Receiving Stolen Property (Explained)

If you have been charged with the offense of Receiving Stolen Property --- you should seek out come input from an experienced Minnesota Criminal Defense Attorney.  Even after you have read this post.

This offense is defined as: any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery.  In many respects, the accused are treated like those who commit Theft.  (Another crime that is similar to the receiving of stolen property is pawning of stolen property.)

What Can Happen

This crime can be charged as a felony, gross misdemeanor and/or a misdemeanor.  The penalty range is dependent upon the conduct and the amount of the theft. For instance, for certain felonies the defendant faces a maximum penalty of 20 years in prison and/or a $100,000 fine. But, if the value of the property stolen on the lower end --- the maximum penalty is 5 years in prison and/or a $10,000 fine.  Or -- if one is charged with a gross misdemeanor – the maximum penalty is up to one year in jail and/or a $3,000 fine.  And, if the value of the stolen property or services is less than $500, it is a misdemeanor and the defendant can be sentenced to 90 days in jail and/or a fine of $1,000.  Disregard these numbers --- if the act creates a reasonably foreseeable risk of bodily harm to another person.  If that's the case: the penalties described above are enhanced

A good argument --- if you have been accused of receiving stolen property is claiming that you were ignorant to the fact that it was stolen. The requisite knowledge and intent is critical to the case, and often may be difficult for the State to prove. Additional defense arguments center on whether the the accused had a claim of right to the alleged stolen property, and whether the State can prove the value of the property in order to meet the gross misdemeanor or felony thresholds for the criminal penalties. Most good theft defenses will require careful scrutiny by a Minnesota Theft Attorney and potentially an investigator to interview key witnesses. The end result is a well thought out and strategic defense that focuses on not only preparing a defense for trial, but also used to leverage an optimal plea negotiation.

 If you have been charged with Receiving Stolen Property (and/or Theft) in Minnesota, you need to consult with a skilled Minnesota Criminal Defense Attorney like the Rolloff Law Office.  The sooner you do this, the better your chances of gathering the information that could help to see these charges dismissed.  Call today: (612) 234-1165

Minnesota DWIs - Clean Your Record (Explained)

As a Minnesota Criminal Defense Attorney, I'm often asked by individuals charged with Drunk Driving how long a conviction will stay on their record, or if the can come back at some future date and have the charged Expunged.

The bad news is that in the State of Minnesota a DWI will stay on a person's record forever, and it can NEVER be erased.

Why?

A Minnesota DWI is both a Criminal and Traffic Offense. As such, a conviction for a Drunk Driving goes on both a person's Driving and Criminal Records. Beyond that, a DWI is what's called an enhanceable offense - meaning that prior convictions can be used to elevate/increase the penalties (and designation of) future offenses of a same or similar nature.

Under Minnesota Law, as revised a few years ago, a combination of three prior alcohol-related driving offenses within the previous 10 years can result in a Felony for a fourth such offense (in that same time span.)

The rationale, I presume is that if a DWI is  expunged, a person could avoid being charged with subsequent felonies - avoiding the sorts of Free Passes for DWI's that no politician is ever likely to back.

What Should You Do?

The best way to keep a DWI off of your record (short of not being charged with one in the first place) is to have someone on your side - if you're in fact charged - to ensure that it is fought so that your future is preserved. 

I've defended individuals charged with DWIs - and I've earned them outcomes that preserved their otherwise clean records.  Call the Rolloff Law Office today to ensure that you have someone working for you to hold the government accountable - (612) 619-0262.

Minnesota Charges - Dismissed (Explained)

As an experienced Minnesota Criminal Defense Attorney, the one outcome more than any other that brings me and my clients the greatest joy is having their charges dismissed or significantly reduced.

Believe it or not this does happen, in one way or another in court rooms throughout the state - everyday. There are many possible options—some quite complicated—to get the charges against you reduced or taken off the table entirely. But the process of doing that starts with one simple step: getting a savvy, aggressive Minnesota Criminal Defense Attorney on your side, right away, who will fight for the best possible outcome.

What to Look Out For

First and foremost, I would caution anyone to be wary of lawyers who quickly promise to get your case dismissed.  Sometimes, that the reduction or dismissal of charges is just not possible.

While it is always my number one priority to work to get the charges against my clients dismissed, the best (and often the only) way for that to be done is to thoroughly explore the circumstances of your case before making any determination as to the possibility of dismissal.

No Minnesota Criminal Defense Attorney can promise you a certain outcome for your case; however, what I can promise you is tough, aggressive lawyer who will look into every option to get you the best results for your case.

How Criminal Charges Get Dismissed

Ultimately, there is only one person who dismiss the charges against you - the judge. Often individuals mistakenly believe that if only the person who originally pressed charges his or her mind the case will just go away.  That is just not true.  In reality, once the government's attorneys take the case, the decision to continue with it is in their hands.

Ways to Get Your Minnesota Charges Dismissed

Essentially, there are two ways to get Minnesota criminal charges dismissed or discharged:

1. Where the government can't prove guilt beyond a reasonable doubt.

In these cases, often there's was something legally wrong with: (a.) the accusations, or (b.) the process of arrest and investigation. Many times, charges can be dismissed if there is not enough evidence to sustain the charges or the defendant has not been arrested within the legal process of the law (for example, where the defendants are interrogated after they stated they were invoking their 5th Amendment right to remain silent) or if evidence was gathered in violation of the offender's constitutional rights. For any of these reasons, cases can dismissed. One other way charges are often dismissed is when the alleged victim of the "crime" refuses to cooperate with the government.

2. Where the government can prove guilt beyond a reasonable doubt.

An odd situation to be sure, but in these cases - even if the judge decides that the defendant is in fact, guilty of the charges - sometimes the nature of the charges and/or the criminal history of the defendant indicates that the case should not go forward.  Often this is done under circumstances such as when the offense charged low level misdemeanor and/or if the defendant has a clean (or even mild) criminal record.  At this point, an agreement can be reached where the judge may decide to dismiss the allegations or offer some type of alternative sentencing. Alternative sentencing can come in a variety of forms, including fines, community service, probation, etc.

What Should You Do?

My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding your arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in your case, as well as your previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.

Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer.  Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Minnesota Expungements - Want or Need One?

As an experienced Minnesota Criminal Defense Attorney an all too common question I get (about past mis-deeds) is: How long will a Felony or Misdemeanor offense stay on my record?  After I offer my opinion, that question is often followed with another: What are the chances I can get it removed from my record?

Generally speaking, a Felony charge/conviction stays on an individual's criminal record for the remainder of his or her life. Even though somone's repeat offender status may be “re-set” after a certain number of years, courts, law enforcement and a myriad of other governmental agencies tend to maintain a file listing those previous offenses.

That being said, there is a remedy.  It’s called an “Expungement” and requires a legal action to seek to have one's criminal record sealed.

Now, Expungements don't completely erase one's record, however, having one granted will limit who gets to see it.  In this day and age, where even your landlord, your boss and nearly anyone out in the public can, in theory, get their hands on your criminal record - Expungement is an option for many people.

What Can You Do?

So, I'm supposing - you want to know how to get an Expungement - right? Well, for starters, you need to submit an Expungement request to the court, in the county in which you were charged.  The judge will then consider a number of factors - including: how long it has been since the infraction, whether or not the charges were dismissed, what if anything about said arrest implicates public safety, etc.  Based on those factors (and a couple others,) the judge will render a decision.

If you or someone you love is in need of advice when it comes to seeking an Expungement, contact the Rolloff Law Office today for a FREE consultation.  .

Your record can affect many aspects of your life. Get informed and find out if an Expungement is an option for you.

Minnesota Court Appointed Lawyers (Explained)

If you are charged with a crime in the State of Minnesota, you have a right to be represented by an attorney.  If you can't afford one, the court can appoint one for you.  These people are called public defenders. Often I'm asked: which is better  a court-appointed attorney or a private lawyer?  Well, in the end, that depends on you, your case, and what you'd like to see happen.

Court-appointed lawyers are assigned based on an individuals ability to pay.  The less wealth you have, the better your chance of getting a "free" lawyer.  That being said, at no time are you ever required to settle for a court-appointed lawyer. As is your right, you have the option of representing yourself or hiring an experienced Minnesota Criminal Defense Attorney.

As a matter of fact, a number of my clients have originally had a court-appointed attorney, but later chose to leave that person and hire me. 

Why?  Well, I'm often told that my clients come to me because their court-appointed attorney is failing to give their case the attention and aggressiveness a proper legal defense requires.  Believe it or not, I get their point.  By no fault of the public defenders, they are often overburdened - working file after file to keep up with the demands of the system.  In the end, because they have so many clients, they can't bring the same level of detail and attention to your case that a private attorney can.

What Should You Do?

Any time that you don’t believe that you are being well represented by your public defender, there are a number of fixes available. First, you always have the right to hire a private attorney to assist you. Often times clients begin a case without the financial ability to hire counsel and then have their situation change. Sometimes, it takes time to gather up the resources needed to retain the right lawyer.  But, know this: you can replace attorneys at any time during your case.

At the Rolloff Law Office, I have clients who have hired me - after firing their court-appointed attorney. Given the choice between representing themselves (which is never recommended) and hiring an aggressive, tenacious, and experienced Minnesota Criminal Defense Attorney, the decision is usually very clear.

Call today to schedule a free initial consultation. I'll give your case the respect and dignity it deserve.  Listen, I don’t "farm out" your case, or have 50-100 others on my desk at any one time. I work all of my own files. My attention and focus is on you. 

If you need someone by your side to get your case back on track - call me today at (612) 234-1165 and let's get things rolling.

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.