How to Pass Field Sobriety Tests?

As an experienced Minnesota Criminal Defense Attorney, I am frequently asked questions about Drunk Driving.  A lot of people want to know:

How to pass the field sobriety tests that the officer gives - to determine if you are intoxicated.   Sadly --- here’s the secret: literally nobody who takes field sobriety tests ever passes.

Why?


Here's the reality of this situation: The officer administering the tests makes marks on a score sheet every time he observes something the officer wants to note. Each mark is more proof to support probable cause. No particular number of marks indicates a fail. Instead, each and every mark indicates one (or one more) indication of impairment. Then those marks, whether one or twenty, are included among other factors in a “totality of the circumstances” assessment of whether the officer had probable cause to arrest you.

Minnesota courts have held that even one of many ephemeral and subjective “clues” is enough to arrest, including “bloodshot, watery eyes,” “the odor of consumed alcoholic beverages,” or “an uncooperative attitude.” The rest is just more “evidence” to make the determination of probable cause stand up in court. Once you agree to step out of the car, the officer will note that you used the door or door frame to steady yourself (because nobody plants their feet and stands up without grabbing something). Anything you do from that point on, a walk-and-turn test, an eye test (Horizontal Gaze Nystagmus), or a one-leg stand, will simply add marks to support the probable cause finding.

Here’s the Secret

Don’t take them. You don’t have to stand on one leg, follow a pen-light with your eyes, or walk an imaginary line. You don’t have to blow in the PBT, the roadside breath test, although it is a crime, usually, to refuse the breath test at the police station. And you are not going to perform your way out of an arrest.

Feel free to call and set up a No-Cost Consultation - NOW - if you have questions for The Rolloff Law Office: (612) 234-1165

What to Expect From Your MN DWI Attorney (Explained)

If you find yourself at the mercy of the criminal justice system, charged with Drunk Driving, you probably already know you are in some pretty serious trouble. It’s not just the (all too often) mandatory jail that should scare you, but the mandatory fines and fees (typically approaching $1500) and the loss of driving privileges (up to 90 day driver’s license suspension on a first-time (misdemeanor) offense) that really adds insult to injury. If you find yourself charged with a Minnesota DWI you need to get a great Minnesota Criminal Defense Attorney – but what should you expect from them? Hopefully after you read this post you’ll have a better idea of what we can do for you.

A Minnesota Drunk Driving Lawyer is Not a Miracle Worker
If you are hiring The Rolloff Law Office (or any --- ANY --- lawyer) to come in and represent you on your Drunk Driving arrest and you’re expecting to walk away, and you’re going to be disappointed if you don’t, you are setting yourself up for disappointment. I hate to say that, but it’s impossible to guarantee a victory when you are charged with a DWI. There are bunch of reasons why, but the first and foremost reason is that the deck is stacked against us from the get go.

Any experienced Minnesota DWI Lawyer that you talk to that tells you he’s won more cases than he has lost is either lying to you or he hasn’t had that many cases. These things are hard to win. The laws are set up against you. If you want a great outcome, you’ve got to be willing to fight.

Your DWI Lawyer Should Fight Hard for You
If I would ever find myself charged with a Minnesota DWI (and trust me when I say one never knows when something like this could happen – even if you’ve had nothing to drink) there is one thing I would want to from my lawyer – when the case is over, I want to feel like we gave it everything we had, that we tried our best to win.

Fighting a Minnesota Drunk Driving arrest is a lot like playing a game of basketball against a team that is allowed to play with 7 players to your 5 and has the rules set up so that every time you try anything it’s a foul and any time the other team throws up a shot it goes in the basket. Those are the kind of odds we’re facing. The only way to win in a situation like that is to put your head down and outwork and out hustle the other team. Having that kind of advantage makes you lazy and prone to mistakes. By fighting hard you can create and take advantage of some of those mistakes.

(Maybe you're asking how I know these things - well --- if you've read my bio you know that I cut my teeth on the other side of the aisle.  Yes --- you go with me, and you're hiring a Minnesota Criminal Defense Attorney who learned the game from the inside - as a former prosecutor.) 

Who You Going to Call?

If you or someone you love needs help with a legal issue - like a Minnesota DWI - if you work with the Rolloff Law Office you'll be guaranteed unparalleled access to us, unparallelled effort, and unparalleled excellence. We fight the good fight. We go down swinging. We leave everything on the floor. If you need a Minnesota DWI attorney, please give us a call: (612) 234-1165

MN Criminal Defense Lawyers (Affordable vs. Cheap)

How many of us can agree that  just because something is more expensive does not make it inherently better.  On the flip side ... then isn't it true that: something that is cheaper than a similar product is likely just as good, and therefore a better value?  Not always.

When I was in school, as you can imagine, I lived on a tight budget.  These restriction forced me to cut corners and to do without.  But, what I came to learn - especially as it concerned my love for a certain chocolate ice cream - the bargain basement/generic brand just couldn't/wouldn't cut it. This experience taught me a hard lesson about value vs. cost.

Now, I did eventually find a suitable substitute and often (still) purchase it instead of my favorite - earning me an nice little savings each time I pick up a pint at the grocery store.  So, it isn't that all generic ice creams are disgusting, but the first one I tried sure was. 

How does this relate to hiring an attorney?  Just like with cheap ice cream, it's all about finding a Minnesota Criminal Defense Attorney that both fits your budget and your taste.

What Should You Pay?

In a perfect world, money would be no object for people when choosing a Minnesota Criminal Defense Lawyer and they would be able to meet with many prospects - determining which one is the best fit for them, and then happily write a check for whatever the agreed upon amount for representation ends up being.  Unfortunately, that's not the way the world works.  Most people need to shop for bargains for everything from ice cream to shoelaces.  Picking a Minnesota Criminal Defense Attorneys should be no different.

However, that is easier said than done when you future's on the line - right?  Seriously, how do you avoid getting the sh*thead attorney and having to learn your lesson the hard way?  There are a few things you can do to "test" lawyers when you meet with them that can help you figure out whether they're inexpensive because they're bad or just because they're economical.

What to Consider

First, don't bring up price with a lawyer before you talk about anything else.  The last thing I want to hear from a potential client as soon as I answer the phone is "I'm just looking for a price for..."  What this tells me is that their plan is to call a ton of lawyers to find out which one will agree to do it for the least money.  I don't want those clients.  I believe that my rates are exceptionally reasonable, and I have even been known to cut folks a deal in certain situations, but a client that cares more about getting a good price than they do about getting good representation isn't one that I want to work with. 

Why?

Clients like that are often less interested in participating in their defense and are less likely to ever pay the reduced fee they are looking for.  Don't be that kind of client.  If for no other reason, bring up cost at the beginning of a consultation is not effective because most lawyers will want to hear what they're dealing with before they'll give you a quote.  Minnesota Criminal Defense attorneys know their services are expensive and cost prohibitive for a lot of people.  If your case is interesting enough, some lawyers may be willing to meet you in the middle on fees.  You'll never find out if they are open to that if you offend them by complaining about money right away.

Second, have good questions ready when you call or meet with an attorney.  Most lawyers won't have all the answers for you during an initial consultation.  That's what legal research is for.  They should, however, be able to answer your basic questions regarding the type of punishment you could face, potential defense strategies, and your case's strengths and weaknesses.  If you meet with a lawyer that doesn't seem to know much about your charge, that's a red flag.  All attorneys will say things like "I'll have to look this up" or "this is somewhat unique, so I'll have to look at some cases," but those shouldn't be the only answers they offer.  Look for an attorney who appears to be up on current laws, precedents, and techniques in the field.  Attorney's who aren't will spend a lot of time looking up basic questions, which in the end will end up costing you money in billable hours.

Third, be extremely leery of any lawyer who's quote is significantly lower than other lawyers you meet with.  If four lawyers quoted you between $2500 and $3000 for a certain case, be careful of the attorney who says he can do it for $1000.  Rates that low can be indicators of three things:

1) This lawyer is so new to the game that he or she has no idea what their time is worth.  While I don't think experience is all it's cracked up to be (experience is something older attorneys highlight, while younger attorneys highlight how hard they work and the attention they'll give you), you don't want someone handling your case who clearly has no idea what they're getting into;
2) This lawyer, for whatever reason, has so much trouble finding clients that when someone calls them with a case, they will agree to pretty much any fee arrangement just to sign the client.  Aggressiveness is a good quality in a lawyer; desperation is not.  An attorney that is so desperate to sign you to an agreement that they're willing to charge 40% of what everyone else charges for your case is an attorney you'll want to steer clear of; and
3) This lawyer charges so little because he or she takes any and every case that comes across his desk and deals with a HUGE volume of work.  I call this the Costco theory of lawyering.  Costco can sell goods at reduced costs because they buy and sell so damn much of everything.  Their profit margin on each item might be a little less than a smaller store, but the sheer volume of transactions make them on of the most profitable companies in the world.  The issue with Costco is that their products and service aren't always top notch.  The same goes for attorneys who overextend themselves.

What Should You Do?

Basically, you need to use common sense when hiring a Minnesota Criminal Defense Attorney, just the same as you need to when purchasing a car, house, or ice cream.  If you feel comfortable with a lawyer and they meet your budget, your search is over.  If you feel comfortable with someone but they charge more than you're really prepared to spend, you need to decide whether it's worth the extended cost to get representation you'll be comfortable with.  If someone is in your price range but doesn't exactly instill you with confidence in their ability to handle your case efficiently and effectively, you're probably better off continuing your search.

There's no doubt that finding the right attorney can be an arduous process.  Whether you've been charged with Drunk Driving, a felony, a misdemeanor, a traffic violation, or a juvenile crime, contact the Rolloff Law Office at (612) 234-1165 to get a FREE consultation and see what it's like to have someone on your journey with you. 

Minnesota Criminal Defense Lawyer's Job (Explained)

It's often said that an experienced Minnesota Criminal Defense Attorney must wear many hats ... If you’re looking to hire a criminal defense lawyer, you don’t want someone who is known for his or her litigation skills, you want the best criminal defense lawyer in Minnesota.  With so many excellent attorneys to choose from in the region, how do you narrow down your selection and hire the one that can “do it all?”

There are plenty of articles about choosing a criminal defense lawyer, and at first glance many of them seem to be giving credible advice, at least until you notice the list of paid attorney listings below.  When you make a decision that could impact the rest of your life and try to find an attorney who will win your case, it’s a lot more involved than finding the one closest to your home.  As you already know, a conviction for a violent crime in Minnesota carries some serious penalties, perhaps even time in prison.  You will want to have the best attorneys fighting for you, both in the courtroom and behind the scenes.

To put it simply, unless you are qualified to work with a court-appointed lawyer, it will be your responsibility to look for the best criminal defense lawyer for your case.  This is one of those times where saving a few dollars and representing yourself is not recommended.  No criminal case is exactly like another, so it’s impossible to read up on your case and quickly learn how to present your case.  Experienced attorneys know all about the twists and turns, legal precedents and rules of the courtroom.  As a former prosecutor, I also offer something many of my colleagues in the defense game can't give you - that insider's perspective that comes with working for the DA.

Some Suggestions
Look for a criminal defense lawyer who can do the following to help your case;

• Work with you to negotiate a deal with the prosecutor.  Also known as a plea bargain, these deals can often reduce or eliminate a potential prison sentence, as well as many of the charges that were brought against you;
• In the event that you are found guilty, figure out an ideal sentencing program that will prevent you from ending up in the criminal justice system again.  This may include rehabilitative programs such as drug or behavioral treatment plans and 
• Navigate the Minnesota criminal justice system and educate you about the written and unwritten rules and court rules that must be followed throughout your case.

Who You Going to Call?

An experienced Minnesota Criminal Defense Lawyer can do all of the above - and more.  Find out more about me by calling the Rolloff Law Office today to set up a FREE consultation.  Dial (612) 234-1165.

Private Attorney or Public Defender? (Explained)

The United State's Constitution asserts that we all of a right to an attorney - and if you can't afford one, a lawyer will be appoint to represent you.  Now, you may not qualify for the public defender, but if you do, you may be wondering whether you should keep your public defender or choose to hire an experience, private, Minnesota Criminal Defense Attorney.

Public defenders are attorneys paid by the state, who do not choose their clients.  Similarly, you don’t get to choose which public defender you get.  In the case of private attorneys, individuals faced with a crime have available to them a wide array of lawyers with varying skill sets and fee structures to choose from.  Believe it or not, there are good, aggressive and affordable lawyers who can and will help you with your cases. 

Public defenders may be excellent lawyers, and many of them are; in fact, many excellent private criminal lawyers were once public defenders.  However, public defenders are incredibly busy and often handle a caseload that is simply unimaginable to a private attorney.  Because a private attorney chooses what cases he or she will take on, he can control his caseload and ensure that each client receives a high level of attention to detail.  If you are looking for an attorney to be available almost instantaneously on a 24/7 basis, a public defender may not be the way to go.

That being said, not all private defense lawyers are created equal – perhaps an obvious point, but an important one nonetheless.  Use your better judgment; you can glean a lot about the way an attorney will treat you once he has your money from the initial phone consultation and the initial in-office consultation.

Give This a Try

I got my start as a prosecutor - working for the government.  During my tenure working in the DA's office, I saw waaaaaay too many individuals who were under served and overcharged by their attorneys - public and private.  I also saw that there was a need to be filled for those individuals who didn't qualify for a public defender - but needed someone to assist them.

If you or someone you love needs help with a legal issue, call me to set up a FREE consultation.  I think you'll be surprised what some one in the know can tell you about your case - and how little it will actually cost to protect your rights and your future.  Call the Rolloff Law Office, today at (612) 61234-1165

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.

DWI - Implied Consent Hearings (Explained)

The State of Minnesota - like most states - presumes that any person who drives, operates, or is in physical control of any type of motor vehicle anywhere in the state consents to a test of his or her breath, blood, or urine (for the purpose of determining alcohol and/or the presence of controlled or hazardous substances - and their levels) in their body.

Minnesota's Implied Consent law permits the revocation of your driver's license - if you refuse to be tested or if the results of the test disclose the presence of a controlled substance (other than marijuana) or an alcohol concentration of .08 or more. (BE AWARE: One thing most people I speak to fail to understand that the license revocation process is completely separate from any related criminal prosecution they face.)

How to Fight a Revocation

In order to challenge the legality of this license revocation, you must file a petition for review by a judge within 30 days of the date of the notice of revocation. Failure to stick to this time line - forever waives your right to challenge it and ensures that this alcohol-related driving violation will remain on your driving record forever, regardless of the outcome of any related criminal prosecution.


Upon filing of the petition, the law entitles you to a hearing before a judge within 60 days. At that hearing, the Commissioner of Public Safety, who is represented by the Minnesota Attorney General's Office, will put forth any evidence it has  as to why it is seeking the revocation.

The issues generally contested include: examining whether the test you took was accurate and/or reliable, the legality of the stop of your vehicle, the basis for your arrest, whether you were sufficiently advised as to the rights and obligations you had - pursuant to the Implied Consent law, whether you someone actually refused to submit to testing and whether your rights to consult with a lawyer - prior to taking a test - where exercised.

Results

If the judge finds in your favor - and against the commissioner - your driver's license will be reinstated. If the judge sustains the revocation, you can appeal that order to a higher court. 

Do I Need an Attorney to Fight my Revocation

Although I have expressed my opinion on this issue, time and time again, if you consult the back of the Notice and Order of Revocation form issued you - either at the time of the test (if it is a breath test) or later by way of the mail (if your blood or urine were examined) - there is some information about the procedures available for challenging the license revocation. Although the information is accurate, I would suggest that it does not provide enough detail to enable the average person to do the job him or herself.

As such, while it is not required that a person use an experienced Minnesota DWI Attorney to handle an Implied Consent case - the technical requirements and the legal issues are fairly complex.

At a minimum, even if you decide to go it alone, if you're considering challenging your revocation - you should consult with a lawyer regarding the specifics of his case. If you have a good case, you may want to seriously consider seeking out the services of the attorney to handle the paperwork and represent you.

In the end, the more information you get - the better. Remember, just because you've been arrested - it does not mean that you'll be convicted.