Minnesota Shoplifting (Explained)

If you have been arrested or cited for petty theft (ie., shoplifting) - you may think the situation is bad.  Don’t just give up and assume there is nothing to do.  You’re facing a possible theft charge that can have devastating effects on your future.

What Can Be Done?

In a shoplifting case, like any other, I, as a Minnesota Criminal Defense Attorney, look at a case from three ways:

I.     Do you have any factual defenses?

Assuming everything in the police reports is true and accurate, does it all add up to the elements of the charge you’re accused of?  If you’re charged with theft, can they prove that you had the specific intent to steal?  How can they overcome whether or not it was an accident or mistake on your part?  If you’re charged with burglary, can they prove you had the intent to steal before you entered the store?  I know they’re subtle distinctions, but they are necessary elements of the crime the prosecution must be able to prove beyond a reasonable doubt. From there, we know that the reports are not always 100% accurate. 

II.     What in the report doesn’t add up? 

Are the times, sequences or witness statements conflicting with each other?  Are there obvious errors in what happened that can be easily torn apart? When I consult with my clients, we review the facts of the case down to the smallest detail to see where the gaps in the case are.

III.     Do you have any legal defenses?
Because most shoplifting cases involve a “private person’s arrest” (sometimes called a “citizen’s arrest”) by the store personnel, they are not necessarily under the same rules as the police.  Under the laws of the State of minnesota, they do have a right to detain a person they suspect of shoplifting.  If they search you, they don’t have to have a warrant or probable cause like the police do.  But that doesn’t mean that they can do whatever they want.  The store loss prevention officers (a.k.a. security) must still act within the law and appropriately.  I have had cases where the loss prevention agents spied into dressing rooms - a clear violation of criminal law.  This can absolutely be used to our advantage in your defense.  Similarly, if the store security guards used excessive force, that can lead to a tremendous advantage to you either in negotiating your case or fighting it at trial. From there, the actions by the police - Miranda warnings, searches or other police procedures can factor into how to defend your case.

If the facts and the law are against you, how can I best protect you?



Assuming the facts and the law are stacking up against you, what can be done?  Often, there can be alternative dispositions worked out, hopefully to avoid a conviction for a misdemeanor theft offense.  Diversion, deferred entry of judgment, reduction to a misdemeanor or non-theft related charge are all potential outcomes.  Every case is unique, but by working together well before your court date, there are things you can do to help get me in the best possible position for a good outcome in your case when I go to court on your behalf.

If you or someone you love needs legal help - with a Shoplifting or Theft case - call the Rolloff Law Office today: (612) 234-1165.  Don’t wait until the last minute before you are due to appear in court.  Give me a call and we can discuss the details and where we’re headed with your case.

MN DWI - Alcohol Monitoring (Explained)

If you have been cited for a first or second-degree Minnesota DWI, you could find yourself subjected to alcohol-sensative monitoring time - even before you're ever found guilty and sentenced for a crime.  Upon arrest for certain Drunk Driving offenses, individuals face pre-trial conditions - often those include electronic home monitoring of possible alcohol consumption.

Often, as a condition of almost any DWI arrest, is abstaining from alcohol.  As the nature of those offenses becomes more serious - ie., that either the alcohol in your system at the time of the arrest was high and/or you have a history of being arrested for alcohol-related driving offenses - you could also be subjected to monitoring whereby you are constantly assessed to see whether you're in compliance with said condition. 

In the State of Minnesota, such monitoring is often invoked for people who fall into one of the following categories:

• A third alcohol related driving offense within the past ten years;
• A second such violation, if under 19 years old;
• A violation that occurred when one's license was already cancelled as inimical to public safety for a prior violation; or
• A violation involving an alcohol concentration of (.20) or more.

In addition to pre-trial monitoring, there can also be a post-sentencing condition imposed upon you as well.  According to state lawmakers, most third-time DWI offenders (and all DWI offenders under the age of 19) must submit to such "testing" for a for a period time while on probation - after they've been punished. 

What Can You Do?

Ask yourself this question: Are you ready to be monitored? It may not be up to you. But you can get the support, knowledgeable and experience of Minnesota DWI Attorney to help you and to ensure that your rights are protected and that the consequences imposed upon you are the best deal possible.

Call the Rolloff Law Office today to set up a free consultation.  Let me put my experience as a former prosecutor to work for you.  I'll use what the government taught me to your advantage.  Call today - (612) 234-1165.

Hiring a Minnesota Criminal Defense Attorney (Cost)

All too often when I field calls from individuals who have been charged with a crime who are seeking legal advice and representation- the first question out of their mouths is: “What do you charge?”

Although an important factor in any endeavor, in all do respects COST should not be the deciding factor when someone's rights, freedoms and ultimate future are on the line.

What Should Somone Be Looking For in an Attorney?

If you require the services of a Minnesota Criminal Defense Attorney, a major consideration that should be at the top of anyone's list is whether that lawyer is going to be aggressive and if he is going to fight for you and your defense.

Trust me, when you hire an attorney that will charge a flat fee (based on the amount of work necessary to defend you in court,) the cheapest attorney is usually not the best attorney. And considering that you only get one chance at these things - usually - it would be a serious mistake to hire a lawyer on cost alone.

What You're Up Against

The government's attorneys have almost unlimited resources available to them when it comes to prosecuting and proving their charges against you. As such, you need to hire a representative (and pay a fee) which will allow that lawyer to put in the necessary time and effort so that he can aggressively defend you and your rights.

When you hire the guy who charges the least, do you believe his attitude is going to be "whatever it takes" to defend you? Or is his attitude going to be: How quickly can we plead this case out? 

Why Does it Cost What it Costs?

One thing you're paying for when you hire a Minnesota Criminal Defense Attorney is his experience - his knowledge of the law an how "the system" works.  When you look for the lowest cost - chances are your sacrificing one of those things.  And believe you me, your reluctance to pay today could cost you much, much, much more in the future.  Again, you only often get one chance at these things; therefore, you need to think of the costs you incur today as an investment. An investment that seeks to ensure that you will not have to pay more in the future - by way of the impacts on your ability to work, your overall freedoms and your ultimate quality of life.

The Next Step

When you hire a Minnesota Criminal Defense Attorney, you should consider more than just price. Ask yourself this, in addition to the out-of-pocket-costs you'll incur --- what else is important to you?  Do you want personal attention, aggressive representation, someone who is experienced in getting his clients just and fair results?

Hey, I've worked on both sides of the aisle - as a prosecutor and a criminal defense attorney. I know the law, I know the government's schemes and motivations - and as a result, I know how to get my clients the results they desire.  Oh, and, I charge a reasonable, well-earned fee.

If you or someone you know needs effective representation - feel free to contact me today to schedule a free, no obligation consultation.