Minnesota Juvenile Defense Lawyer

I'm sure that almost ANY parent would agree that --- you want to do what is best for your kids. You want to protect them, believe the best of them, and hope to ensure a future for them that is better than your own - right?  Well, if your son or daughter is caught up in a mess with the courts the thing you can do is to turn the case over to a legal professional.

Seriously, seeking to handle a juvenile arrest without the advice of an experienced Minnesota Criminal Defense Attorney can often do more harm than good. 

For example, if your child was present (but not directly involved) while a criminal act was being committed, did you know that he or she can potentially be charged with a crime?  Yep --- aiding and abetting.. and he/she can potentially face serious and lasting criminal penalties - just like the major players in the offense.  So, if your child admits to being present for the crime, even while trying to point out that he or she didn't take part, they may actually be confessing to aiding and abetting. Similarly, any information that you give the police about your child can be used to build a case against your child, even if your intent was to defend him or her.

Be Careful

Law enforcement knows how to interrogate adult offender --- just imagine what they do with children.  Trust me - the right questions can compel even an innocent person to make an incriminating statement. This is why it is so important to work with a juvenile defense attorney as quickly as possible, and to make sure that a professional is present during any questioning. A polite but strong statement that you and your child have nothing to say until a lawyer is present can make all the difference in your child's case.

At the Rolloff Law Office, I provide honest answers and straight talk.  Let me put my experience as a former prosecutor to work for you - the well-intentioned parent who (and I've seen it time and time again) could accidently make a bad situation worse by trying to fix things on their own. Whether you believe your son or daughter has done something wrong or not, the first thing you should do when your child is arrested is talk to a lawyer - before telling your child to talk to the police. Because, a juvenile criminal conviction can have permanent consequences.

For more information contact my office, today, at (612) 234-1165 to schedule a free initial consultation and case review to discuss your child's specific situation.

Hiring a Minnesota Criminal Defense Attorney

As you might imagine --- the (all too often wrong yet) number one question I get about who to hire as a Minnesota Criminal Defense Attorney is: "How much is this going to cost me?"

Now I'm not so dumb as to not understand that price is a huge factor when one contemplates the person they are going to hire to represent them in court; however, it should never be the only point on which that person focuses.  As an example, here's a situation I was party to recently:

What Would You Do?

Imagine two attorneys, each presented with the same criminal case by an individual searching for representation.

The first attorney is honest with the potential client, telling him that it is unlikely that the case will prevail at trial, and that the matter will most likely be resolved through a plea agreement (as is the case with almost every criminal case).  The attorney then tells the potential client that the fee will be relatively low, and offers to take the case for $1,000.

The second attorney has a different strategy; he tells the potential client that the case can be beaten, promises the individual the world, tells him exactly what he wants to hear, and offers to take the case for $3,000.

Assuming the client earns an average income, which attorney is she likely to take?

The answer: Almost invariably --- the 2nd Attorney.

Although the first attorney is honest and fair priced, the dishonest and expensive maverick will get the case.  Even if the second attorney never delivers on his high promises, it is of no concern to him; he’s already been paid.  Criminal cases usually require payment in advance (especially if there is a chance the client will be incarcerated at the conclusion of representation), and due to ethical concerns criminal cases may not be contingent on the outcome.

Now What?

Frankly, I don't dig the idea of being dishonest or scarring my clients into hiring me (even if it might earn me a bigger retainer.)  Others might not have an issue with it at all.

Because I'm affordable, because I'm honest --- I can sleep at night,  A promise I make to anyone who places their trust in me is that I will go after their case like it was my name on that file.  They will never not know what they need to know - even the hard stuff --- and in the end, they will (hopefully) have been spared getting screwed - by the courts and me.

What can someone who needs an experienced Minnesota Criminal Defense Attorney do?  My #1 suggestion is to find someone you can trust.  Referrals from family and friends are a good place to start.  It might also be a good idea to do some shopping - some tire-kicking.  If you visit three or four attorneys, you should be able to get a decent idea of what to expect in terms of price and results.  Remember, the two are not always related.  Call The Rolloff Law Office to and set up a FREE CONSULTATION: (612) 234-1165.

Minnesota Shoplifting (Explained)

No criminal accusation can be more confusing and/or embarrassing as Shoplifting/Theft.  Not only can this little mistake or lapse in judgement cause you short-term problems (like having to have to go to court, pay fines, etc,) but the long-term consequences can be even more devastating.  This is why you need to know your rights and talk to a Minnesota Criminal Defense Attorney.

Under Minnesota law, Theft offenses are quite varied. Ranging from walking out of a store without paying for something or you might be alleged to have deceived someone for monetary gain. As a Minnesota Criminal Defense Attorney, I know the "ins" and "outs" of Minnesota's Theft laws and can make sure that you get the outcome you deserve while involved in the criminal justice system.

What Can a Lawyer Do?

As your attorney, it would be my responsibility to make sure your rights are protected at every stage of the criminal justice process. I also work to ensure that you get the best possible results on your case.

What Are the Consequences?


The type of charge and sentence you might receive depends on many factors and the circumstances surrounding the alleged offense. Number one: the value of the property or services your receive.

If the value is greater than $5,000 but less than $35,000 or the property is a trade secret or explosive, you will also face felony charges and up to 10 years in prison with fines reaching $20,000.

If the value of the property or services is more than $1,000 and less than $5,000 you will face up to 5 years in prison and fines of $10,000.

If the value is between $500 and $1,000 your charge will likely be a gross misdemeanor and your potential sentence could reach up to one year in jail and $3,000 in fines.

Many Shoplifting offense fall under this provision of the law:

Any cases involving property or services valued at less than $500 is a misdemeanor and punishable by up to 90 days in jail and fines of up to $1,000.


What Constitutes Theft?

There are numerous acts that constitute theft. If you do any of the following you could be charged with this offense:

• Intentionally take, use, transfer, conceal, or retain possession of property of another without consent and with the intention of depriving the rightful owner of possession;
• Obtaining possession, title, or services through false representation;
• Obtaining property or services from another by trick or swindle;
• Finding lost property and failing to attempt to find the right owner and surrender the property;
• Intentionally obtaining property out of a money operated machine without depositing money;
• Altering or removing identification numbers on property with the intent to prevent identification of rightful owner; and
• Stealing cable through unauthorized connections.

What Should You Do?

There are a many different Theft/Shoplifting offenses under Minnesota law. Many of them are confusing and very complex. To be certain you know what you are up against when facing theft charges in court, call to discuss your case today.

If you want to have your situation cleared up - call the Rolloff Law Office for a case evaluation.  We'll discuss the allegations against you, and let you know all the possible defense options, and what you can expect might be the most likely and possible outcomes.

Find out what we can do to help by calling us today: (612) 234-1165.

Minnesota's Implied Consent Law & Test Refusal Crimes (Explained)

The Minnesota Implied Consent Law requires that anyone who “drives, operates, or is in physical control” of a motor vehicle in Minnesota consents to be subject to Minnesota's Drunk Driving Law and the Implied Consent Law.  The Implied Consent Law further requires a person to submit to a chemical test of their blood, breath, or urine (or face a criminal charge for test refusal) when a peace officer has probable cause to believe the person has violated Minnesota DWI law (and other specific circumstances exist).  If this sounds even remotely confusing, consider consulting an experienced Minnesota Criminal Defense Attorney - please.

The purpose of the chemical test is to determine the presence of alcohol, a controlled substance  or its metabolite, or a hazardous substance, and the test must be given at the direction of a peace officer (e.g. a police officer).

When a Chemical Test Can Be Requested

A peace officer has the option of requesting a chemical test when they have probable cause to believe a person was driving, operating, or in physical control of a motor vehicle in violation of the DWI law, and at least one of the following conditions exist:

1. the person has been lawfully placed under arrest for violation of Minnesota’s DWI law (or an ordinance in conformity with it);
2. the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death;
3. the person has refused to take the screening test (preliminary screening test/portable breath test (PBT)); or
4. the screening test was administered and indicated an alcohol concentration of 0.08 or more. 

The test may also be required of a person when a peace officer has probable cause to believe the person was driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol.

Implied Consent Advisory

The Implied Consent Advisory is a provision of Minnesota’s Implied Consent Law which requires the peace officer to inform the suspect of the following before requesting a chemical test submission:

•  Minnesota law requires the person to take the test:
•  to determine if the person is under the influence of alcohol, controlled substances, or hazardous substances;
•  to determine the presence of a controlled substance listed in Schedule I or II or metabolite, other than marijuana or tetrahydrocannabinols; and
•  if the motor vehicle was a commercial motor vehicle, to determine the presence of alcohol;
•  that refusal to take a test is a crime;
•  if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person’s consent;
•  that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

The Test Refusal Crime & Administrative Penalties

Criminal Penalties

It is a crime in Minnesota to refuse to submit to a chemical test of blood, breath, or urine under the Implied Consent Law.  The criminal penalties depend on the unique circumstances of the case and the prior record of the defendant.  As an example, a typical first-time DWI offender who is charged with test refusal is subject to a gross misdemeanor level offense (up to one year in jail and/or up to a $3,000 fine).

Administrative Penalties

In addition to the criminal penalties associated with the Implied Consent Law & Test Refusal Crime, there are also significant administrative penalties.

Test Refusal Penalties

There are significant administrative penalties (e.g. license revocation) which apply to test refusal under the Implied Consent Law  (i.e. when a peace officer has probable cause to believe a suspect has violated the DWI law and they refuse to submit to a chemical test).

Specifically, a peace officer can immediately serve a notice of intention to revoke/revocation on a suspect on behalf of the Commissioner of Public Safety upon test refusal, and also must take the following steps:

•  invalidate the person’s driver’s license or permit card by clipping the upper corner of the card in such a way that no identifying information including the photo is destroyed, and immediately return the card to the person;
•  issue the person a temporary license effective for only seven days; and
•  send the notification of this action to the commissioner along with the required certificate.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example, the period of license revocation is one year for a first-time test refusal offender.

Test Refusal Criminal Conviction Penalties

In addition to the administrative penalties for test refusal  under the Implied Consent Law, there are also administrative penalties (e.g. license revocation) which result from a test refusal criminal conviction.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example,  the period of license revocation is 90 days for a first-time test refusal offender.

To fully understand your options, please take the time to speak with an experienced lawyer.  The Rolloff Law Office has handled any and all sorts of criminal matters --- DWIs and otherwise.  Call today to set up a FREE CONSULTATION: (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. 

Hiring a Minnesota Criminal Defense Attorney (Explained)

If you've recently been charged with crime - or are the subject of a criminal investigation - you probably have some questions ---- lots and lots of questions.  Here is a little insight into a few things you need to know as you look for an experienced Minnesota Criminal Defense Attorney. 

Should I Say Anything to the Police Before Hiring a Lawyer?

If you are suspected of a crime or have been arrested, one of the most important things to do - say as little as possible. Be respectful to the authorities, but do not put yourself in at risk by providing information that may be used against you. Contact a criminal defense attorney a soon as possible.

Should I Hire a Criminal Defense Attorney Before Seeking Help from a Bail Bondsmen?

After a friend or a loved one has been arrested, often the first thought is to get the person out of custody or jail. Many people turn to a bail-bondsman,. Typically, decisions are made it "in the moment": fear and panic may play a role is the decision making process - but first taking the time to seek criminal defense help from an experienced attorney instead of posting bond immediately has several advantages:

Posting a bond may be a waste of money. An attorney can advise you about the severity of the charge. For some cases, a person who has been arrested may be released on their own recognizance as soon as they get to court (often the morning after an arrest).

An experienced Minnesota Criminal Attorney may be able to negotiate the amount of bond in court. It is possible and often likely that the bond amount can be reduced by the attorney's negotiating skill with the DA and Judge.

What Should I Consider When Calling and Comparing Criminal Defense Attorneys?

Although bondsmen are not allowed to recommend a specific Minnesota Criminal Defense Attorney, they can have business cards present at their offices - some people call these attorneys. Other people will look at the phone book or search for an attorney online. One of the best ways to find an attorney is by personal connection, such a recommendation from a friend or relative. It is always a good idea, as with any service, to examine your options and speak with at least 3 attorneys prior to selecting representation.

When peaking with a criminal defense attorney of the phone you can get a feel for their:

• Personality, professionalism, and demeanor
• Their level of experience, as an attorney and with criminal cases
• Responsiveness and timing in regards to your call
• Sincerity (are they just eager to your money?)
• Level of personal interaction (will other attorneys or staff handle your case?

How Do Pricing and Fees Work?

 

Minnesota Criminal Defense Attorneys typically work in flat-fee arrangements and require an upfront payment (retainer) to begin working on your case. Many attorneys take credit cards and offer payment plans. In comparing prices it is important to take into account that there is a wide range of quotes that you may receive on even a simple matter such as a first Drunk Driving citation.

 

Here in Minnesota, for a first time DWI charge, you can find attorneys that will take you case for as little as $750 or other attorneys that would charge as much as $10,000. Either of those might be a reasonable amount, depending on the skill and reputation of the attorney.

The vast majority would charge between $1500 and $4000 for a first time DWI with $2100 being an average amount. But take note, it doesn't mean you are getting more for your money - the amount of work required for your case will depend on many factors - including the facts and substance of your arrest and the evidence against you.

What Should I Consider When Meeting with A Criminal Defense Attorney?

The first time you meet in with an attorney, whether in court, custody, or at their office. Just as in your phone call, is important that you both ask questions. During the meeting assess your comfort level with the attorney.

The things you want to look for and questions you should ask:

• Do you and your attorney seem to get along?
• Do you feel comfortable with this person representing you?
• If this person walked into court, do you think people in a jury would respect them?
• Do they speak well?
• Are they well groomed?
• Do they seem to a have a knowledge and understanding of the law?
• Can they easily explain the law as it applies to your case?
• Do you feel you can trust them?
• Do they have the level of experience you need?
• Have they practiced in the court that is handling your case?
• Do they make promises to you that seem unusual? For example, "I know the prosecutor there". (Relationships such as in the prior example may give you more comfort, but generally in Minnesota courts this will not make a difference in how your case is handled.)

Your lawyer should have many questions for you. Their interest in your case is very important to the final outcome. Without proper information, the most beneficial actions and best possible outcome cannot be achieved.

 

 

 

What Can You Do Now?

You can educate yourself on this process - but a lot of the learning is going to be done in the doing.  To learn how my approach to criminal defense can benefit you, contact the Rolloff Law Office to schedule your free consultation.  Call today: (612) 234-1165.

Minnesota Criminal Background Checks (Explained)

In this technological era files have become very accessible and access to your records is no exception.

Background checks have become more and more common and any criminal record can be very harmful to employment options, bank loans and even apartment rental opportunities.. Fortunately there is something you might be able to do to delete or stop access to your criminal records.

Minnesota Expungement

An Expungement is the  removal of your crime from your criminal record. An experienced Minnesota Criminal Defense Attorney can help you with getting an expungement.

Who Qualifies?

Various people are eligible to get an Expungement. These people may include individuals arrested for an offense but never convicted, someone charged for a crime that was later dismissed, someone acquitted (ie. found not guilty) by a judge or jury.

Benefits

There are many benefits that come along with getting an Expungement - in addition to cleaning your criminal record. Once your records have been expunged you can deny ever being charged with that crime (except under oath in which case you can state only that those records have been expunged). For example, when looking for a job, you can tell employers that you have never been convicted of a crime. Other benefits that you may be eligible for after an Expungement include eligibility for housing assistance, student loans, and state issued licenses.

What To Do Next

Expungement procedures are long and very complicated, but the end result can be of a huge benefit to you if your record is cleaned.  If you have any questions or need legal advice --- call the Rolloff Law Office today at (612) 234-1165 to set up a FREE meeting to learn about your options.