Minnesota Legal Questions (Answered)

As an experienced Minnesota Criminal Defense Attorney you know I get a lot of questions.  Here are some FREE ANSWERS to some of the most common ones.

What is the cost of criminal defense for my criminal charges?

The Rolloff Law Office's fees are very competitive and we work with you to protect your rights and defend you. This includes investigating the facts, police, and witnesses to determine evidence that will prove your innocence. We charge a flat rate for criminal defense based on the complexity of your case. Our legal fees for criminal defense will cover your attorney's fees all the way throughout discovery, probable cause hearings, pre-trial motions and trial.   

What is the difference between a misdemeanor, petty misdemeanor, gross misdemeanor, and a felony?

Petty Misdemeanors are punishable by up to $300 fine. You cannot be sent to jail for a petty misdemeanor. Although not criminal offenses, some petty misdemeanors may still look bad on your record.

Misdemeanors are a crime and are punishable by up to 90 days in jail and a $1,000 fine.

Gross Misdemeanors are punishable by up to one year in jail and a $3,000 fine. These are serious crimes.

Felonies are the most serious offenses. They are punishable by a year to life in jail and heavy fines, depending on the crime.

The 'victim' wants the charges dropped. Will the case be dismissed?

No. Once police are involved they are gathering evidence and when a criminal case is in the county attorney or the prosecutor's hands they charge the crime acting for the state and the alleged "victim" is only witness testimony for the state as additional evidence. 

The victim cannot decide to drop the charges on their own. The state will continue to prosecute using the statements the victim already made to the police and may even impeach the victim if they were to testify differently on the stand. This type of issue is common in domestic assault situations when the police are called and the alleged victim does not want to pursue charges.

What are the possible outcomes of my case?

Each case depends on the facts and the law. When evaluating your case, we always look first for reasons the case might be dismissed. The witnesses or victim may be lying and evidence often can be suppressed. There may be contradicting evidence to show the state's evidence is unreliable. The case can be dismissed if a defendant qualifies for a diversion program and will remain law abiding in a plea agreement. Other times, the court might give a sentence but will not impose it. Sometimes you must go to a jury trial to prove your innocence. Whether these options will be available in your case depends on a number of factors. Call the Rolloff Law Office to get a better idea of possible outcomes you can expect in your case.

Should I talk to the police?

Always call an experienced Minnesota Criminal Defense Attorney before you speak to the police. The police are trying to find any evidence that may convict you and anything you say can and WILL be used against you. An attorney can protect your rights before you confess to something, or say something that you didn't mean to say.

Call The Rolloff Law Office

Start your search for real help by getting a FREE CONSULTATION today.  You can reach a helpful and experienced Minnesota Criminal Defense Attorney today at (612) 234-1165.

Just Because You Were Arrested Does Not Mean That You're Guilty

If I take another call this week from someone who tells me they were arrested for Drunk Driving, they think they need a lawyer - but they maybe they should "just plead guilty and get it over with" - I think I am going to lose it.

Don't get me wrong, the choice to roll over or "to fight" is all in the hands of the accused. But, to do so without fully exploring your options is just insane.  Now that doesn't mean you need to throw good money after a bad result, but you should seriously consider sitting down with an experienced Minnesota DWI Attorney and learning your options - the good, the bad and the ugly.  Just because you've been arrested does not mean that you will always be found guilty.  Know your rights before you give up the fight.

One thing too many people assume is that if you "fight" it is only going to get worse.  Well, in my experience that is just not true.  Rarely does any case get work because someone maintains his or her innocence.  Rather, things all to often either stay the same - or (believe it or not) actually get better.

What Should You Do?

Pleas and plea negotiations are a big part of my practice.  But, like with anything - there is a time and a place for those things and going into a case expecting to immediately plead to the first available offer is the number one way to end up being punished far more harshly than the law typically allows.

Some of these calls are a direct result of the government's lawyers gone wild.  As a former prosecutor, I should know.  All to often, a prosecutor is more than willing at the onset to push every case as far as he can, without regard to any individual's circumstances or any facts that could lead to a reduced charge or sentence.  It's only as your case gets little more ripe - as it ages - that those things that only looked like minor flaws at the onset become major gaps as your trial approaches.

My clients are continually surprised at the number of good defenses that can be raised to take on a poor charge - be it for Drunk Driving, Assault, Theft - you name it.  Therefore, before you give in and plead to a charge, it is always a good idea to talk to an experienced Minnesota Criminal Defense Attorney. In most cases, the only way to take on an our of control prosecutor is to have an aggressive defense attorney on your side - on who has the inside scoop on the government's motivations and schemes.

If you want to talk to a former prosecutor, for free, about your case --- call the Rolloff Law Office today.