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

Not Read You Rights? (Explained)

Did Cops Fail to Read You Your Rights?

Many people in the State of Minnesota believe that if a police officer does not read you your rights, your case will get dismissed. Unfortunately for people charged with a crime, this is not true. 

“Your Rights”, also known as the Miranda Rights, only apply if the officer asks you questions while you are in custody. This is often referred to as custodial interrogation. This means if you are in the officer’s or the police department’s custody, and not free to leave, and an officer asks you questions without first reading you your Miranda Rights, your statements cannot be used against you at trial. 

However, if you are: (a) not in custody, or (b) you are arrested and you are not read your Miranda Rights, that does not mean the charges against you will be dismissed, it only applies to your statements being admissible at trial --- those things that you tell a law enforcement officer that is against your interest. 

Of course this isn't the only time your eights might be tread upon, that's why you should contact a Minnesota Criminal Defense Attorney.  

If they are not read to you, it does not mean your case is dismissed, however, it could mean that your statements cannot be used against you at your trial ... and that might lead to a verdict in your favor.

If you want to know more, call the Rolloff Law Office: (612) 234-1165

Should I Hire a Minnesota Defense Attorney?

It can be hard to decide whether to hire an attorney for your case. Here are a few of the benefits of hiring an experienced Minnesota Criminal Defense Attorney, in the event you are facing criminal charges.

• Pleading Guilty Without an Attorney Is Often More Costly

There are many long term and short term consequences to pleading guilty to any crime in Minnesota. As a former prosecutor, I can inform you of all the consequences and costs that may result from the criminal charges you are facing and assist you with making an informed decision about your case. Factoring in all the consequences and penalties you are facing from the criminal charges, the expense of hiring one of our attorneys is often less expensive than pleading guilty guilty without a fight. 

• Time is Important, Delaying Can Hurt Your Case

Preparing an aggressive and successful defense for any criminal case requires a time commitment from your attorney. The earlier in the process you retain a lawyer, the quicker he can begin to request discovery from the prosecutor, investigate and gather facts, and prepare an aggressive defense for your case. 

• Going Through The Process Alone Is Hard

When you are charged with a crime, you are alone. Law enforcement officers, prosecutors, and judges are not there to help you or your case. Your lawyer is the only person with any influence in the courtroom that is on your side, throughout the whole process. A strong and powerful relationship between you and your attorney is built on communication and trust. You will need to trust your lawyer with important information and facts relating to your case, and also be able to rely on the advice given to you by your attorney.

If you have questions - call the Rolloff Law Office today.  All consultations are FREE: (612) 234-1165

Minnesota Stay of Adjudication (Explained)

There are a lot of ways to conclude a case that can have the effect of not adding to your record --- even when you plead guilty.

In any case, your experienced Minnesota Criminal Defense Attorney can help you avoid a long-term mark on your criminal record (even if you plead guilty) by negotiating a Stay of Adjudication.

What is a Stay of Adjudication?

If you are guilty of an offense (or it is likely you would be found to be) - this is a decent outcome because  the offense can be kept off of your record if you successfully complete probation.

How it Works

Yes - you have to plead guilty.  However, the judge does not accept the plea.  What this means is that a conviction is not entered against you --- and if you successfully comply with the conditions the court puts on you (during the period of the stay) --- at the end of that time the matter is dismissed.

If you are charged with ANY offense, and you do not want take the matter to trial --- a Sty of Adjudication is the best possible way to avoid any conviction going on your record.  As a Minnesota Criminal Defense Attorney I have negotiated a number of these accommodations   If you want to find out how to avoid a conviction - even though you maybe guilty - call the Rolloff Law Office at (612) 234-1165 to set up a free consultation.  

MN Assualt Chrges (Explained)

Assault is defined as the intentional use of violence and force on another person in order to cause bodily harm, or putting that person in fear of being harmed. There are many different types of assault crimes such as stalking, harassment, battery, assault with a deadly weapon, terrorist threats, sexual assault, child abuse and domestic assault. Depending on the circumstances of the case, it can be charged as either a misdemeanor, gross misdemeanor or felony offense. 

Domestic assault is the act of physically harming, threatening or harassing a family member such as a spouse or blood relative, someone with whom you live, a boyfriend, girlfriend, or domestic partner.

As a Minnesota Criminal Defense Attorney, I have worked on hundreds of cases like these.  As a former prosecutor, I can tell you they are tough for the state to prove; however, without a good lawyer by your side - you could be in for a heck of an uphill battle.  

Degrees of Assault

First Degree Assault: This crime is charged when the alleged victim is inflicted with great bodily harm or if the offense is committed against a peace officer.

Second Degree Assault: The defendant may be charged with this offense if a dangerous weapon is used in commission of the crime.

Third Degree Assault: This crime is charged when the defendant assaults another person and causes substantial bodily harm, or if the defendant is accused of assaulting a minor. It is a felony to assault a child under 4 years of age.

Fourth Degree Assault: This charge is a gross misdemeanor that results from assaulting a police officer, fire fighter, or emergency medical personnel in commission of their jobs.

Fifth Degree Assault: This crime can be charged when a person intentionally commits an act to cause fear of immediate bodily harm or death to a victim, or if they intentionally inflict or attempt to inflict physical harm upon a victim.

The Consequences of Conviction - Criinal and otherwise

A conviction in an assault case can result in:

• Imprisonment
• Fines
• Restitution
• Anger management classes
• Mandatory counseling
• A restraining order
• The loss of your rights to own and possess fire-arms --- forever!
• Child custody problems (domestic assault)

There are various factors that will determine the harshness of the sentencing, including the severity of injuries resulting from the assault, the use of a deadly weapon such as a gun or knife in the assault (aggravated assault), and the person's prior criminal history.

What Should You do?

If you have been charged with assault, a knowledgeable law firm should be contacted immediately for assistance. Any type of assault case requires immediate intervention by a skilled lawyer who can protect your rights. The Rolloff Law Office offers highly skilled assistance with assault cases, including domestic assault. We are well-versed in assault laws and can provide the qualified and knowledgeable legal representation you will need when fighting domestic assault charges.  Want FREE ANSWERS? Call today: (612) 234-1165.