What is Minnesota Gross Misdemeanor?

As an experienced Minnesota Criminal Defense Attorney, I get lots of questions.  Here's a common one:

What is a Gross Misdemeanor?

Under the laws of the State of Minnesota, a gross misdemeanor is a category of criminal offense that is punishable by a fine of up to $3,000 and/or one year in jail. 

Gross misdemeanors are considered more serious than misdemeanor offenses, but they are not as serious as felonies. If you have been charged with a gross misdemeanor, it is your right to secure the services of a highly qualified Minnesota Criminal Defense Lawyer. 

Although a gross misdemeanor may not seem serious, the consequences of a conviction can follow you for the rest of your life. By fighting the charges, you may be able to minimize – or in some cases, completely avoid – the consequences.

A List of Gross Misdemeanor Offenses

• Repeat assault offenses
• Refusal to Submit to Testing
• Some DWI offenses (such as repeat violations or high alcohol readings)
• Certain other traffic violations
• Fifth Degree Criminal Sexual Conduct
• Interference With a 911 Call
• Prostitution and some other sex crimes. 

When you hire an experienced Minnesota criminal defense attorney, you will receive the guidance that you need throughout the legal process. The Rolloff Law Office has helped many individuals throughout Minnesota with defending against gross misdemeanor charges.  A conviction can lead to fines and jail time. The judge may also order counseling, house arrest, restitution or community service. This is in addition to the conviction that is present on your criminal record, which can be seen by potential landlords or employers, financial institutions, or anyone else who might be curious. Even a non-felony theft conviction can cause you problems in the long-term, putting your future at risk. Your attorney will help you by giving you the comprehensive legal help that you need to get the best result in your case.

Call today, for a FREE CONSULTATION: (612) 234-1165

Why Hire a Criminal Defense Lawyer

If you have been accused or charged with a crime, you must understand that you have the right to an attorney.  At anytime, you can ask for a lawyer ... from the accustaion, to when you're being questioned by the police or any time later in the process ... all the way up until trial. 

If you can't afford an lawyer, you can ask the judge for a court-appointed attorney - a public defender. Otherwise, you'll be expected to pay for the services of a criminal defense lawyer yourself.

How to Choose the Right Criminal Defense Lawyer

To find the right Minnesota Criminal Defense Lawyer - first - look for someone who works your type of case. A lawyer who handles mostly DWI charges, for example, might not be the best person to handle charges of assault or homicide. Another factor to consider is whether the lawyer practices criminal defense in the particular court or county where you'll be tried.
 
Meet With the Lawyer
Often, the best way to get to know someone is to take their measure - face-to-face.  This is the best way to get answers to your questions. If the case is routine, the lawyer may be able to give you an idea of what could happen --- without looking at the police reports and other documents.  However, *** be warned *** no lawyer should try to give you any guarantees about the outcome of the case.

A Criminal Defense Lawyer Can Help

The law surrounding your defense, when accused of a crime, is complicated --- even if you think it isn't. Plus, the facts of each case are unique --- so, what happened to "some guy you know" may not be what happens to you. For more detailed, specific information, please contact a Minnesota Criminal Defense Lawyer.

I'm a former prosecutor ... who has worked thousands of cases.  Any questions ... anytime, please feel free to call or text the Rolloff Law Office: (612) 234-1165.

Domestic Assault Lawyer - Richfield

DOMESTIC ASSAULT is a crime in the State of Minnesota and it can be charged out as a Misdemeanor, Gross Misdemeanor or Felony.  Additionally, the charge and/or a conviction can have lasting negative consequences to a defendant and his or her family.  This is why you should get answers from an experienced, Minnesota Criminal Defense Attorney --- before things turn into an even bigger mess.    

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

1. 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.  

2. Anger and Chemical Use Assessments

Most judges will order an individual convicted of 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.  

3. 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 Richfield Domestic Assault Attorney Jay Rolloff?

Jay Rolloff is a Minnesota criminal defense attorney with experience both prosecuting and 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 Richfield Domestic Assault case. Call: (612) 234-1165.

Shoplifting & Theft at Mall of America (Explained)

Defending the accused against a Theft or Shoplifting charge in the State of Minnesota requires quick action and effective legal remedies by an experienced Minnesota Criminal Defense Attorney.

Theft/Shoplifting (Defined)

In Minnesota, a theft crime conviction usually falls into one of three categories:

• Misdemeanor – for theft of property worth below $500; punishment may include 90 days in jail and/or a maximum $1000 fine
• Gross Misdemeanor – for theft of property worth between $500 and $1000; punishment may include one year in jail and/or a maximum $3000 fine
• Felony – for theft of property worth above $1000; punishment may include at least one year in jail up to a lifetime sentence and/or maximum fines indicated by Minnesota Law

Any of these charges pose a serious threat to your liberties, personal relationships and livelihood and it’s in your best interest to have a Theft Crime Defense Attorney by your side to help you understand the legal consequences of your case and implement a legal defense that may help you avoid severe penalties.

The Rolloff Law Office been handling the defenses of Theft and Shoplifting crimes in the Twin Cities and all over Minnesota for years. Among the cases we’ve handled include:

• Shoplifting
• Robbery
• Stealing
• Mail Fraud
• Bank Fraud
• Check Fraud
• Burglary
• Embezzlement
• Credit Card Fraud
• Insurance Fraud
• Internet Fraud

And, as a former state prosecutor, I have a profound understanding of the Minnesota legal system and how it deals with criminal matters. With a prosecutor’s trained eye, I can see through each case and identify, plan and carry out effective legal strategies on issues like search and seizures, evidentiary and Miranda issues.

When you entrust your case to us, you’ll enjoy full legal representation, from incisive discussions about your case so you have complete knowledge of where you stand to legal counsel any time of day, any day of the week.  Call for a FREE CONSULTATION: (612) 234-1165.

How to Hire a Minnesota Criminal Defense Attorney (Explained)

Being an experienced Minnesota Criminal Defense Attorney, I meet lots people who are looking for a help with a criminal case. Many times, the need is urgent because someone in their family was just been arrested, or they hear that there is a warrant out for their arrest. In those circumstances, there can be almost a panic to hire a lawyer. So how do you do it?

Factors

First, and this may seem obvious but it is surprising how many times people miss it, make sure that the lawyer you are talking with handles criminal cases. Just because some attorney handled your divorce or the closing on your house does not mean that lawyer would do well in a criminal case. Nevertheless, one of the best places to start is with lawyers that you may know. Ask them who they would hire for the type of case.

This part is also important. Not all criminal defense lawyers handle all criminal cases. Federal law, for example, is generally dramatically different from state law. Make sure the lawyer can handle your type of case.

Second, should you find out the fee before you go to see the lawyer? That depends. If you are pressed for time or you know that you are going to hire a particular lawyer, it is a good idea. On the other hand, if you have some time, I would recommend seeing several lawyers. Law is an art, not a science, and there are several different ways to approach the same problem. You should go with a lawyer you are comfortable with. To know who that is, you should visit a few. You should also hire a lawyer whose direction or outlook is the same as yours. Stay away from lawyers that try to push you into a particular choice of action, such as pleading or trial, without knowing a great deal about the case.

Three, stay away from lawyers that promise really good results. Good results can happen, but even the best lawyers do not always get the results they want. The reality is there are three types of cases: cases easily won (acquittal), cases easily lost (conviction), and cases in the middle. Every client wants to think that their case can be easily won. That is not the case. Good lawyers will have higher winning percentages, all things being equal, of the cases in the middle. Cases easily lost are cases in which the evidence is rather strong and you might want to really consider a plea bargain. Some lawyers are better at trial than at negotiations. If you are not familiar with the evidence that will be presented against you, you should be prepared for all possibilities. Sometimes it is better to hire a lawyer who can negotiate a good deal for you rather than a fire-breathing trial monster. If the evidence is overwhelming, you may want someone who can minimize potential jail or prison time. A trial monster may not be such a person. On the other hand, you may decide that you are going to trial no matter what. In such a case, get the trial monster.

Fourth, if you do have some time and have been able to talk with several lawyers, you will most likely wind up with more than one lawyer you are considering. If that is the case, go with the lawyer that you felt the best about.

What You Can Do Now

You (or a family member or a friend) are about to go through a pretty traumatic and rough experience. While the tips I've given above will help you decide who is qualified, there is realistically no way I can tell you who you would be best hiring. You would do well to go through this experience with someone you get along with.

Call the Rolloff Law Office today to set up a FREE Consultation --- (612) 234-1165

Minnesota Criminal Defense Questions (Answered)

As an expereinced Minnesota Criminal Defense Attorney I get questions - lots and lots of questions.  Here are some of the most common ones.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At The Rolloff Law Office, we provide personal legal services on a one-on-one basis, and our results-oriented approach to defending charges and our reasonable rates can allow you to have the quality defender you need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a Minnesota DWI charge?

Any DWI offense carries the potential of jail time. Under Minnesota Statues, chapter 169A, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. This is in a simple DWI offense, without any aggravating factors or a breath test refusal. If you have a prior conviction of DWI within the last 10 years, including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of an attorney. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your office defend?

The Rolloff Law Office is committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Assault, Drug Charges, Disorderly Conduct to any manner of Theft crimes --- from Misdemeanors to Felonys.  Expereince criminal defense representation unlike any youve ever known before - that's a promise.  Call today: (612) 234-1165.

Minnesota Criminal Sentences (Explained)

Just as many of us know - there's more than one way to skin a cat - there are also many ways a Minnesota criminal case can be resolved.  As an experienced Minnesota Criminal Defense Attorney, I've worked out deals that have encompassed everyone of these outcomes. 

Below are a list of the sentences one may receive in a Minnesota courtroom - with the best outcome (save for an outright dismissal) listed at the top with the "less" better results following behind.    

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): Here, the government sets aside your case for a set amount of time, and they then will dismiss the case after that period of time if you fulfill all of their conditions.
• Stay of Adjudication: The individual offers a guilty plea to the court, but the court does not accept it.  There is then a probationary period set with certain conditions.  If the terms of the probationary period are met, the case is dismissed at the end of that period.
• Stay of Imposition: The charged individual offers a guilty plea to the court which the court accepts, but does not impose the full sentence.  There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
• Stay of Execution of Sentence:  An individual offers a guilty plea which the court accepts.  He/she is then placed on probation, with certain (or all) terms of the sentence are stayed - not given.  For example, someone who is sentence to 30 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence:  Here, the accused offers a guilty plea which the court accepts, and the sentence is imposed without any terms/conditions stayed.  For example, someone who is sentenced to 90 days of jail “executed” would actually have to serve that jail time.

What Can 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 their arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in their case, as well as any 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 at (612) 234-1165 and schedule a no-cost, no obligation consultation.

Minnesota Theft Crimes (Explained)

Theft offenses can range from Shoplifting, which is a often cited as misdemeanor, all the way up to Aggravated Theft of Property, which is a felony.

Regardless of the charges you or someone you love may be facing pertaining to Theft, odds are you will need the services of an experienced Minnesota Criminal Defense Attorney who focuses his practice on these types of crimes to ensure that your rights are upheld and that your future isn't ruined.

What You Should Do?

If you are facing theft charges in Minnesota, I'd advise you to contact the Rolloff Law Office as soon as possible.  The quicker you have an attorney involved in the handling of your case, the more effective he can be and the better the results may be for the outcome of your case. I'm a former prosecutor who has worked dozens of these cases - from both sides of the aisle.  I am in a unique position to help you fight these charges and/or earn you the best possible outcome.  Call today to set up a FREE consultation: (612) 234-1165.

Why You Should Do That

Theft charges will follow if you take control of another's property or services with the purpose of trying to deprive them of it without their permission - through the use of force, deception, threat, or intimidation. The seriousness of the charges and the penalties these accusations carry will depend on the facts of your case, including the value of the goods, property, or services that was stolen. The charges will be elevated even further under specific circumstances, such as theft involving the elderly, disabled persons, theft of a firearm, or theft involving drugs.

In order to protect yourself in court and minimize the adverse consequences, it is in your best interests to consult with an experienced Minnesota Criminal Defense Attorney who has the knowledge and skills to aggressively defend you. against these charges.

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.