How to Pass Field Sobriety Tests?

As an experienced Minnesota Criminal Defense Attorney, I am frequently asked questions about Drunk Driving.  A lot of people want to know:

How to pass the field sobriety tests that the officer gives - to determine if you are intoxicated.   Sadly --- here’s the secret: literally nobody who takes field sobriety tests ever passes.

Why?


Here's the reality of this situation: The officer administering the tests makes marks on a score sheet every time he observes something the officer wants to note. Each mark is more proof to support probable cause. No particular number of marks indicates a fail. Instead, each and every mark indicates one (or one more) indication of impairment. Then those marks, whether one or twenty, are included among other factors in a “totality of the circumstances” assessment of whether the officer had probable cause to arrest you.

Minnesota courts have held that even one of many ephemeral and subjective “clues” is enough to arrest, including “bloodshot, watery eyes,” “the odor of consumed alcoholic beverages,” or “an uncooperative attitude.” The rest is just more “evidence” to make the determination of probable cause stand up in court. Once you agree to step out of the car, the officer will note that you used the door or door frame to steady yourself (because nobody plants their feet and stands up without grabbing something). Anything you do from that point on, a walk-and-turn test, an eye test (Horizontal Gaze Nystagmus), or a one-leg stand, will simply add marks to support the probable cause finding.

Here’s the Secret

Don’t take them. You don’t have to stand on one leg, follow a pen-light with your eyes, or walk an imaginary line. You don’t have to blow in the PBT, the roadside breath test, although it is a crime, usually, to refuse the breath test at the police station. And you are not going to perform your way out of an arrest.

Feel free to call and set up a No-Cost Consultation - NOW - if you have questions for The Rolloff Law Office: (612) 234-1165

Hiring a Minnesota Criminal Defense Attorney - Part II (Explained)

If you believe you need an experienced Minnesota Criminal Defense Attorney to help you or your loved one, be smart about your decision. After reading this ... you may also want to consider the following:

Trust Your Gut

If you aren't comfortable with the Minnesota Criminal Defense Lawyer that you've consulted with try a different office. Believe it or not: you do not have any obligation to hire a lawyer merely because you met with him or her. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of the situation or the complexity of a case ... in order to entice someone into paying a huge fee, and then blame the judge or prosecutor when the promises they made don't come true.

Pay Lawyer or Public Defender?

People who are charged with serious, felony offenses, and many individuals who are charged with certain misdemeanors, may be eligible for a free lawyer - ie.,, the public defender.  This is based on an assessment of the defendant's resources to determine if the he/she will qualify for an appointment of a free lawyer. 

Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer --- this isn't always true.  Sure, some public defenders will prove to be insufficiently skilled or dedicated to their work to provide an effective defense --- but, you could find some private attorneys who are equally flawed.

One main difference ... "customer-service."  A private attorney is likely to have more time to involve themselves in your case --- able to answer your questions at any time/anywhere.

If you can hire an effective Minnesota Criminal Defense Lawyer you should not hesitate to do so. Not all lawyers are the same ... and prices vary widely.  Call the Rolloff Law Office to see if we might be able to help you: (612) 234-1165. 

MN Defense Attorney - FREE ADVICE

As a Minnesota Criminal Defense Attorney I get a lot of questions ... here are some of them and some answers you might want to consider.

Do I really need an attorney?

In most cases the answer is “yes”.  A Minnesota Criminal Defense Attorney can assist in gathering all the relevant information and witnesses, analyze the police reports for constitutional violations, and help you navigate through the procedures for hearings and a trial.

Should I give a statement to the police?

Everyone wants to be able to tell their side of the story... however, there is a time and a place for that (all too often) - at a trial.  Although the police may act sympathetic, they are not on your side and any statement you give can be used against you later.  Until that point, only tell your side of the story to your attorney.

What is the difference between petty misdemeanors, misdemeanors, gross misdemeanors, and felonies?

A Petty Misdemeanor is generally a traffic offense such as speeding and carries a maximum fine of $300 with no possibility of jail.

A Misdemeanor carries a maximum possible sentence of 90 days in jail, $1000 fine, or both.  Charges such as theft, Disorderly Conduct, and first-time DWI offenses are misdemeanors.  Jail time is rarely imposed for misdemeanor offenses, but it depends on the facts of the case and the criminal history of the defendant.

A Gross Misdemeanor carries a maximum possible sentence of 1 year in jail, $3000 fine, or both.  Charges such as Driving After Cancellation, theft of over $500, and second or third-time DWI offenses are gross misdemeanors.  Jail time is commonly imposed for gross misdemeanors and is required by statute in the case of DWI gross misdemeanors.

Felony sentences are prescribed by statute but carry at least 1 year and 1 day of prison time.  Charges such as controlled substance crimes, burglary, and fourth-time DWI offenses are felonies.  Some amount of jail time is almost always imposed for felonies. 

What if I am charged with a felony?

Felony charges are the most serious crimes in Minnesota and carry the largest penalties including a potential prison sentence.  These cases are rarely as simple as they may look and an attorney’s assistance is crucial. A felony sentence will also generally carry with it years of probation, intensive supervision requirements as part of that probation, and a requirement that you provide a DNA sample to the State. 

The officer never read me my Miranda Rights, am I off the hook?

Probably not, despite the widespread use of the Miranda warnings in pop culture, it is only required in a narrow set of circumstances.  If the police want to interrogate you while you are in custody, they must read you the Miranda warnings.  That statement is far more legally complicated than it looks – get an attorney to advise you whether a Miranda violation has occurred.

Do to the all too high costs of hiring a lawyer ... a lot of people will ask me --- Shouldn't I just try to handle this case myself?

Probably not --- and I am not saying this because I am a lawyer   Consider that, in the courtroom the judge is not on your side and cannot advise you how to proceed with your case.  The prosecutor is not on your side, in fact, he or she gets paid to convict you.  Therefore, you need someone on your side who can offer informed advice about how to proceed in your case.  Surely you would seek the expert help of a doctor when you are sick.  A criminal charge is no different – get an expert on your side.

Need more answers - call The Rolloff Law Office: (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 Juvenile Defense Lawyer

I'm sure that almost ANY parent would agree that --- you want to do what is best for your kids. You want to protect them, believe the best of them, and hope to ensure a future for them that is better than your own - right?  Well, if your son or daughter is caught up in a mess with the courts the thing you can do is to turn the case over to a legal professional.

Seriously, seeking to handle a juvenile arrest without the advice of an experienced Minnesota Criminal Defense Attorney can often do more harm than good. 

For example, if your child was present (but not directly involved) while a criminal act was being committed, did you know that he or she can potentially be charged with a crime?  Yep --- aiding and abetting.. and he/she can potentially face serious and lasting criminal penalties - just like the major players in the offense.  So, if your child admits to being present for the crime, even while trying to point out that he or she didn't take part, they may actually be confessing to aiding and abetting. Similarly, any information that you give the police about your child can be used to build a case against your child, even if your intent was to defend him or her.

Be Careful

Law enforcement knows how to interrogate adult offender --- just imagine what they do with children.  Trust me - the right questions can compel even an innocent person to make an incriminating statement. This is why it is so important to work with a juvenile defense attorney as quickly as possible, and to make sure that a professional is present during any questioning. A polite but strong statement that you and your child have nothing to say until a lawyer is present can make all the difference in your child's case.

At the Rolloff Law Office, I provide honest answers and straight talk.  Let me put my experience as a former prosecutor to work for you - the well-intentioned parent who (and I've seen it time and time again) could accidently make a bad situation worse by trying to fix things on their own. Whether you believe your son or daughter has done something wrong or not, the first thing you should do when your child is arrested is talk to a lawyer - before telling your child to talk to the police. Because, a juvenile criminal conviction can have permanent consequences.

For more information contact my office, today, at (612) 234-1165 to schedule a free initial consultation and case review to discuss your child's specific situation.

Avoid a Minnesota DWI (After You've Been Pulled Over)

I don't think that anyone ever plans one being pulled over by the police for a DWI but if you are one of those types who likes to be prepare for every eventuallity, then here are some helpful tips.

Propbably more than any other criminal offense, law enforcement is often hard at work arresting people for Drunk Driving.  Believe you me, the cops are looking to make arrests and in the process often arrest perfectly innocent people or shortcuting  investigation to make their stats.

So what should you do to make sure you are not falsely convicted of a Minnesota DWI? 
Here are five practical tips you can follow to protect yourself and your rights:

1. Shut up!

The consitution affords you the right to remain silent; so use it.  It’s amazing how many people try to reason with the officer and end up talking their way into trouble instead of out of it.  Don’t tell them where you are coming from; don’t tell them where you are going.  Just give them the requested documents and identification information and stay quiet.

Sure, the police will try to pressure you to talk.  They may lie and say things like “Looks like you’ve got something to hide” or “By not cooperating you’re only making things worse for yourself.” Don’t fall for these lies and pressure tactics.  Politely answer: “Officer, I choose to use my right to remain silent”.
Remember, “ANYTHING you say, can and will be used against you in a court of law.” But, your silence can never be used in that manner.

2. Don’t Blow

The portable breath testing (PBT) machines that the police use in the field are very inaccurate. Even if you have had nothing to drink, the faulty technology in these machine can still produce an erroneous result.  The good news is blowing into them is 100% optional. So, refuse it.

Your refusal to blow into these devices cannot be used against you in the State of Minnesota  Granted, failure to do as much might lead to your arrest - but if the officer intended on arresting you --- then this test was going to be your saving grace anyway.  (Note: You you do have to submit to the request for a blood, breath or urine sample asked of you back at the cop shop.  If you do not, you maybe charged with a DWI Refusal.

3. Don’t Do the Field Sobriety Tests

Sometimes police officers will ask you to step out of the vehicle to perform some physical tests like the Walk and Turn, a one-leg stand and/or follow-my-finger-with-your-eyes test.  Like the PBT, these are also completely voluntary and can only cause you trouble.  Many sober people have physical conditions that may cause them to fail or they might be clumsy or nervous.   This is why you are better off staying put and refusing.

4. As Soon as Possible: Write Things Down

Make sure to take notes so you don’t lose track of important facts. Don’t give it to anyone.  Make sure to note the time of stop, where it was made, weather conditions, the name of the officer, names of witnesses and any other possible details.  Details win cases and the more you have the stronger your case can be.  (Believe it or not - law enforcement can be sloppy.  If they fail to dot their I's or cross their T's --- that could be your saving grace.)

5. Get a Lawyer. Fast.At the first opportunity possible call an experienced Minnesota Criminal Defense Attorney and get some answers.  Many matters in a DWI case are time sensitive and contacting a lawyer early on can greatly increase your chances of a successful defense.

DWI defense is one of the cornerstones of my practice. Please do not confused what I have offered here as a "get out of jail free" card.  Rather, I'm relating to you some of my knowledge from having had not only defended many DWI cases - but also the hundreds that I prosecuted.  I take Drunk Driving very seriously and encourage everyone to make responsible decisions.  I'm not encouraging people to drive while intoxicated. In fact, what I'm trying to do here is encourage innocent people to be aware of their rights and use them to protect themselves against false conviction.

If You need help call the Rolloff Law Office today - (612) 234-1165.  Take the next right step.

Why Should You Fight Your DWI Arrest?

If my experience as a prosecutor and as a Minnesota DWI Attorney has taught me anything it's that well-meaning individuals fail to fully appreciate the nature and consequences of becoming entangled in the criminal justice system. Nowhere is this more evident than with those charged with a (first) DWI.

For whatever reason, too many people will either try to represent themselves and/or hire a general practitioner-type attroney.  IMHO, neither have the knowledge or experience to provide their clients with the advice that they'll need to best serve their interests - in the short and long term. 

Believe me, and I've seen it often enough to know, a Drunk Driving conviction can change somone's whole life - not only in due to the penalties imposed by the judge like large fines, community service obligations and possible jail time - but also because of the long-term collateral consequences that can have a lasting and signifigant impact on one's future.

What Sort of Long Term Impacts?

One example of the severity of Minnesota's DWI penalties, can be illustrated by a gentleman I'll call Paul - a successful salesman.

In the fall of 2007, Paul was cited for Drunk Driving. Not believeing that anything could really be done about his arrest (because he'd been drinking before he drove,) he walked into court without an attorney and "fell on his sword" - pleading guilty without first fully assessing the true nature and consequences of his actions.

To say that he came to regret this decision would be an understatement.  See, due to the nature of Paul's work - having a valid driver's license was a necessary prerequisite.

Paul's loss of his driver's license effected his ability to meet clients. As such, he had to either beg, cajole or hire other people to drive him to client meeting or risk being caught driving on a suspended license. 

Then there was the stigma of his arrest and conviction.  Once word got around about that, some of his clients became reluctant to deal with him and his sales numbers suffered.  Then, when the recession hit Paul was laid off - owning in no small part to his declining sales numbers and performance.

As anyone who has been out of work can appreciate, it’s tough out there - to find that next job or even get that first interview.  What Paul learned sas that these difficulties were made worse by his dependence on others to give him rides to interviews. (This continued even after Paul had his driving privledges re-instated because he could not afford the expensive insurance premiums he was now being asked to pay.)

If Paul was lucky enough to gain an interview - where he could demonstrate his skills and past successes - he often left those meetings feeling as though he would be offered the job.  However, that wasn't the case. After a while, Paul came to conclude that maybe his DWI arrest was the deciding factor - after he came to learn that anyone (including a potential employer) could easily access Minnesota criminal records online.

Of course, without a job Paul was unable to keep up with his bills - first being forced to sell his vehicle and soon thereafter his townhouse.  As the recession continued, he ran up of credit cards, and due to his mounting debt he was forced to sell anything of value

The vicious cycle continued until he was forced to declare bankruptcy in late 2009 and later eventually divorce in 2010.  He fell in to depression and substance abuse. 

Once a symbol of the American Dream, Paul is now a casualty of the war on Drunk Drivers.

What Can 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 the Rolloff Law Office today to schedule a free, no-obligation consultation, today.

What Does a Minnesota DWI Lawyer Do? (Video Evidence)

The criminal justice system is not a machine that works with the precision of a Swiss watch.  Rather, it is populated with human beings - and as such mistakes and errors in judgment abound. Not only is this true of judges and prosecutors, but where this really should matter to someone charged with a crime is when it comes to members of law enforcement.

Given the nature of a police officer's job - coupled with the power and the authority their afforded - it goes without saying that a Minnesota Criminal Defense Attorney's most important job is to ensure that any shortcomings in a cop's performance of his job does not result in the unfair prosecution of his client.

Cops and Drunk Driving

During a DWI arrest, law enforcement is required to follow a long and comprehensive list of guidelines.  These start with the initial stop of your vehicle and continue through to what's done back at the stations - and beyond.  When it comes to defending an individual charged with Drunk Driving, I would argue that it is especially important - because unlike most offenses - this charge can be made simply on the opinion of the officer himself.

What Does That Mean To You

Probably the most important technological advance, in the defending of individuals charged with DWI, has been the use of squad cars equipped with cameras that capture the situation and (hopefully) prevent abuse.

Video and audio recordings provide a perfect check on the tool generally employed by officers in the past - their police reports.  Having both sets of evidence, an experienced Minnesota DWI Defense Attorney can better review the assertions made by officers and note their truthfulness.

It all to often happens that there are differences in the words and descriptions used by the cops when they write out their reports and the preliminary notes - and - the video and audio tapes later put into evidence. In my time as a prosecutor and Minnesota Criminal Defense Attorney, I've often noted exaggerations, contradictory statements, a "bending" of the truth and/or even outright lies.

In any case where these things exist, serious questions can be raised before a judge as to the fairness and validity of an arrest and/or the ultimate charges levied against an individual.

The Little Problems

More often than not - it is not the big things listed-above that stand out when I view the video tapes and/or listening to the audio recordings. Rather, where the fight is rally engaged is in pointing out the procedural lapses and errors in judgment that officers commit.  As an experienced Minnesota DWI Defense attorney, I've examined hundreds of these recordings and found numerous mistakes, including: a lack of probable cause to stopping the arestee's vehicle, a failure to follow proper procedure when asking a driver to carry out field sobriety tests, not providing the required warnings, advice or options related to any requests for tests to determine an individual's blood alcohol content, failing to read a suspect his Miranda rights and/or allowing the him to contact an attorney before requesting a test; and in one case endangering an individual's life by conducting an investigation under dangerous circumstances along a busy highway.

What Should You Do?

Know this, the visual and audio recordings that may win you a favorable result also capture your actions and reactions too. Therefore, this is why you should calmly and reasonably cooperate with law enforcement if you are pulled over and questioned. 

If you or someone you love has been charged with a DWI, do no hesitate to contact the Rolloff Law Office as the soonest possible time. The sooner that I can get hmy hands on the video recordings of your arrest, the better your chances in determining if your rights have been respected throughout the process.

The True Cost of a Minnesota DWI

If you've been arrested for DWI - chances are criminal charges are probably not far behind. But, believe me the "cost" of those charges is going to be more than just the fine or the jail time you could receive if you plead and/or are found to be guilty of that offense. This is why, when you approach the question of whether you should hire an experienced Minnesota Criminal Defense Attorney , you should look at it as an investment in your future - to preserve not only your rights... but also your pocketbook.

What You Could Be Facing

For someone convicted of Drunk Driving, the possible penalties you could face include: revocation of your driver's license, fines, and in some cases - jail time. However, in addition to the penalty a judge could impose, you could also be facing a number of hidden penalties.  One of these is the threat of an increase to your car insurance.  A conviction for Drunk Driving can double or even triple your rates in the short term.  One company, Progressive, asserts that they'll seek to charge you approximately double what you were previously paying if you are convicted of a DWI and that you should expect to pay that rate for it for at least a few years.
 
Another great article (link here) making almost the same point - suggests that unless your cab fare would be in excess of $10,000 - you may want to strongly consider paying pay for that taxi. 
 
Do the math, and after you add up the fines and the fees - as well as the increased insurance premiums - the final total will likely run into the thousands of dollars. Add to that the prospect of a criminal record that will follow you wherever you go - and I would hope that you see just how seriously you need to take these matters. 

Remember, you really only get one chance at these things; wouldn't you do whatever it took to protect yourself for the long term?

What Can You Do?
 
Understand this -  the money you spend today, could be the only insurance you have against the additional costs that you'll most assuredly have to pay in the future.  If you've been charged with a DWI you really need to consider the services of an experienced Minnesota Criminal Defense Attorney to represent you - if not for the here and now - then for the days and years to come. 

You Need a Lawyer - The Right Lawyer

After resolving the question of whether you actually need the services of an experienced Minnesota Criminal Defense Attorney - if you've been charged with a criminal infraction - your attention should then turn to: Who do you hire? 

First, know this - you will have almost no chance of getting the result you desire for your case if you choose the wrong attorney.

 
The sad truth is that, like with any profession, there are some good Minnesota Criminal Defense Attorneys and some ... not so good one.  This is especially true in the area of Minnesota DWI law. 

If you are facing Drunk Driving charges - of any nature - you must recognize that you're going to up against experienced prosecutors who come to court armed with professional, trained, government witnesses (cops) and a slew of "scientific” evidence - all purposed on convicting you. Therefore, it's important that you have someone on your side who can help mount a strong defense.  Someone who knows and understands the government's schemes, tactics and motivations - inside and out.

My experience as a former prosecutor affords me the sort of insider's perspective that has helped my clients win the results they desire.  

In the context of DWI cases, I'm sure we all know someone who has had an experience with an attorney who's only strategy was to quickly plead his client guilty - without conducting a proper investigation into the facts and/or challenging the government's evidence.

Why? 

In my opinion, it's because too many lawyers in this area do not have the knowledge and training required to properly go after the government's so-called "scientific" evidence - like the blood, breath and urine samples they often rely on to convict you.  As such, they give their clients bad advice - rather than admitting to their own shortcomings.

I often have to explain to clients that just because you've been charged with an offense - it does not mean that you will be found guilty of it. However, being innocent or wrongly accused often (unfairly) isn’t enough. Sometimes you need to have an experienced Minnesota Criminal Defense/DWI Attorney on your side to gather the resources necessary to aggressively defend you.

I take pride in the fact that I am not only prepared to take on representation of my clients - in the same manner and style I would for a family member or loved one - but also that I'm dedicated to winning my clients the right results by employing every tool that the law will allow. 

Dear Potential Client...

I've been doing this long enough to know that someone who has been charged with a DWI and/or Drunk Driving has A LOT of questions.  Although no two cases are the same, the concerns by those that I represent are often quite similar.  As such, I thought I would take some time to offer a few thoughts on the three most frequently asked questions and/or concerns.  Hopefully, you'll not only better be better able to know what you need when you're considering hiring a Minnesota DWI Attorney - if you choose to retain The Rolloff Law Office, you'll know upfront what you're getting and what your money is going toward.

#1.  If You're Only Thinking About Price - You're Not Thinking Right

Believe it or not, the most expensive attorneys are not always the best attorneys.  However, when you only think about price - and you're dead set on going with the least expensive option - you often end up getting just what you pay for.  Understanding that, what's an individual to do?  

As a former prosecutor, I saw that too many defendants were overcharged and underserved by their lawyers.  That is why, when I set up my office, I looked at those things that were essential to defending my clients and I set my fees with that in mind. I like to say, I put my money where my heart was.  As such, if you visit my office, you're not going to see fancy pictures on the walls or fountains in the lobby - that stuff doesn't protect you or your family or your future.

That being said, I'm certaninly not the most expensive Minnesota Criminal Defense Attorney out there - but I'm not the cheapest either. 

Here is something to consider - the legal services provided by an experienced Minnesota Criminal Defense Attorney are not a commodity.  What one attorney does is unique to him or her - no two lawyers are the same.  Some are better than others, some actually answer the phone when you call and some actually take the time to explain what's going on with your case - and how that effects you.

Because we're not all the same - we all don't charge the same price. Like with professional atheletes, if you want a "Joe Mauer" you have to pay for that premium talent. But, that's not to say, you can't find a hardworking up and commer at a steal, who'll put his heart and soul into your case - and you'll know that your money was well spent. 

If you or someone you love has been charged with a Minnesota DWI and you're only considering the cheapest attorneys out there to help you - then you might not want to call me. But, that being said, if you want your hard earned money going entirely toward defending your future and your rights - with someone one who puts your questions, and your concerns 1st - then maybe we should talk.

Remember, a Drunk Driving conviction will be with you for a long time. In addition to the penealty imposed by the court, your driving privileges, employment opportunities, and ability to travel internatinally may also be impacted. In addition, there could be immigration and addional financial consequences to consider.  Therefore, when choosing an attorney to help you - focusing on the short term (ie., price) should not be your only consideration; you also need to consider the long term ramifications and how an attorney will assit you down the road.

#2 - I Can't Guarnetee That You'll Beat Your DWI Charge

Don't get me wrong, I believe that every DWI case can be won. But, because the government essentially holds all of the cards, and in their minds an arrest all but equals a conviction, victories don't come easy. What this often means is that, if you want to win your case - if you want to beat your DWI outright - you're probably going to have to dig in for the long hall and push the matter to trial (and even then, nothing is a given.)

I understand that time are tough, financially and otherwise.  The same goes for us Minnesota Criminal Defense Attorneys. For some, tough times, often call for desperate measures. 

Oh, the things I've heard about how other attorneys often try to get business - offering up any and everything to get a fee - by all but insuring that they will get their clients a NOT GULTY result.  Maybe they can back that up, but because my experience is that nothing in the law is certain, to me - it smacks of desperation.  And, the last thing someone facing all of the turmoil that often accompanys a DWI arrest needs is a representative who is desperate - who is only looking out for that next fee and who after getting their client's money does little in the way to have actually earned it.  Often, fee generation, and not what's best for their client is the number one motivator. This does not help you.

The reality of Drunk Driving defense work is that there is no such thing as a guarentee. Often the final result will depend on factors outside the control of even the best attorneys. Therefore, to get good results, you need a lawyer who will be willing to put in the time and effort to root out the weaknesses in your case - someone who'll put in the time and effort to get ytou the results you desire. 

It might sound corny, but I treat my clients like family - and like you, I'd do anything for my family.  But there are also those times, you need to "cut to the quick" and talk straight.  If you want someone by your side - figthing to get you the best possible result under the circumstance, and who'll tell you the truth no matter what - then maybe we should talk.  

3. Choose the Minnesota DWI Attorney Who Sent You that Mailer at Your Peril. 

There's a plan that Minnesota DWI Lawyers can buy into that daily checks out a county's arrest records and then sends out a letter to anyone who has been arrested for Drunk Driving.  These mailings usually try to scare the crap out of you - screaming that because of your arrest your life is ruined, telling you that you must act immediately to get help and asserting that (although they know nothing about the facts of your case) they can take care of evey aspect of your case and an unbelieveably low price.  

The lawyers that use this type of service arent bad guys, but I do question their tactics.  Fear, although a strong motivator, is not the best way to demonstrate the sort of care and compassion you need when facing this sort of dillema.  Also, I have an issue with the "low prices" often cited in these mailers. How can someone quote you a price without knowing a little something about your case, about your questions and about your concerns?  No two DWI cases are alike, therefore, how can someone - based on your arrest alone - know the things that are necessary to you and your case?  Somone who quotes you a price, without knowing anything about you and your case - in my humble opinion - is someone you should look out for - because odds are - they're not to keen about looking out for you.

Sure, lawyers need to advertise their services to be seen - to let people know what it is that they do. But if they are already playing to the lowest common denominators - before you even talk to them (price, fear, connections,) in my opinion, that's not a good sign.

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney and DWI Lawyer, to set up a free – no obligation - consultation.  Feel free to reach me in confidence at 612.234.1165 or jay@rollofflaw.com