years; and/or
• The petitioner was convicted of or received a stayed sentence for a certain felony violation and has not been convicted of a new crime for at least five years

According to the new law, some of the felony violations could include a controlled substance in the fifth degree, sale of a simulated controlled substance, unlawful acts involving liquor, contempt, failure to appear in court and receiving stolen goods.

If a person has been charged with a certain controlled substance offense and the proceedings have been dismissed, he or she could petition to have all records relating to the arrest, indictment, trial and dismissal sealed.


Juvenile Records?

If a juvenile has been prosecuted as an adult in Minnesota, he or she could petition to have the criminal record sealed if he or she is finally discharged by the commissioner of corrections or if he or she has been placed on probation by the court and discharged from probation after completed the requirements.


Domestic Assault?

Under state law, a person charged with a domestic violence offense, such as felony assault by strangulation, would not be allowed to have the record sealed. Additionally, crimes that require registration also would not be able to be expunged. This includes murder, kidnapping and criminal sexual conduct, according to Minnesota Statute 243.166.

J.M. Rolloff is a skilled Hennepin County Expungement Attorney who can help you determine if your criminal record is eligible to be sealed. The process of sealing a criminal record can be complex and often quite lengthy. Having a former prosecutor who is experienced on both sides of the law can be beneficial to your expungement. Call The Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165

Affordable Criminal Defense Lawyer (Apple Valley)

Unlike a trip to your favorite restaurant, you are unlikely to find - when visiting an attorney  - a flat rate for his services based just on the alleged crime committed.  Instead, as an experienced Apple Valley Criminal Defense Attorney, when I determine a total cost I lok at a number of factors.  

Why Do You Charge What You Charge?

Some common considerations --- that go into determining how much money you can expect to spend on your legal services include:

1. Your Case (Type/Level of Offense)

The largest factor in determining the cost of my services depends on exactly what you’re asking me to do. For example, hiring an attorney to get you out of an assault charge is going to cost more than paying him to get you out of a traffic ticket.  Another big factor is how much time I/we will need to spend reviewing, preparing and fighting your case. Again ... I'm not going to need a whole lot of time getting up to speed on a Driving After Revocation ticket; however, something like a DWI or a felony controlled substance crime charge --- that will often involve a lot more work.  

When we meet --- and I know what you want/need me to do --- and what I can do --- I should be able to give you an idea of how much time I'll need to get you that result at the initial, free consultation.


2. Experience

Often ... the more experienced an attorney is, the more money he is apt to charge you.  (And, going to an inexperienced may save you money at the outset, but if they can’t secure an outcome - that considers not only the short term consequences ... but, also looks at where you might be five-years down the road - you might end up paying more or getting a worse sentence in the end. 

As a former prosecutor, I saw many people overcharged and under-served.  I try to be fair ... because I know that not everyone has a ton of money to thrown at situations like this.  
   

In the final analysis ... money (although an important consideration,) should not be the only metric you use to gauge who might be the right lawyer for you.  Call or set up a FREE CONSULTATION with the Rolloff Law Office today.  I'll explain what I can do, and how affordable it can be.  Call: (612) 234-1165.

Minnesota DWI - Field Sobriety Tests (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about DWIs.  One common inquiry is about Field Sobriety Tests.  Here's some info that you need to know.

Minnesota Field Sobriety Tests

A police officer, after pulling over a driver for suspected Drunk Driving will usually say something to the driver: 

“I need to have you step out of the car and do a few tests to make sure you are okay to drive."  At the time, the driver is not told that he/she has the option to refuse those tests. 

Here’s the skinny. 

Almost always, the purpose for the Standardized Field Sobriety Tests (SFST) is to gather evidence against you to be used at trial. 

The Truth

There are two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose a clever defense attorney gets the test kicked out. They can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFST. They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 

The one exception (sort of) to this is the preliminary breath test (PBT) --- that little box that officers have you blow into on the side of the road. 

If you refuse to blow into the PBT the officer can place you under arrest and ask you to do a blood, breath or urine test. But, the PBT is not admissible in court (except for persons under 21) to show the existence of alcohol or if you later refuse the blood, breath or urine test.

Need help, with a Drunk Driving accustation, feel free to call the Rolloff Law Office to get FREE ANSWERS and set-up a consultation: (612) 234-1165

Minnesota Criminal Defense - Get Free Answers? (Explained)

 

Before you commit to a lawyer ... personally and financially ... you should get information.  As a former prosecutor, and an experienced Minnesota Criminal Defense Attorney, I can give you a road map as to the where, what, who and why of your legal dilemma.  To make you feel comfortable, please understand that your first consultation is FREE. 

If you're considering meeting with an attorney, but you don't know if we can help, or if you can afford our high-quality personal service, contact the Rolloff Law Office now. 
  

We handle most criminal cases on a flat fee basis and accept credit cards. Because each case is different, after reviewing your case we will tell you up front if we can take the case and what it will cost. You then have the option of hiring us to deal with the case-at-hand.

I am straightforward and honest about what I can do to help and what it will cost --- only paying for what you need.  Call today: (612) 234-1165

Dakota County DWI Questions

As a Minnesota Criminal Defense Attorney I get a lot of questions ... lots and lots of questions.  Here are some answers to the most frequently asked about Drunk Driving arrests.

What is BAC? 

Your BAC ... or blood alcohol content ... determines whether the government charges you with a DUI ... and at what level. In Minnesota, the BAC limit is (.08). If your BAC is (.08) or higher, police may arrest you for driving under the influence, or DUI. You may also lose your license.

What is an ignition interlock device? 

Ignition interlock is a device is used to monitor the behaviors of convicted drunk drivers --- attached to your vehicle. It requires the driver to provide frequent breath samples in order for the engine to start --- and for the vehicle to continue to operate.  According to state law, drivers whose licenses are canceled and whose privileges are denied as “inimical to public safety” are required to enroll in the Minnesota Ignition Interlock Device program in order to have their driving privileges reinstated.  Having this device in your vehicle can also help you to get back on the road sooner ... not having to have to wait-out the license revocation period.

Will I go to jail for my first DWI? 

Safe answer: It depends.  However, based on the facts of your case, you can avoid that shame.  A lawyer can help you, if the government is pressing for jail, help to negotiate an alternative too. 

Do I really need a DWI defense lawyer? 

No.  However, it can't hurt to talk to one ... or even hire one so as to increase chances of having the charges against you reduced or possibly dropped. 

Get answers to YOUR questions.  Schedule a FREE CONSULTATION with the Rolloff Law Office.  Call: (612) 234-1165

Apple Valley Shoplifting Attorney

Theft is a term that encompasses various offenses. It is the defined as the act of taking services or property from another individual intentionally, and with the intent to deprive the owner of them permanently, without their authorization or consent.

Theft crimes can be categorized as felonies, misdemeanors or gross misdemeanors --- the of offense is typically determined by the value of the services or property stolen, the person you allegedly stole from, and whether the theft involved a dangerous item such as a weapon, explosive, or vehicle.

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In Minnesota a theft charge may lead to harsh penalties such as hefty fines and imprisonment, mandatory counseling, community service, and paying restitution to the alleged victim. Moreover, since theft is viewed as a crime of dishonesty a conviction will make it very difficult to find employment and even housing.  This is why you should seek some professional insight from an experienced Minnesota Criminal Defense Attorney.  

Because of the seriousness of a theft/shoplifting charge, it is important that you have a lawyer with a proven track record in criminal defense help you.

The Rolloff Law Office has extensive experience and has had great success in defending shoplifting/theft criminal cases. 

Time and time again, I have won DISMISSALS and NOT GUILTY verdicts for my clients in Theft cases. 

Call me --- I'll explain the best defense strategy and how I will fight to win your case. You are presumed innocent. Just because you have been charged with theft does not mean you are guilty.

To protect your future, call The Rolloff Law Office  today: (612) 234-1165.

Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.