Showing posts with label danco order. Show all posts
Showing posts with label danco order. Show all posts

Wednesday, February 12, 2014

Scott County Domestic Assault Attorney

Have you or someone you love been accused of domestic violence?  All too often this means that they have have been accused of causing a family or household member bodily harm. If this is the case - understand that: There are very serious consequences that one could experience if he/she is found guilty --- including: jail time, fines, and a criminal record that follows you for the rest of your life.
If you have been accused of domestic assault, it is important to work with a Scott County Criminal Defense Attorney who puts your best interests first. 

WHY HIRE A LAWYER?

Unfortunately, there are times when domestic assault allegations arise out of other conflicts. Perhaps there is a divorce going on or there is a child custody battle. It is unfortunate that there are such cases, which makes it even more important to defend yourself against the charges.
If convicted, the conviction will most likely negatively impact any battle for child custody and could have an influence on the divorce. If convicted of domestic assault, you could also be subject to an order for protection, which could affect your ability to see any children you may have or how you see them.
Violating an order for protection is an offense in itself. If it is violated, you could be looking at time in jail.
Other consequences of a domestic assault conviction include anger management courses, counseling, and probation. Avoiding as many of the consequences as possible is why you need a Minnesota Criminal Defense Lawyer by your side every step of the way. 
Even if there is some merit to the charges, you can still have a much better future than you would have if you didn’t effectively defend yourself. Sometimes charges can be inflated and that means paying penalties that are harsher than what you should have to pay. By using the facts in your case, a fair outcome can be had.


WHAT NOW?
Domestic assault is aggressively pursued and prosecuted in Minnesota because of what can potentially result if legitimate cases are allowed to continue. 
If you have been accused of domestic assault, whether the charge is legitimate or not, you need the experience of a qualified criminal defense attorney to protect your interests. To learn more, call the Rolloff Law Office at (612) 234-1165.

Tuesday, January 7, 2014

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.