Maple Grove Prostitution Arrest (Explained)

Being charged with solicitation of a prostitute is a humiliating experience that can be devastating to your reputation and family relationships. While the penalty for this crime can vary greatly depending on the circumstances, even simple solicitation charges deserve the attention of an experienced Minnesota Criminal Defense Attorney.

Prostitution and Minnesota Law

Under typical circumstances, the penalties for solicitation and prostitution are not as severe as other crimes. A first offense for soliciting a prostitute is a misdemeanor carrying a minimum fine of $1,000.  However ... if done in a public place, this may be increased.  Repeat offenders may also face a big fine and possibly jail.

Loitering with intent to either solicit or offer prostitution is also a misdemeanor. For those acting as prostitutes, a first offense is classified as a misdemeanor with a second or subsequent offense being elevated to a gross misdemeanor.

However, not all circumstances are considered "typical" and a charge of prostitution can do serious damage to a person's life.

Consequences (Beyond Court)

If you are here on non-immigrant visas such as an H1-B work visa, or are here illegally, the consequences of a criminal conviction go far beyond simply paying a fine or performing community service. You risk the revocation of your visa and possible deportation. With so much on the line, it is important to contact an attorney immediately to defend you.

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Prostitution arrests frequently involve undercover operations or surveillance. This raises certain evidentiary issues that an experienced Minnesota Prostitution Attorney is best equipped to address. If police violated your constitutional rights in the process of an investigation, an experienced attorney may be able to obtain a dismissal of the charges.


Is Solicitation of Prostitution a Felony?

Under most circumstances, solicitation of prostitution is a misdemeanor or gross misdemeanor. There are, however, some instances when it can be a felony. This includes soliciting a prostitute under the age of 18.

Depending on the age, the penalty can be up to 20 years in prison. Moreover, knowingly housing an unrelated minor prostitute can carry a penalty of up to one year in prison and a $5,000 fine. Lastly, a prostitution offense that would otherwise be a gross misdemeanor can be elevated to a felony if committed in a school zone or public park.

While acting as a prostitute is generally only a misdemeanor, the penalties for those who promote prostitution are very serious. A person convicted of sex trafficking in the second degree — which includes recruiting, promoting or receiving profit from prostitutes — can face up to 15 years in prison. In cases involving minor prostitutes, the penalty can be up to 20 years in prison and up to 25 years if certain aggravating factors are present. In addition, trafficking across state lines can lead to additional federal charges.

The Rolloff Law Office understands how important defending your reputation is if you have been accused of solicitation or other prostitution-related crimes. With free initial consultations and evening and weekend hours, I am available when you need me to address your concerns.  Call today: (612) 234-1165.

Maple Grove Prostitution Arrests (Explained)

A number of hig profile Prostitution Arrests have made the news recently.  If you are looking for help with such a charge, you first call should be to an experienced Minnesota Criminal Defense Attorney.  Just because someone has been arrested - it does not mean that they will me convicted.  Here are some defenses to such a charge.

1. Entrapment Defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.

2. Lack of Probable Cause Defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for prostitution. This means an explicit offer to engage in sexual contact for hire must be reached and documented. If the prosecution cannot prove that such an agreement occurred, the defendant can use this defense. It will be left up to a judge to determine whether the state has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

3.  Due Process Defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. For example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.
Prostitution is often an embarrassing charge that most offenders wish to keep under wraps. The prosecution knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have a knowledgeable attorney to help you through the complex legal proceedings.

The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is addicted to prostitution, the best course of action is to seek help. Call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165. 

Minnesota Drug Possession Charges (Explained)

Possession of drugs in the State of Minnesota is a serious crime, regardless of how much or how little you are caught with. However, there are ways to beat these charges.

Possession of Drug Crimes


If you are charged with possession of drugs - you can either be facing a felony or a gross misdemeanor complaint depending on the amount in your possession and the circumstances surrounding the arrest. 


All drug crimes are tried in a separate Minnesota court and follow a different set of rules. It is important that you seek legal advice from an experienced Minnesota Criminal Defense Attorney as soon as you are arrested or accused of any drug possession crime.


Examples of charges:

• Possession of narcotics with the intent to sell
• Possession of marijuana
• Possession of narcotics
• Possession of marijuana with the intent to sell
• Possession of certain chemicals with the intent to manufacturer
• Possession of drug paraphernalia

What Are the Consequences?

Your penalty will depend of a number of factors including how much drugs you had in your possession, what was the intent of having this drug and what drugs were you caught with. Your criminal record may also play a role in your punishment. If you have been convicted of any drug crime in the past, then you could be looking at more severe penalties this time around.  Penalties for drug crimes include fines and fees, community service, drug rehabilitation in some instances and jail time.

Defenses


Even the tiniest joint or minute traces of cocaine or methamphetamine can end up on your permanent record. Furthermore, if you are found in possession of scales, a pipe or plastic baggies, you could also be arrested for possession of drug paraphernalia. The more drugs found in your possession, the worse your punishment will be, especially if there are suspicions that you were planning on selling the drugs. Possession of drugs for personal use is considered a lot less severe than possession of drugs with the intent to distribute. However, a crime is still a crime and will end up on your permanent record if convicted.

It is important to understand that just because you have been arrested for drug possession does not automatically make you a convicted criminal, or a bad person. There are a number of defense strategies to take when faced with a possession drug crime. If the drugs are not clearly in your possession (in your pocket), then there may be a case for mistaken identity. You could plead that the drugs found in your car or house were not yours. If the drugs were discovered during an illegal search and seizure that violated your right to privacy, then the evidence collected cannot be used against you.  The Rolloff Law Office will assess your case, gather evidence, consult with experts and determine the best defense tactics to take for your situation.

What You Should Do Next

Don’t let one mistake ruin the rest of your life. The Rolloff Law Office is there when you need us most. It is important to act fast when facing an arrest and criminal conviction. Let me put my experience as a former prosecutor to work for you to provide an aggressive representation and the legal assistance you need to ensure the best outcome possible for your case. Call today to set up a FREE consultation: (612) 234-1165.

Minnesota Police and the 5th Amendment (Explained)

Based on a number of conversations I've had lately, it appears as though your Fifth Amendment right to remain silent, as set forth in the constitution, and Minnesota Law Enforcement's job appear to be more in conflict than ever. Why? Well, the cops know that almost anything you say can hurt your criminal case and as such they'll try stop at nothing to question you.  This is why, before you ever submit to any interrogation by a peace officer you should ask to have your Minnesota Criminal Defense Attorney present.

Why Would Anyone - Ever - Talk to the Police?

The problem is when we are accused of and/or even just asked about something we have this natural inclination to try and explain ourselves.  Where this becomes problematic is when law enforcement is involved and we try to convince them that we've done nothing wrong. What you may not know is that many police are: (1) not interested in the truth, and/or (2) already believe the first person who told them their story and, based merely on that, have already made up their minds about what happened.

Seriously,  a sort of "tunnel vision" sets in - and even if you offer a plausible alternative to what they believe has happened - they just won't listen.  Why?  Well, believe it or not the cops are often motivated by factors other than the truth. For example, they may be in a hurry with only a few minutes to spend on a certain case - and they just want to write their report, issue a summons and be done it. At other times, they have a number of open files -  stacked up one after another - so they get lazy. Or, they may not like you for some reason and have no interest in finding another suspect responsible for the crime your accused of committing. Therefore, it is simplest to just charge you --- and maybe the "truth" will get worked out later.  Finally, they may just want a conviction statistic more than they want the truth.

The Real Problem

The number one issue, in my opinion, is that law enforcement all too often believe the first person to call them - and from there on out (once they've talked to their "victim") they make up in their minds about what happened.  And, as a result, they talk with you (or anyone on your side) using that filter - listening only for incriminating statements and interpreting your words in a conviction oriented manner. Honestly, they pretend to want to get at the truth only to keep a suspect talking. Then, they write down all the negative things you say and ignore the positive.

Somehow, individuals accused in criminal cases forget that police are experts in getting convictions and that they are not your friend. Convictions are their job and they are good at it. Only with silence can the accused stop police in their tracks.

What Are You Going to Do?

If you have been contacted by police, exercise your Fifth Amendment right to remain silent and call The Rolloff Law Office at (612) 234-1165. Together, we can protect you, your family and your future.

Do You REALLY Need a Lawyer? (Explained)

If my experience as a prosecutor and as a Minnesota Defense Attorney has taught me anything it is that if someone comes forward and seeks help (and or volunteers information to law enforcement,) they will be prosecuted mercilessly.

Why? 

Well, apparently, that is our legal culture. 

Instead of working to redeem the fallen, the government all too often takes some perverse joy in punishing wrong doers.  Now, this does not mean that that's always the case, but our laws - in how they're written and applied - seem to default to this outcome more times than not.  Therefore, all rationality goes out the window - and as such I cannot encourage someone to go it alone or seek help (if their problem or issue is legal in nature) without someone who knows the "game" by their side every step of the way. 

This is why I am a criminal defense attorney - plain and simple.  If you're going to get kicked while you're down - you need someone at your side who can defend you and fight back because as much you and I would like to believe that the government has our best interests in mind --- that is just NOT always the case. 

What Should You Do?

Here's the deal, a lot of people (myself - at one time included) believe that their lack of cooperation or their desire to engage a lawyer before talking to law enforcement would end up being worse for them than if they just go in an explain themselves . Well, let me set you straight - that is simply untrue.  In all of my years of experience, I can barely recall a situation where cooperation (whether someone was innocent or not) worked out for the better.  

Here's what you have to understand, more often than not the government thinks they know what happened already - so instead of listening to your explanation, they're often only really looking for those things that you say and do that confirm their suspicions.  As such, "going it alone" or "helping the police" (who in turn say they'll help you) rarely turns out to be as simple as it sounds.

If you or someone you love is embroiled in some sort of legal dilemma - the best thing you can do to preserve your rights and your future is to talk to a lawyer - first - to understand exactly what you're dealing with.

Call the Rolloff Law Office today to find out more.   

Minnesota DWI - Asleep at the Wheel (Explained)

You can imagine that as an experienced Minnesota DWI Attorney I get asked a lot of questions from friends and family about how to avoid a Drunk Driving arrest. 

The most common of these often touch on the all too real belief that if they've had too much to drink, and they realize as much while they're driving, the best thing to do is to pull over and just sleep it off. 

In a lot of common sense ways this would seem to make sense; however, as was the case with this poor man from northern Minnesota (link) if the keys to said vehicle are anywhere in your immediate vicinity - you could be arrested and convicted of a Minnesota DWI.

Minnesota's DWI Law - Physical Control

In Minnesota, the law states that you can be charged with Drunk Driving if you have “physical control” over a motor vehicle when you have a blood alcohol level over the legal limit. And, by the looks of things, the courts take a rather expansive view of the that term - physical control.  So that if someone is in a position to even exercise the slightest dominion over their vehicle (and that much difficulty make the vehicle a source of danger) law enforcement is well within its rights to arrest you. 

Granted this interpretation begs all sorts of questions.  Such as: What if someone is merely walking to his or her car in the parking lot of a bar, after they've had too much to drink, with their keys in their pocket and merely intending to get something from inside it; or if someone is just doing some repairs on their hot-rod in the garage or drive-way and enjoying a few 'pops' while doing do --- What kind of liability are these people subject to?

What Should You Do?

There's the common law and there's common sense - and often the two do not always jive.  If you've been arrested for a Minnesota DWI - whether you were driving or not - your next, best move is to contact an experienced Minnesota DWI Attorney to learn your rights.  As a colleague of mine is fond of intoning, just because you've been arrested that does not mean you will be convicted.  Talk to someone who knows what they're doing - and learn how to fight for common sense interpretations of the law.

If you need to discuss a DWI arrest contact the Rolloff Law Office.  I have extensive experience, from both sides of the aisle - in assisting individuals charged with Drunk Driving.  Call (612) 234-1165 to set up a free DWI consultation - today.

What Does a Minnesota DWI Lawyer Do? (Video Evidence)

The criminal justice system is not a machine that works with the precision of a Swiss watch.  Rather, it is populated with human beings - and as such mistakes and errors in judgment abound. Not only is this true of judges and prosecutors, but where this really should matter to someone charged with a crime is when it comes to members of law enforcement.

Given the nature of a police officer's job - coupled with the power and the authority their afforded - it goes without saying that a Minnesota Criminal Defense Attorney's most important job is to ensure that any shortcomings in a cop's performance of his job does not result in the unfair prosecution of his client.

Cops and Drunk Driving

During a DWI arrest, law enforcement is required to follow a long and comprehensive list of guidelines.  These start with the initial stop of your vehicle and continue through to what's done back at the stations - and beyond.  When it comes to defending an individual charged with Drunk Driving, I would argue that it is especially important - because unlike most offenses - this charge can be made simply on the opinion of the officer himself.

What Does That Mean To You

Probably the most important technological advance, in the defending of individuals charged with DWI, has been the use of squad cars equipped with cameras that capture the situation and (hopefully) prevent abuse.

Video and audio recordings provide a perfect check on the tool generally employed by officers in the past - their police reports.  Having both sets of evidence, an experienced Minnesota DWI Defense Attorney can better review the assertions made by officers and note their truthfulness.

It all to often happens that there are differences in the words and descriptions used by the cops when they write out their reports and the preliminary notes - and - the video and audio tapes later put into evidence. In my time as a prosecutor and Minnesota Criminal Defense Attorney, I've often noted exaggerations, contradictory statements, a "bending" of the truth and/or even outright lies.

In any case where these things exist, serious questions can be raised before a judge as to the fairness and validity of an arrest and/or the ultimate charges levied against an individual.

The Little Problems

More often than not - it is not the big things listed-above that stand out when I view the video tapes and/or listening to the audio recordings. Rather, where the fight is rally engaged is in pointing out the procedural lapses and errors in judgment that officers commit.  As an experienced Minnesota DWI Defense attorney, I've examined hundreds of these recordings and found numerous mistakes, including: a lack of probable cause to stopping the arestee's vehicle, a failure to follow proper procedure when asking a driver to carry out field sobriety tests, not providing the required warnings, advice or options related to any requests for tests to determine an individual's blood alcohol content, failing to read a suspect his Miranda rights and/or allowing the him to contact an attorney before requesting a test; and in one case endangering an individual's life by conducting an investigation under dangerous circumstances along a busy highway.

What Should You Do?

Know this, the visual and audio recordings that may win you a favorable result also capture your actions and reactions too. Therefore, this is why you should calmly and reasonably cooperate with law enforcement if you are pulled over and questioned. 

If you or someone you love has been charged with a DWI, do no hesitate to contact the Rolloff Law Office as the soonest possible time. The sooner that I can get hmy hands on the video recordings of your arrest, the better your chances in determining if your rights have been respected throughout the process.

DWI Urine Testing (Explained)

It's enough to make you angry or even (to be a tad vulgar) - P*ssed Off. 

Minnesota, unlike nearly every other state in the union, insists on relying on an outmoded and (IMHO) unreliable means to determine an individuals blood alcohol-concentration - they test Urine. 

What's Wrong With Urine?

Urine samples, because of the wide array of problems and challenges available to an astute, experienced Minnesota Criminal Defense Attorney, are generally thought of as the least reliable of the three (blood, breath or Urine) types of chemical tests used to determine the amount of alcohol in an individuals system.

What does this mean for you? Well,the bad news is that it could lead to an unfair arrest and charges of Drunk Driving; however, do to the inherent problems in collecting and testing such samples - it could also be what gets your arrest and the subsequent charges dismissed.  Alas, the cost to getting to that point prohibits me from saying that that is "good" news.

What Problems?

There has been a lot of heated arguments made in court rooms throughout state around the issue of Urine testing as of late.  Often those battles are over: (i.) how the sample was collected and stored; (ii.) whether or not the person from who the sample was taken got a chance to first void his/her bladder before collection, and (iii.) if a warrant is necessary to collect such a sample in the first place.

What Should You Do?

The government has doctors, lawyers and various experts on its side - shouldn't you have the same sorts of protections working for you to ensure that they're doing their job correctly, that your rights are protected and so that you can get the outcome you desire?  If you answered YES to that question - you are taking responsibility, for yourself, your actions, and your future - as such, you should reach-out to an experienced Minnesota DWI Attorney.

The Rolloff Law Office picks apart every part of our client's DWI cases - from the conduct of law enforcement (their searches and seizures) down to an analysis of the scientific tests they require you to perform. No part of your arrest should  go unexamined.  Be smart, if you've been arrested (or believe that you will be charged with a crime shortly,) contact an attorney and learn your options.  Trust me - often it's the best investment against a uncertain future.

DWI Field Sobriety Tests - The Walk and Turn

Falling somewhere between the "Hokey-Pokey" and "Simon Says" - Field Sobriety Testing for Drunk Driving is an integral element in DWI prosecution - and defense. The tests are often used by an investigating officer to establish probable cause to arrest someone for DWI; and, in cases where no test of someone's blood, breath or urine was collected - one's performance on said tests can be used to ultimately determine whether there are sufficient indicia of intoxication to establish a per se violation of the Drunk Driving law.

With this awareness of the test's importance in mind, you would be suprised how many how many police officers, prosecutors, attorneys and judges lack even a basic understanding of their procedures and what one's performance on these tests actually determines.

So, even though it may feel a little silly, the next time you're throwing back a few "pops" - you might want to consider making yourself something of an expert on Field Sobriety Tests by practicing them - at a time in which your not under the watchful eye of a police officer.

Seriously, the better you understand the tests - the more familiar you are with the instructions, the performance thereof and what's expected of you- the better your chances might become at passing them. As my dad used to loved to repeat - practice makes perfect.

In the end, would that you and I were to be able to discuss taking these tests at all - I'd advise you (in no uncertain terms) to NOT take them.  However, if you feel you need to try and impress your new friend in law enforcement - I would suggest that you become intimately familiar with what these tests are really trying to reveal --- your ability to perform a task - at a time in which your attention is being pulled in more than one direction at a time.

The Walk & Turn Test - Explained

So as not to screw this up, police officers often read from a standard set of instructions when asking a driver to perform these tests.  (Click HERE for a video explanation.) What I would suggest of you - is that prior to performing this test, make yourself familiar with the instructions, and then attempt the test.  The better you understand what will be asked of you - I would posit --- the better your chance at success.

1. Place your left foot on the line (real or imaginary).
2. Place your right foot on the line ahead of the left foot, which heel of right foot against toe of left foot.
3. Place your arms down at your sides.
4. Maintain this position until I have completed the instructions. Do not start to walk until told to do so.
5. Do you understand the instructions so far?
6. When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back.
7. When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot. (Often the officer will demonstrate the exact turn he would like you to perform - pay attention.)
8. While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.
9. Once you start walking, don't stop until you have completed the test.
10. Do you understand the instructions?
11. Begin and count your first step from the heel-to-toe position as one.

Now try the test.

What the Officer is Looking For

While your walking the line, this is what the police are keeping the closest eye on:

• Did you keep your balance - while being instructed in the test?
• Were you able to touch heel-to-toe - what was the largest distance between the two?
• Did you keep your balance - while performing the test? 
• Did you sway?
• Did you "use" your arms to balance; did you raise them more than six-inches from your side?
• Did you start the test - before being instructed to do so?
• Did you stop in the middle of the test?
• How did you execute the turn - was it as instructed?
• Did you take the proper number of steps - or too few/many?

If an officer observes two or more of the above listed "clues" --- you have FAILED the test.

Now, knowing what you know, you may want to retake the test --- and in the privacy of your own home, you have that option. However, believe it or not, the certification manual for Field Sobriety Testing asserts to officers that if someone struggles with this test that he or she should NOT have a driver them re-take it - because the test loses its "sensitivity" if repeated.  Therefore, if you don't get your practice in now - odds are you're not going to get a 2nd chance to make a 1st impression on an officer in the field.

What You Should Do  

At the end of the day, as any experienced, Minnesota DWI Attorney will tell you, by performing these tests -  you cold do more harm than good to your case. However, if your so inclined - understanding what you might be in for - if you do choose to take these tests - could go along way toward keeping you from a DWI arrest. 

Arrests Don't Always Mean Convictions - Part 3

As I've gone on about before (and before,) just because someone is arrested - that does not mean that he or she will be convicted.  Upon a first reading of these facts - a driver crashes, has contact with someone who for all intents and purposes appears to be a police officer, is asked to have his blood tested to determine its alcohol content and refuses to do so - one would think that he's guilty violating Minn.Stat. § 169A.20, subd. 2 - which says that it is a crime if a driver refuses a request to take a chemical test to determine the alcohol content of his blood, breath or urine.

However, as the supreme court points out, that request for a test needs to be made by an actual police officer --- not just someone who holds him out to be one.

Granted, this issue is a novel one - and may not soon be repeated; however, this is exactly what keeps this country from becoming "police" state. 

If you're ever charged with a crime, you deserve to have every stone overturned, every fact examined and every issue analyzed.  Some people can do this for themselves, but just as you might not trust your next medical procedure to an untrained friend or family member - if you've been arrested, you owe it to yourself (and to your future) to contact an experienced Minnesota Criminal Defense Attorney.

Just because you've been arrested and charged does not mean that your fate is sealed.

Arrests Don't Always Mean Convictions - Part 2

Sometimes you have to keep fighting. If you lose at trial, you take your case to the court of appeals. If that court doesn't get it - then you take your arguments to the state's highest court.  As this story points out, sometimes you have to keep shouting until someone will listen.

Why?

Because if the cops have failed to do their job - within the rules established by the authors of the Constitution - then your arrest will not stand and you should go free.

Granted, this takes time, effort - and (all too often - a lot of) money. But, if your not guilty - you want to be vindicated - right?

When?

I think most people would agree - the sooner the better.

One way to ensure an earlier success than this poor young lady is to hire an experienced Minnesota Criminal Defense Attorney to look into your case for you. He or she should bring an extensive knowledge of what the government can and cannot do - and then review everything that happened to you through that lens; analyzing the police investigation, your arrest and even the prosecutor's handling of your case.

If it can be determined that something improper happened - like a bad stop or search , if your property was illegally seized or if your Constitutional rights were violated, your lawyer should seek to get the court to dismiss your case or ask the government to reduce the charges against you.

Sometimes that will happen before the case goes to trial - and other times it comes later --- but if you have the facts on your side - then law should follow. Hopefully that will happen sooner - rather than later.