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

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

The Difference Between Shoplifting & Theft

If you have been accused of Theft --- you might want to consider contacting an experienced Minnesota Criminal Defense Attorney.  

What is Theft?

Minnesota Law defines Theft as the intentional taking of property that is not yours. This can be a temporary or permanent taken, but as long as someone takes it without permission, a Theft has been committed. 

Common types of theft include shoplifting, swindling (or tricking) someone into providing services without paying for them, writing a bad check (or a check without enough money in the bank,) using a vehicle without permission, forging a check, or wrongfully obtaining public assistance (welfare fraud).  

Consequences

The penalties for Theft offenses in Minnesota vary depending on the specific type of theft charge.  Thefts involving money or goods in value up to $500 are Misdemeanors --- punishable by up to 90 days in jail and a $1,000 fine. Thefts involving money or property of up to $1,000 are Gross Gisdemeanors punishable by up to 1 year in jail and a $3,000 fine. Thefts involving money or property over $1,000 are felonies punishable by at least 1 year in prison or more.  

What Should You Do?

The Rolloff Law Office has recently represented a number of clients accused of Shoplifting/Theft --- some cases involved  switching price tags, walking out of the store with paying for an item,eating food in a store without paying for it, or return fraud.  This is an extremely common crime in Minnesota.  Stores, especially large retail chains, use a vast array of methods to combat this, using cameras, undercover store security, magnetic sensors, and electronic article surveillance. 

If you need help (or more information,) feel free to contact us today for a FREE CONSULTATION: (612) 234-1165.

Roseville & Maplewood Shoplifting Attorney

If you have been charged with Shoplifting, you need an experienced Minnesota Criminal Defense Lawyer to protect your interests. There are different levels of theft offenses in the State of Minnesota, and a conviction for any type can have serious consequences on your job, schooling, and living arrangements. 

Former Prosecutor

At The Rolloff Law Office, we handle the defense of all types of crimes, including Shoplifting charges. We put to use our previous experience as prosecutors to help our clients earn the right results by giving them sound and considered legal guidance, based on over a decades worth of experience of criminal law practice. 

Theft Crimes (Explained)

In the State of Minnesota, the level of severity of a theft crime and the consequences one might suffer - if convicted depends on a number of factors.  In many instances, the key question is how the State valued the property involved. 

If you have been charged with a  theft offense, we can often get you a favorable outcome, particularly if you have no prior charges or convictions.   We can also help keep felony offenses off of your record ... by getting you into a diversion program.  

Theft crimes carry potentially serious consequences, including jail sentences an looooong probation terms, not to mention a stain on your criminal record. With so much at stake, it is crucial that you get sound guidance regarding all your legal options. Let us help you make the best decisions possible.  Call The Rolloff Law Office for a FREE CONSULTATION - today - (612) 234-1165. 

Roseville & Maplewood Shoplifting Attorney

Many people are unaware of the serious consequences of a Minnesota Theft/Shoplifting conviction. 

Even if you have been charged with a misdemeanor offense, you may still face jail time and/or a fine. And, you may face problems in the future because employers, banks, professional associations, credit bureaus, colleges, universities and landlords may check your background before agreeing to work with you.

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Because being charged with Shoplifting is serious - not only in court but also to your career and professional life - you should strongly consider hiring a Minnesota Criminal Defense Attorney.

Shoplifting is a serious crime.  Being charged with Theft, no matter how small the amount, can  negatively impact your life. If you have questions, call the Rolloff Law Office to get FREE ANSWERS --- (612) 234-1165

St. Paul Prostituion Lawyer

Prostitution and solicitation charges vary in severity depending on your alleged level of involvement. This is why you should strongly consider talking your case over with an experienced Minnesota Criminal Defense Attorney.

Depending on your alleged involvement, you have the potential of being charged with anything from a misdemeanor up to a felony. In addition, if your alleged involvement happened in a school or park zone, the penalties are more severe than they would normally have been. Finally, prostitution and solicitation charges can have profound personal consequences on your life, regardless of the outcome of the criminal case. 

If you or someone you love needs help with a criminal case, like prostitution and/or solicitation, call the Rolloff Law Office  to set up a free consultation: (612) 234-1165

Apple Valley Shoplifting Attorney

Theft is a term that encompasses various offenses. It is the defined as the act of taking services or property from another individual intentionally, and with the intent to deprive the owner of them permanently, without their authorization or consent.

Theft crimes can be categorized as felonies, misdemeanors or gross misdemeanors --- the of offense is typically determined by the value of the services or property stolen, the person you allegedly stole from, and whether the theft involved a dangerous item such as a weapon, explosive, or vehicle.

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In Minnesota a theft charge may lead to harsh penalties such as hefty fines and imprisonment, mandatory counseling, community service, and paying restitution to the alleged victim. Moreover, since theft is viewed as a crime of dishonesty a conviction will make it very difficult to find employment and even housing.  This is why you should seek some professional insight from an experienced Minnesota Criminal Defense Attorney.  

Because of the seriousness of a theft/shoplifting charge, it is important that you have a lawyer with a proven track record in criminal defense help you.

The Rolloff Law Office has extensive experience and has had great success in defending shoplifting/theft criminal cases. 

Time and time again, I have won DISMISSALS and NOT GUILTY verdicts for my clients in Theft cases. 

Call me --- I'll explain the best defense strategy and how I will fight to win your case. You are presumed innocent. Just because you have been charged with theft does not mean you are guilty.

To protect your future, call The Rolloff Law Office  today: (612) 234-1165.

Minnesota Theft Crimes (Explained)

The laws of the State of Minnesota list a number of specific actions that, when committed, would constitute the offense of theft. To get to the bottom of this - read on - and consider calling an experienced Minnesota Criminal Defense Attorney.

Theft (Defined)

A person commits theft under Minnesota law when he or she: intentionally takes, uses, transfers, conceals or retains possession of property belonging to another, with the intent to permanently deprive the owner of the property
obtains possession, custody, or title to property or services by intentionally deceiving another person with a false representation files a false medical claim, finds lost property but makes no reasonable attempt to restore it to its owner
leases or rents personal property but fails to return the property or pay for the property, intentionally deprives another of a lawful charge for cable television or telecommunications service, or, takes or drives a motor vehicle without the owner’s consent. (Minn. Stat. Ann. § 609.52 Subd. 2.)

Classification of Theft Offenses and Penalties in Minnesota

Like many other states, Minnesota classifies theft offenses according to the dollar value of the property or services taken (and sometimes according to the type of property). 

Property Valued at Less than $500

The lowest level theft offense in Minnesota -- often called petty theft -- occurs when the value of the property or services stolen is $500 or less. A person who commits theft at this level will receive a sentence of imprisonment of not more than 90 days and/or a fine of not more than $1,000. (Minn. Stat. Ann. § 609.52 Subd. 3(5).)

$500 to $1,000

If the value of the property or services is more than $500 but not more than $1,000, a theft offense is punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $3,000, or both. (§ 609.52 Subd. 3(4).)

$1,000 to $5,000

When the value of the property or services stolen is more than $1,000 but not more than $5,000, a theft offense is punishable by a sentence of imprisonment of no more than five years, or a fine of not more than $10,000, or both. 

Theft offenses at this level also include:

• theft of a Schedule III, IV, or V controlled substance
• theft when the value of the property or services stolen is more than $500 but not more than $1,000, and the person has a conviction of a similar offense within the preceding five years, either in Minnesota or elsewhere, or
• the property stolen is not worth more than $1,000, and is taken from a corpse, grave, or coffin; or is a public or court record; is taken during a riot or disaster; or is a motor vehicle. or court record. (§ 609.52 Subd. 3(3).)

More than $5,000

Where the dollar value of property or services stolen is more than $5,000, the offense is punishable by a sentence of imprisonment of not more than 10 years, or a fine of not more than $20,000, or both. Theft offenses at this level also include: theft of a trade secret, theft of an explosive or incendiary device, or, theft of a Schedule I or II controlled substance, other than marijuana. (§ 609.52 Subd. 3(2).)

More than $35,000

Finally, the most serious form of theft under Minnesota law is punishable by a sentence of imprisonment of not more than 20 years, or a fine of $100,000, or both. Theft offenses at this level include: theft of property or services valued at more than $35,000 when certain aggravating circumstances exist, which include fraud, deceit, or a vulnerable adult victim, or theft of a firearm of any value (§ 609.52 Subd. 3(1).)

For more information on how to defend yourself - even if you think you're guilty of Theft --- perform your own legal research or call the Rolloff Law Office to set up a FREE consultation  (612) 234-1165.  

Theft & Shoplifting - Bloomington (Explained)

A Theft and/or Shoplifting charge in Minnesota can be one of the more severe and harshest crimes when compared to similar level criminal offenses.  Not only can a conviction stay with you for the rest of your life... it can have a major impact on your employment/job prospects, your housing options, and it can stain your name forever. For that reason, it is important to take the time to understand some of the basics surrounding Minnesota Theft crimes. As an experienced Minnesota Theft Crimes Defense Attorney, I have answers (and solutions) for the most commonly asked theft offense questions and cases.  Let me put my experience as a Prosecutor to work for you to help you with a basic understanding of Minnesota Theft offenses, as well as possible Theft defenses.

Just because you have been charged doe not mean you have to plead guilt and/or that you will be convicted.  

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

Ramsey County & St. Paul Prostitution Arrests (Explained)

Prostitution arrests are one things ... earning a conviction is something entirely different.  Believe it or not - an experienced Minnesota Criminal Defense Attorney can help you defend yourself yourself against such an allegation.   

Prostitution Arrest Defenses 

These are the number one options for defending a Prostitution charge in the State of Minnesota:

1. Entrapment

This defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is somewhat easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.

2. Due Process 

This defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. As an example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.

3. Lack of Probable Cause 

This defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for ANY offense   This means: there mus be an explicit offer to engage in sexual contact for hire must be reached and documented. If the government cannot prove that such an agreement occurred, the accused can use this defense. It will be left up to a judge to determine whether theprosecution has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

Prostitution is an all too often  embarrassing charge that most offenders wish to keep under wraps. The government knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have an experienced Minnesota Criminal Defense Lawyer to help you through the complex legal proceedings.

The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is needs legal help - call the Rolloff Law Office to set up a free consultation: (612) 234-1165.  

Minnesota Shoplifting Attorney

If you have been arrested or cited for Shoplifting – you may think the situation is bad.  However, don’t just give up and assume there is nothing to do.  You’re facing a possible Theft charge that can have devastating effects on your future.

In a shoplifting case, like any other, an experienced Minnesota Criminal Defense Attorney should look at a case from three ways:


1. Do you have any factual defenses?

Assuming everything in the police reports is true and accurate, does it all add up to the elements of the charge you’re accused of?  If you’re charged with theft, can they prove that you had the specific intent to steal?  How can they overcome whether or not it was an accident or mistake on your part?  I know these are subtle distinctions, but they are necessary elements of the crime the government must be able to prove beyond a reasonable doubt.

From there, we know that the reports are not always 100% accurate.  What in the report doesn't add up?  Are times, sequences or witness statements conflicting with each other?  Are there obvious errors in what happened that can be easily torn apart? When I consult with my clients, we review the facts of the case down to the smallest detail to see where the gaps in the case are.

2. Do you have any legal defenses?

Because most shoplifting cases involve a “private person’s arrest” (sometimes called a “citizen’s arrest”) by the store personnel, they are not necessarily under the same rules as the police.  Under the law of the State of Minnesota, they do have a right to detain a person they suspect of shoplifting.  If they search you, they don’t have to have a warrant or probable cause like the police do.  But that doesn't mean that they can do whatever they want.  The store loss prevention officers (a.k.a. security) must still act within the law and appropriately.  I have had cases where the loss prevention agents spied into dressing rooms – a clear violation of criminal law.  This can absolutely be used to our advantage in your defense.  Similarly, if the store security guards used excessive force, that can lead to a tremendous advantage to you either in negotiating your case or fighting it at trial.

From there, the actions by the police – Miranda warnings, searches or other police procedures can factor into how to defend your case.

3. If the facts and the law are against you, how can we best protect you?

Assuming the facts and the law are stacking up against you, what can be done?  Often, there can be alternative dispositions worked out, hopefully to avoid a conviction for a misdemeanor theft offense.  Diversion, deferred entry of judgment, reduction to a misdemeanor or non-theft related charge are all potential outcomes.  

Every case is unique, but by working with the Rolloff Law Office, well before your court date, there are things we can do to help put you in the best possible position for a good outcome in your case when we go to court.

Don’t wait until the last minute before you are due to appear in court.  Give call the Rolloff Law Office today to set up a free consultation: (612) 234-1165.  

MN Prostitution & Solicitati (Explained)

Prostitution is defined in the State of Minnesota as the act of engaging, agreeing to or offering to engage in sexual contact or sexual penetration for a fee. Prostitution is closely connected to solicitation, pandering, loitering with the intent to prostitute and sex trafficking. If you have been charged with one of these crimes, if you or someone you love has been cited for this offense - contact an experienced Minnesota Criminal Defense Attorney. 

The Law

Prostitution and solicitation cases come in many forms, including:

• Engaging in any sexual activity for money
• Loitering in a public place with the intent to prostitute
• Induce (or solicit) an individual to practice prostitution
• Promotes the prostitution of an individual (pimping)
• Prostitutes in a school or park zone

As I'm sure you acknowledge, ANY prostitution conviction is a serious criminal offense that should not be taken lightly. Whether you are the patron or the prostitute, you could be looking at severe fines and prison time if you are found guilty.

Punishments

If you are convicted of prostitution you could be looking at a sentence as high as 20 years in prison and $40,000 in fines. In most instances, however, prostitution is considered a misdemeanor offense and comes with a $1000 fine and 90 days in jail. However, your penalty will depend on a number of things including your criminal history, the intent of your crime, where and when the crime took place and the people involved.

Sex crimes are serious. Although prostitution is often classified as a misdemeanor offense this does not mean you should try to fight this arrest on your own. Anything you say to the arresting officer can be used against you at a later date. Your best move is to remain calm and silent and speak to the Rolloff Law Office.  Feel free to call today: (612) 234-1165 if you have additional questions about your prostitution arrest? 

Minnesota Minor Consumption (Explained)

Despite the misconception that "everyone does it," consumption of alcohol by minors is taken very seriously in the State of Minnesota by the juvenile justice system. Whether you are a parent seeking help for your child or you are a student who was caught drinking on campus, it is important to seek out the advice of an experienced Minnesota Criminal Defense Attorney.

At the Rolloff Law Office, we represent juveniles against charges of minor consumption as well as underage Drunk Driving. She takes a all-encompassing approach to these issues, representing clients' legal best interests while also helping them obtain any needed help for substance abuse or other personal issues. 

Protecting the Rights of Juveniles

Having had been a kid myself ... and one who got himself into a wee-bit of trouble ... I understand the nuances associated with juvenile cases. Having had work both as a juvenile prosecutor and a defense attorney I get the complexity of the juvenile justice system.  I also have a fairly solid grasp on its resources and the programs that are available to minors who have committed a crime. 

I work  to absolve my clients of criminal penalties as well as to protect their charges from being part of the public record. Many attorneys who do not focus on juvenile law fail to understand that both issues are important, as felonies — even after being negotiated down — will remain public unless they are dealt with properly.

In the end, I appreciate that minors are children, not adults, and need to be treated as such. As such, they should be given a chance to resolve issues rather than have their reputations/futures ruined.  I'll  work with the state and the judge to develop a program that is best suited to meet the needs of the minor and that will allow the best chance for a successful future.

At the Rolloff Law Office, your child will be treated like an individual, not a legal problem. For a free initial consultation*, contact me today: (612) 234-1165 to set up a FREE CONSULTATION.

Minnesota Speeding Tickets - 100 MPH or More (Explained)

As we're all too well aware - there's winter and then there's a Minnesota winter. Well, in Minnesota there's Speeding - and then there's Speeding (in excess of 100 m.p.h.) 

During the month of July, law enforcement in the State of Minnesota issued over 70 tickets to drivers traveling at speeds greater than 90 m.p.h.  Believe it or not, twenty-one of those individuals topped the triple-digit mark - 100 m.p.h.

Tickets (Explained)

The average cost of a speeding ticket in Minnesota is about $120 (including all fees and surcharges) for those clocked going about 10 miles an hour over the limit. Motorists stopped at 20 m.p.h. over the limit face about double the fine. But, when clocked at speeds that start approaching triple digits --- the penalties handed out by judges can include fines of up to $1,000 and a 90 day jail sentence.  In addition to that, those driver's ticketed traveling more than 100 m.p.h. can lose their driver's licenses for six months.  See Minn.Stat § 169.14 (link)

What Should You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer. 
I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call today to schedule a free, no-obligation consultation, today.

Shoplifting - Explained

Retail theft, or as it is commonly called Shoplifting, is a serious criminal charge. Although the penalties may vary, based on the value of the item allegedly taken, the long term consequences (beyond the sentence imposed by the court) can be detrimental to you, to your family and to your future.

Should You Hire an Attorney?

This is a question I get more times than I can count. Let me put it to you this way - if you even think that you might need an attorney - you need an attorney.

Sure, on its face, a Shoplifting charge may seem like a small matter.  However, there is more to it that meets the eye; because, although you may just get a slap on the wrist from the judge - know this --- any conviction for Theft can remain on your criminal record - forever.

What this means is that "small matter" isn't really so small - right?  Envision looking for a job, applying for a scholarship, renting an apartment or any other situation someone might do a simple background check on you - does it seem so "small" now?  And heaven forbid, you should face a similar-type accusation in the future.  Seriously, if that does turn out to be the case, not only is your creditability brought into question - because who is going to listen to a person with a prior Theft conviction - you could also be risking some serious jail time.

So, back to the question of whether you should have an experienced Minnesota Criminal Defense Attorney on your side, fighting for you if you're charged with Shoplifting?  The answer is simple - right?

Can a Shoplifting Charge Be Beat?

As a former prosecutor, I've seen these cases from the inside.  I appreciate how hard it is for the government to prove that an individual is guilty, beyond a reasonable doubt. And, those circumstances can be exploited - to your advantage.

Although the specifics of a good defense depend on the facts of your case, generally speaking, there are any number of different defense strategies one can employ against these charges. For example, a motion can be brought to have the case dismissed for a lack of evidence or to have certain evidence dismissed because your constitutional rights were violated.  Also, a thorough examination can be done of the evidence gathered against you, and the individuals making those who collected that evidence and/or made accusations asserting that you in fact stole. 

On the odd chance that the facts aren't necessarily on our side, the challenge does not end there.  I have negotiated many settlement agreements and I've been successful in getting the charges and/or the fines reduced. 

An attorney can look out for your best interests, he can argue for leniency and he can make sure that a minor mistake doesn't have to follow you around for the rest of your life.

What Should You do?

As with any case, an experienced Minnesota Criminal Defense Attorney is your best ally.  He or she can fight to preserve your right and your future.  He can pour through the government's evidence and help develop the best defense strategy possible.  He can also be you voice when working out a deal with the government - if it comes to that.