Minnesota Fifth Degree Possession of Drugs (Explained)

As an experienced Minnesota Criminal Defense Attorney, I often get questions about controlled substance cases.  The most common are about 5th Degree Possession of drugs an the penalties one might expect. 

Fifth degree possession of drugs is the least severe felony drug possession crime in Minnesota. It carries a maximum penalty of up to five years in prison or a $10,000 fine. The court can convict you of this offense - not only by possessing controlled substances, but also by obtaining or attempting to obtain them using fraud or deceptive means, such as claiming to be a medical provider or using forged prescription documents.

How to Defend Yourself

The defenses for this charge vary from case to case --- common ways include:

Illegal Search: the first area to look at is whether the police obtained the drugs lawfully. In many cases, a Fourth Amendment or Fifth Amendment challenge could be brought arguing that the police violated the defendant’s constitutional rights and that the drug evidence should be suppressed.

Legal Possession: another area to look at is whether the defendant could legally possess the substance. It is not uncommon for a police officer to charge someone with a drug crime if they do not have evidence of a prescription available. However, if a prescription can be produced, it will likely result in a dismissal of the case.

Entrapment: In cases involving a controlled buy, there may be an argument that the police conduct induced you to purchase the controlled substances. However, the elements can be difficult to show and are heavily fact-specific. A criminal defense lawyer can advise whether this defense may apply.

Stay of Adjudication and Diversion

A program available for most first-time defendants charged with fifth-degree possession is to enter a treatment program and either have the matter diverted or receive a stay of adjudication. Diversion or a stay of adjudication can prevent a conviction from appearing on your criminal record if you comply with all requirements. This allows for an opportunity to avoid the many negative collateral consequences of having a felony drug conviction.  You can also ask - at a later date - to have your charges/case sealed/expunged.

If you are facing a drug charge in the State of Minnesota, I suggest that you strongly consider contacting an attorney. Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165

Fight Prostitution Charges - Minnesota

Minnesota's prostitution laws are not clear and often change.  With that in mind ---  an experienced Minneosta Criminal Defense Lawyer can help you explore a legal defense.  Here are three common ways to fight these charges.

Prostitution Defenses

1. Due Process

One common challenge in this type of case is one that examines the government's procedural handling of the arrest.  Put another way --- the ends can’t simply justify the means, and due process needs to be followed every step of the way.  For example, a police officer can set up a sting operation, but once a crime has been committed, they need to identify themselves and complete the arrest. The officer cannot continue with the sexual encounter and then arrest the provider later, as that’s a constitutional violation of due process. Similarly, searches of suspected providers or entering a house or hotel room can only be done if police have obtained warrants and followed due process. If not, even if the provider was guilty of the crime, the case will be thrown out.

2. Entrapment

This is when a police officer entices a person into committing a crime that they otherwise would not engage in. Granted, this is not easy to prove in court --- because you need to show that the action would not of otherwise happened, and sometimes judges or juries look at the police officer and the defendant and make assumptions without hearing the facts of the case.  This is also a challenging road to go down because an undercover officer does not need to identify himself as a police officer, even if the service provider asks them if they are, which can make it easy for the prosecution to argue that the actions of the provider were planned, not coerced or forced. However, sometimes police officers abuse their power and use it as a threat against a woman, which is why entrapment should always be explored.

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There is also the opportunity to contest Probable Cause.  In particular,  a specific offer to engage in sexual contact (for hire) must be made, otherwise probable cause is not present. For example, if a provider gets in the car of an undercover agent and says “Let’s go somewhere quiet and have fun,” this would not constitute an explicit agreement or a violation of the prostitution statute. If probable cause does not exist, an officer cannot conduct a search or arrest.

 
If you or someone you know is facing charges and needs legal help, please contact the Rolloff Law Office for a FREE CONSULTATION: (612) 619-0262

Minnesota School Bus Stop-Arm Violation

In 2017, the State of Minnesota upped the penalty for failing to stop for a school bus  --- a violation of Minn. Stat. 169.444. Specifically, the law requires that drivers in both directions stop --- when they see a school bus with its red lights flashing and its stop arm extended. The fine for failing to stop increased this summer from $300 to $500.  Most importantly --- school bus drivers can (and do) report these violations directly to law enforcement and the registered owner of the violator vehicle can receive a ticket in the mail – even if they were not driving the vehicle at the time of the offense.  If you have questions about a ticket you or someone you love has received for this offense, contact an experienced Minnesota Traffic Defense Lawyer. 

What Should You Do? 

Due to the presence of children surrounding a school, it is easy to understand why this law exists and why it is considered such a serious crime. With that being said, the penalties involved can be quite steep --- including the possibility that one's license could be revoked.  

The Law

There are two types of driving conduct that can be cited. First, when a school bus is stopped and is displaying an “extended stop-signal arm and flashing red lights,” every driver must stop their vehicle at least 20-feet away from the school bus. Second, no driver may pass a school bus on the right-hand, passenger-door side “when the school bus is displaying the pre-warning flashing amber signals.”

Violating either or both of these two laws is a crime,   simple violation of the above is a misdemeanor crime, leading to maximum criminal penalties of 90 days in jail and a $1,000 fine. But, under certain circumstances, it may be a gross misdemeanor crime, which results in a maximum sentence of a year in jail and/or a $3,000 fine. Such as --- if you pass the bus when a child is outside the bus, it is a gross misdemeanor offense. 

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney to set up a FREE – no obligation – consultation.  You can reach me at (612) 234-1165 or jay@rollofflaw.com. 

How To Beat a Shoplifting Charge

 
If you are caught Shoplifting, even something as small as a pack of gun, in the Twin Cities, you could end up in jail.  Therefore, you should strongly consider getting help from an experienced Minnesota Shoplifting Attorney.

How to Address a Theft Charge

Everybody knows about shoplifting. It’s when someone takes something from a store without paying for it. While this is something people often associate with teenagers --- this offense knows no common offender.  

There are a number of defense strategies that can be used to keep a conviction from going on your record.  

No Intent: In the State of Minnesota - the government is required to prove an intent to permanently deprive property from its rightful owner.  If the prosecution cannot prove that the accused intended to walk out of the store without paying for the items, they cannot convict you of Theft.

Not Enough Proof:  The accused is innocent until proven guilty. Even if you someone one testifies against you --- you may not be convicted.  This strategy often requires a consultation with a lawyer about how to challenge the eyewitness' accounts --- finding inconsistencies that would show that they are wrong.  

Other: a good Criminal Defense Attorney can help you avoid jail and/or a fine --- even if you are dead-to-rights guilty/without a defense.  

Contact the Rolloff Law Office - today - an get the answers you need to keep a conviction from going on your criminal record.   FREE: (612) 234-1165

MN Criminal Defense Lawyer (Explained)

Charged with a crime?  Your choice of an attorney is likely the most important decision you will make --- to earn the best result for your case.

What Do You Need to Know?

Likely by the time that you are charged, the reports will have been written ... statements from witnesses will have been recorded ... and examinations of the evidence - by investigators will have been completed.  The government's work is done.  Alas, yours is just beginning.  The next best decision - for you - would be to consult with an experienced Minnesota Criminal Defense Attorney to into the state's case and to work to seek the best possible outcome.  

What Can a Lawyer Do For You?


As a former prosecutor, my approach to criminal defense is a step by step process that has been demonstrated effective in achieving results such as though below.

First, we identify the inaccuracies and holes in the police reports.  This is essential for simply a basic understanding of conflicting facts, and where we have to go to demonstrate your version of events.


Second, we identify where the reports themselves fall short in describing the precise crime charged, and how evidence and statements were obtained.  This analysis forms the basis of motions to dismiss the case.  A case may be dismissed if the police reports themselves, even if believed, simply don’t add up to the crime charged.  In other cases, statements and evidence may be suppressed, meaning it can’t be used at trial, because it was unlawfully obtained or because it is not sufficiently reliable or consistent with other evidence.


Third, we conduct our own investigation if necessary to generate evidence which supports your story, what you know actually happened. One of the greatest powers a lawyer has is he ability to compel the appearance of witnesses at trial, or have them arrested if they do not show.

Fourth, we consult with the top experts in many fields of forensic study with whom Mr. Rolloff has cultivated close professional relationships.

Finally, we prepare for trial throughout the process.  Not every case goes to trial, but every case must be prepared for trial, or plea negotiations and motions have no teeth whatsoever.  Trial is the leverage which results in good resolution that keeps you free, keeps your record clean, or which results in dismissal altogether. 

Preparing a matter for trial involves more than just challenging the evidence in front of a jury.  The jury ultimately wants to hear a story, not a series of statutes and procedures.   

The Rolloff Law Office prepares your story in a compelling and believable manner, backed by all the force of law and evidence. This approach has been demonstrated advantageous for clients like those below.

If you want to learn more --- set-up a FREE CONSULTATION, call the Rolloff Law Office - today: (612) 234-1165

Minnesota School Bus Stop Arm Violation (Explained)

 

When a school bus is stopped on a street or highway and displays an extended stop-signal arm and flashing red lights, the driver of a vehicle approaching the bus must stop the vehicle at least 20 feet away from the bus. Failure to do so may result in a passing a stopped bus charge.  If you have been cited for violation Minnesota Statute 169.444 ... then you should contact an experienced Minnesota Criminal Defense Attorney. 

It is also a crime for a person to pass or attempt to pass a school bus in a motor vehicle on the right-hand passenger side of the door when the bus is displaying the pre-warning flashing signals.

Passing a Stopped School Bus Consequences

In the State of Minnesota, someone convicted of failing to stop a vehicle while a school bus has its stop-arm extended is guilty of a misdemeanor. 

However, a person may also be charged with a gross-misdemeanor if they fail to stop their motor vehicle and commit one or both of the following:

• Passing or attempting to pass the school bus on the right-hand passenger-door side of the bus; and/or
• Passing or attempting to pass the school bus in a motor vehicle when a child is outside of and on the street used by the school bus or on the adjacent sidewalk.

Driver’s License Sanctions

Depending on the circumstances surrounding the offense, a passing a stopped school bus conviction can lead to a driver’s license suspension or revocation.



 

Illegally passing a school bus is a serious offense with severe consequences. Having an experienced attorney is therefore essential to ensure that your rights are protected throughout the legal process. Call the Rolloff Law Office to get more information about what you can/should do ... so as not to make things any worse.  FREE CONSULTATIONS: (612) 234-1165

MN Domestic Assault Charges (Victim's Rights)

Domestic assault, believe it or not, one of the most commonly charged crimes in State of Minnesota ... and, if not handled properly, can carry significant consequences.

Honestly, it is not an exaggeration ... if your significant other or family member says you struck them, or even placed them in fear of being harmed ... that is all it takes to be arrested.  

However, often those expressions - ie., that someone believed they were in fear of being harmed are not what the alleged victim actually says; rather, it is the "rush to judgment" conclusion of the officer on the scene ... and can lead to (without that person's say-so) their loved one being hauled off to jail --- often an unintended consequences of a call to the authorities.  

The State "Presses Charges" - not the Victim

One thing many people do not learn until well after the fact is that, if the alleged victim does not want to “press charges”, even if she changes her story or admits she lied, the charges do not get dismissed on that statement.  As an experienced Minnesota Criminal Defense Attorney, I have dealt this situation ... ie., "she doesn’t want to press charges" ... and many believ that this will lead to an easy dismissal of a case.  Sadly, that is often not true.  

I think we'd all take some comfort in knowing that once an accusation has been made, if that individual has lied or misunderstood a perceived incident can come forth and tell the truth, and spare the accused the very real consequences of criminal prosecution.  Unfortunately, the tactics of many prosecuting authorities, officers, and even non-profit shelters and similar organizations, encourage the alleged victim to stick to her story, no matter what.  This has become systemic.  

What is a DANCO?

A Domestic abuse no-contact order, or “DANCO”, prevents the ability of the 911 caller to have subsequent conversations with the accused which might clarify the circumstances of the incident.  An order for protection may do the same.  The accused is automatically arrested, preventing any contact with other witnesses or demonstration of evidence proving the alleged victim’s story is not true.  From the beginning then, both parties are isolated from one another, and the accused is isolated from everyone, leaving only the accuser free to function and assemble a case, and be influenced by other people.

You’ll often see staff from shelters sitting in court, consulting with the woman afterward, speaking to police and the County.  To be clear, these shelters do great work and help and protect thousands of abused women every year, especially when they have no place to live or hide from an aggressive stalker.  However, at times,  staff from these facilities function as an agent of law enforcement, and in a handful of cases, they shelter and alleged victim from her obligation to tell the truth.  It doesn’t help that these incidents are often not black and white, and perhaps the accuser wants separation, but has embellished her story and only qualifies for the benefits of this shelter while she sticks to her story.  There may be children involved, and sometimes family attorneys and shelter staff will end up advising the accuser to stick to her story put her in the best position to have custodial advantage.  

Earning a Dismissal

Perhaps the greatest act of true violence to the truth, however, is when the state threatens their “victim.”   Again, we have a justice system that SHOULD encourage the truth.  We should not have to wait until a trial with sworn jurors and the accuser under oath to hear the truth.  This happens more often then people would like to think.  In fact, when push comes to shove, it happens nearly every time.  We have personally fielded calls from victims in tears saying they made it up, and that they told the prosecutor, and the case still is not dismissed.  We never ever put down our shield and sword, and continue to fight the case through trial.

If you’re charged with domestic assault, the fact is you cannot rely on your accuser to close your case.  You need an experienced Minnesota Criminal Defense Attorney that understands procedure, investigation, and who will do the witness preparation that the state apparently won’t.  The fact is, with a “not guilty” plea, and a trial setting, if your lawyer sends an investigator to speak with the accuser and she recants, the state cannot call her as a witness just to get in her statement to police.  That is a rule born out of some complicated case law.  That statement CAN be suppressed, and the case can be dismissed on the day of trial, if you hire a lawyer that understands the rules of evidence, and who can secure the necessary information ahead of time.
  

If you’ve been accused of Domestic Assault, you need to contact an experienced St. Paul & Minneapolis Criminal Defense Lawyer who serves the south metro area such as Apple Valley, Eagan, Lakeville, Burnsville, Woodbury, Farmington, Rosemount, and Northfield.  Call the Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165.

Hennepin County Disorderly Conduct (Explained)

Disorderly conduct is often referenced (and used) as a catch-all for any random, disruptive criminal activity, activity that disrupts the public peace --- and pisses-off a cop. That being said, being charged with this offense can have lasting repercussions ---- and you should get some FREE ANSWERS from an experienced Minnesota Criminal Defense Attorney.

Disorderly Conduct (Explained)

If you are charged with disorderly conduct, you could have been doing any number of things. While this crime covers many activities, it is prosecuted with targeted focus by the State of Minnesota.


You may have been in the wrong place at the wrong time or caught up with the wrong group of people. Perhaps you don’t feel you did anything wrong --- but instead are being found guilty by association. This is why you should talk to The Rolloff Law Office.
The Laws & Penalties


The offense of disorderly conduct can apply to many incidences. It is considered a misdemeanor and is thereby punishable by up to 90 days in jail and $1,000 in fines.
 
You may face charges of disorderly conduct if you:

• Make loud or disturbing noise near residence or public buildings that causes unreasonable distress to the people occupying said building,
• Direct abusive language or gestures at someone, knowing that those words or gestures are likely to provoke a violent reaction,
• Disturb any lawful assembly or meeting with the intent to disturb,
• Disrespect or defile the American flag or cause others to do the same, or
• Obstruct a sidewalk, road, or street with the intent of preventing its lawful use by others. 

Charges like these are doled out in many circumstances and all too often because another law doesn’t apply. If you are facing this charge and you wonder what you did to deserve them, contact The Rolloff Law Office  to discuss your case today --- and what can be done to keep it off of your record.  

All criminal charges should be taken very seriously by the experienced criminal defense attorneys that handle them. I am a former prosecutor ... I know you are going through a difficult time with this case and I want to be the one to help.  Call today: (612) 234-1165

Minnesota Welfare Fraud (Explained)

As an experienced Minnesota Criminal Defense Attorney I am asked many, many questions ... here are some answers about Theft/Welfare Fraud.

What is Minnesota Welfare Fraud?

There is no simple answer to this question ... as such fraud comes in many forms. The most common type is when someone fails to list information (or fills in the fork incorrectly) about their financial situation to the Department of Employment and Social Services. This could be include information regarding income, number of dependants/children or possession of properties and other items of value. 

Welfare fraud can also occur if someone pretends to be someone/thing else in order to receive benefits or if you continue to receive benefits that you know you are not entitled to.  Furthermore, welfare fraud occurs when you pretend to be injured or ill in order to abuse the system.

Accused?  What Next?

As with almost any theft related offenses, a permanent welfare fraud conviction may negatively affect you for the rest of your life --- making it difficult for you to obtain employment, a bank loan, or for you to rent/buy a home/apartment.  Additionally, you may be required to pay back the money, plus pay interest and penalties.   A welfare fraud conviction in the State of Minnesota may also lead to both jail or prison time and and fines.  This all depends on whether you are charged with a felony, a misdemeanor or a gross misdemeanor.

Should Hire a Minnesota Criminal Defense Attorney?

If you or someone you love has been accused of welfare fraud, the most important thing to do is contact a professional Minnesota fraud lawyer immediately. The sooner you make the call, the quicker an attorney can get to work handling your case. The more evidence that is gathered, the better your defense strategy may be --- and the less consequences you might face.  
   

The Rolloff Law Office has over a decades worth of criminal defense experience.  For the overwhelming number of our clients, charged with theft related offenses, we keep them out of jail.  Also ... we understand that restitution is going to be important - to secure a great outcome.  This is why we keep our fees low.  Call the Rolloff Law Office for a free consultation: (612) 234-1165

Finding The Right Minnesota Criminal Defense Attorney

One question a lot of defendant's face is: "Should I hire a private lawyer or just go with a public defender?"  Then, they find themselves asking the following: "What's the difference between the two?  What advantage would a private attorney give me over a public defender?"

These are very important questions to ask yourself if you are ever charged with a crime.  Naturally you would want the best representation possible; right?  But, I know you also want to know ... is it worth paying money to an experienced Minnesota Criminal Defense Attorney when a public defender is free?

Public Defender or Private Lawyer?

To begin with, once the public defender's case load is always very large, and he/she likely has a very limited amount of time to give to each case because of the volume of matter he/she has.  

Public defenders work with the prosecutors to resolve each case as quickly as possible.  Because of the huge demand on their time, it is reasonable to conclude that defendants do not always get the best representation or defense for their cases --- ture?  Having had beena  prosecutor myself, before becoming a Minnesota Criminal Defense Attorney, I have personally observed many defendants get upset and frustrated becasue their public defender has no time to return phone calls, refuse to prepare a suppression  motion, do a preliminary hearing, or take their case to trial, because they don't have the time.

A Private Attorney is somone who is hired by a defendant to represent them in court.  Private attorney's have much smaller case loads, thus they have more time to work on a case, interview witnesses, investigate and meet with the client, even return phone calls.

Hiring a private attorney allows you to shop around, get referrals, research which lawyer has experience in criminal law, and which one is a general attorney, knowing a little bit about a lot of different areas.  Most private attorneys will allow you to come into their office for a free initial consultation.  This way, you can find out how experienced the attorney is, his or her feelings about your case, and the fee you would be charged.

The saying "You get what you pay for" is often very true when hiring an attorney.  The more experience, the better the representation and defense.  If you are charged with a crime, give me a call.  You don't want to chance your future with anyone else.

Have more questions about whether you should hire a lawyer? Please feel free to calI the Rolloff Law Office to set-up a FREE CONSULTATION --- call: (612) 234-1165.  

Minnesota Domestic Assault (Explained)

In the State of Minnesota, Domestic Assault can be charged as a Misdemeanor, Gross Misdemeanor or Felony, and can have lasting negative consequences to the accused and his/her family. 
If you, or someone you know is charged with Domestic Assault, you should contact an experienced Minnesota Criminal Defense Lawyer to get answers and help you earn the best possible outcome in your case.

What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction? 

Domestic Assault No Contact Order (DANCO). Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is very common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the case has been resolved.)

Often the issuance of a DANCO order creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.

While DANCO orders can be lifted in some circumstances, it is not uncommon for the alleged victim of Felony Domestic Assault to remain at the property (even if they don’t own it) while the defendant in the case is forbidden to return to the property (even if they own it). In these situations, lucky defendants find family and friends to stay with while the Felony Domestic Assault case is pending. Unlucky defendants find themselves incurring expensive hotel or motel bills while the DANCO order is in place.

Anger and Chemical Use Assessments. Most judges will order an individual convicted of Felony Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well. 

After the assessment process is complete, the Judge (or probation) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.

Harm to Employment/Employment Prospects. Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.

Why you should contact Minnesota Domestic Assault Attorney Jay Rolloff?

I'm a former prosecutor with more than a decades experience in prosecuting/defending people charged with Domestic Assault. To find out how to resolve your case in the most favorable way possible for you, contact The Rolloff Law Office for A FREE CONSULTATION on your  Domestic Assault case. Call (612) 234-1165.

Keeping Your Traffic Record Clean (Explained)

A clean Driver's Record is a valuable thing.  At a minimum, It can make the difference between police officer discretion breaking your way, or against you.  It can also save you money when it comes to motor vehicle insurance.  How can you keep your record clean?  Talk to an experienced Minnesota Criminal Defense Attorney.

Solutions

In the State of Minnesota, there are many ways to keep a citation off of your driving reocrd.  Here are just a few.

Continuance for Dismissal.  The prosecutor can agree to continue the a ticket (like speeding, running a stop sign, etc.) for some period of time (like 12 months) on various terms and conditions.  Under this kind of agreement, at the end of the predetermined period, if all conditions have been met, the charge is dismissed by the court as agreed.  Here, no guilty plea is offered, no adjudication is made.  So, nothing is certified by court administration to the Minnesota Department of Public Safety.  In general, these conditions include: payment of prosecution and court costs (instead of a fine), and no same or similar violations.  There are many local variations on the term used for this outcome, like: Agreement to Suspend Prosecution, Deferred Prosecution, Continuance Without a Plea.

Local or City Ordinance violation citation, instead of state statute.  Police officers have discretion to cite drivers with a violation of a local or city Ordinance instead of a Minnesota State Statute.  If they do, you should be able to pay the fine, and still benefit from it not going on your State of Minnesota Drivers License Record.  This is nice, but usually this is something the police officer can, in his or her discretion, decide to do for you.  It's unusual for prosecutors to do this, though it is no impossible.  

Stay of Adjudication.  Though less desirable than any of the above, a stay of adjudication will prevent the Court Administrator from certifying the traffic violation to the Minnesota Department of Public Safety, which means it won't go on the Minnesota Drivers License Record.  A stay of adjudication involves either a guilty plea, or a finding of guilty after a trial, but the judge staying (delaying) adjudication of guilt upon conditions, for some period of time.  If the person does not violate a condition, it never become an adjudicated violation or conviction, and so never gets on the DL record.  Typical conditions include payment of money to the court, and no same or similar violations.  In criminal cases, a judge will be reluctant to give a stay of adjudication without prosecutor approval (or finding an abuse of prosecutor discretion) but in petty misdemeanor traffic cases this may not apply.

You are going to get one chance to get this right.  If you have any questions, feel free to call the Rolloff Law Office.  I'm a former prosecutor - I know how to help you with these sorts of matters. Call today: (612) 234-1165 

What Will Happen in Court (Explained)

I understand that the optimal result for anyone charged with a crime is to see it dismissed or in the alternative to have a judge or jury find them not guilty.  However, there are those times - whether it's that the State's case is a strong one or a client just wishes to not have a trial  and to be done with the whole affair - that I am tasked with answering one of the most difficult questions an experienced Minnesota Defense Attorney has to hear: "If I (have to) plead guilty - is there anything that can be done to lessen how that will look on my record?"

How Do I Plead Guilty?

As a former prosecutor and as an experienced Minnesota Criminal Defense Attorney, I know that proper representation can have a huge impact on limiting the impact that a "guilty" plea will have on an individual's record.  Believe it or not, there are a number of alternative dispositions (short of a plea of a straight-up "guilty" plea) that are used to conclude cases everyday in courts throughout the state.  Some of these options include:

I.   Certification of an Offense as a Petty Misdemeanor 

The answer to the question: when is a crime not a crime - is when that crime/offense is charged as and/or reduced to a Petty Misdemeanor. According to statute,  petty offenses do not constitute crimes.  Therefore, if say the Misdemeanor you were initially charged with is later reduced to a Petty Misdemeanor - at any date in the future if you are ever asked if you have been convicted of a criminal offense - as it concerns that offense - you can truthfully answer "no."

II.   Stay of Adjudication

Under a stay of adjudication, an individual admits to facts in court that would support a conviction; however, instead of accepting the plea, a judge (after an agrrement has been reached with the government) withholds a finding of guilt, for a period of time, usually on the condition that that individual do (or do not do) certain things.  If you sufficiently comply with those conditions, the matter will ultimately be dismissed and the plea will be vacated.

III.   Continuance for Dismissal (and/or Without a Plea)

This outcome is similar in form to a Stay of Adjudication - insofar as the ultimate result could end up being a dismissal; however, instead of setting forth facts that would support a conviction, the government usually agrees to end its prosecution after a certain period of time - provided that the offender pays some prosecution/court costs and/or is not charged with any same or similar type offenses before that time period expires.

IV.   Stay of Imposition: 

For more serious offenses, like Felonies, an individual may plead guilty (or even be found to be guilty;) however, instead of sentencing him/her on said Felony - judges can stay imposition of the sentence for a period of time on certain terms and conditions. If the individual complies with those terms, their Felony "conviction" could ultimately be reduced to/designated a Misdemeanor.  As such, all the collateral consequences that go along with a Felony conviction should not be a factor in your life going forward.

V.   Diversionary Programs

Certain cities and counties have programs in place that allow individuals to avoid a conviction if they agree to participate and comply with the terms of these classes. An example would be if someone successfully completed traffic school - a moving violation would be dismissed.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

Beat Any Ticket - Every time (or Die Trying)

When you get a Speeding Ticket in Minnesota be prepared to pay more than the cost of the ticket. Specifically, your insurance company may raise your insurance rates. So, what are you going to do... think about talking to an experienced Minnesota Criminal Defense Attorney about beating a ticket.  Honestly, the money you spend to keep the ticket off of your record will be a huge profit to you in the long run.

Understanding that almost any person that gets caught driving too fast will pay.Here's how we fight back!


Dispute the Police Officer's Opinion

Police officers often cite drivers for making unsafe turns or driving unsafely down a road. These tickets require the officer to put down his personal opinion and come to a subjective conclusion about what happened. If you have received a ticket where the officer needed to exercise some sort of personal judgment about the situation, you may be able to challenge that judgment. For example, suppose you were cited with an unsafe lane change while driving on the highway. If we show up to fight the ticket, we can argue that your lane change was safe given the weather and traffic conditions at that time. To further support our argument, we could also point out that the police officer was in front of you during the lane change, and that, due to the heavy traffic conditions, the officer most likely was paying more attention to the road in front of him rather than a car changing lanes behind him.

Subjective speeding tickets are also issued all of the time --- and it leaves it up to the police officer to determine whether a driver is driving at a safe speed. These speeding tickets are often challenged by those who are cited. If you have received a speeding ticket for going above the posted speed limit we ay be able to challenge the officer's opinion by proving that your speed was safe given the conditions. As an example, if an officer cites you for going 75 mph in a posted 65 mph zone, you may argue that your speed was safe because all of the cars in your lane were also traveling at 75 mph, and thus, it would be unsafe to drive at or below 65 mph.

Dispute the Officer's Evidence

There are yet other types of tickets where the police officer's judgment cannot be called into question. These tickets generally have to do with tickets that are clear cut, like running through a stop sign or making an illegal U-turn. Here, challenging a ticket involves challenging whether or not the officer saw you perform the ticketed action. The results of these types of cases will generally boil down to who the judge believes, and you, as the driver, will often have a high burden to overcome. However, there are certain types of arguments and evidence that you can present that may help your case by calling into question the officer's observations.

Some of the best arguments and evidence to present in such a situation are:

• Eyewitness statements from passengers, other drivers on the road or pedestrians that will confirm your story.
• Diagrams, diagrams, diagrams. The more clearly you can show where your car was in relation to the officer's car at the time of the citation, the more robust an argument you can make. For instance, a great diagram would show that the officer could not have seen you run a red light because he was trailing you too far behind to see whether or not your car was in the intersection at the time the light turned red.
• Photographs of the scene of the alleged traffic violation. Photographs can help you if, for example, they demonstrate your claim that a stop sign was obscured by an overhanging limb, or show that a traffic light was out of power at a certain time of day.

Present You Own Evidence 

In Minnesota, the judge hearing your case will be allowed to come to their own decision regarding the traffic ticket if presented with the right evidence. For certain types of tickets, like running a stop sign, you may be allowed to present evidence that you should not be required to pay the ticket because you made a "mistake of fact."

Mistakes of fact are mistakes made by drivers about the situation. To clarify, it helps to look at a few examples. First, it would be a mistake of fact if you were driving in two lanes because the lane markers were so worn down by use that you could not see them. Second, it would be a mistake of fact to make an illegal right turn because wind had recently blown down the no right turn sign.

Often, a judge will toss out a ticket that has been issued against you if you can show that you had inadequate notice. For example, if you regularly drive a stretch of road everyday and one day are ticketed for running a stop sign that was installed the previous day, you can argue that you had insufficient notice about the new sign, and that you made a mistake of fact. However, if the stop sign was up long enough for you to be aware of it, or if you never drove that stretch of road before, or if you were driving recklessly and failed to see the sign, you would probably not win this argument.

Argue that Your Driving Was Justified/Necessary

Another way to fight traffic tickets is not to deny or point out mistakes in the ticketing process, but rather to admit to the illegal driving but present another fact that makes the illegal driving justified and allowable. This is a great way to fight a ticket because you do not have to dispute the officer's statement or the charge in the ticket, but rather show circumstances that necessitated your driving.

For instance, if you were ticketed for driving too quickly on the highway, you may present evidence that you were passing a car that you thought had a drunk driver. In this situation, your speeding may be warranted as you were trying to prevent an accident that may have caused a multi-car pile up. However, this defense would be negated if the officer could prove that you kept your high speed even after passing the other vehicle on the road.

As another example, if you are ticketed for changing lanes recklessly and stopping on a highway, you may be able to fight the ticket by showing that you felt waves of dizziness and felt like fainting while driving. You pulled over your car and stopped as soon as you could so as to avoid passing out while driving. A judge could very well agree that your conduct was legally justified and throw out the ticket.

If you want to keep you insurance rates down - fight your tickets --- fight everyone of them.  As a former prosecutor, I've been involved in literally hundreds of trials on matters like these.  You would believe what good work can be done to protect you and your future.  Call the Rolloff Law Office today: (612) 234-1165