Minnesota's Marijuana Laws (Explained)

The laws surrounding Marijuana in the State of Minnesota are constantly influx.  While Marijuana has not been decriminalized in Minnesota --- the courts are open to favorable results if you and your Minnesota Criminal Defense Lawyer are properly prepared for court.  

Minnesota's Pot Laws

The following are the charges levied against subjects found with marijuana on their person in the State of Minnesota:

a. Possession of 42.5 grams or less: This is a Petty Misdemeanor that comes with a maximum $300 fine and possible enrollment in a drug education course.

b. Possession of marijuana above 42.5 grams up to 10 kilograms: This is charged as a Felony and comes with a fine of up to $5,000 and no more than five years in jail.

 
Being charged with a crime in Minnesota can be scary, even if it's a Misdemeanor for possession of marijuana. An experienced Marijuana Lawyer will be able to explain the situation, your rights and how you can go about getting the charges reduced or dropped.  Call the Rolloff Law Office to see up a FREE CONSULTATION today: (612) 234-1165

Why You Should Seek a Minnesota Expungment

A run-in with the law can have a huge negative impact on your life. Most people think that all of the consequences that they will face are tied to whether or not you are convicted, but unfortunately this is not the case.  Granted,  you won’t be going to prison or paying off ridiculous fines if you beat your charges, but that doesn’t mean that everything just returns to normal. This is why you should speak with an experienced Minnesota Criminal Defense Lawyer - about sealing your record.

Why Should You Do This?

All it takes to acquire a criminal record is for you to be arrested – you don’t even need to be formally charged and/or convicted.  Don’t think that’s a big deal?  Think again.  It’s no secret that “criminals” are looked down upon in our country, but the issues that individuals face with a criminal record go far beyond someone giving you dirty looks.  

Ways a Criminal Record Makes Your Life Harder

1. Hurts Your Ability to Get a Job: Most employers perform background checks while reviewing applications. Applicants with a criminal history are the first to be tossed in the garbage. An Expungement erases the record of your criminal past so that employers can’t see it, making it more likely that you will get to the interview process. The same goes for volunteer positions.

2. Housing/Renting an Apartment: After time in prison, all you may want is to start a new life in a new location… but a felony record can prevent you from doing so. Housing applications often ask about your criminal record, and may deny you if you have one.

3. Restoration of Firearm Rights: Felons lose the right to bear arms after a conviction. While some felonies restrict offenders from restoring the right to own a gun under any circumstances, these crimes are usually crimes of violence and are a special exception to general rules. In most cases, a sealed or expunged record restores the offender’s ability to purchase, own, or lawfully use a firearm.

Felony records are public knowledge. No matter what you are applying for, or why someone may be searching your name online, a criminal record hangs over your head. Wouldn’t it be easier to tell people about your criminal past when you are ready?

To learn more about an Expungement, whether or not you qualify, and what it takes to get your record sealed, contact the Rolloff Law Office.  We aggressively fight for our clients --- utilizing innovative tactics to get the most positive results for our clients . Call today: (612) 234-1165

Dakota County Shoplifting Lawyer

Shoplifting is often regarded --- by law enforcement and business --- as a petty crime few consequences.  Often ... it's viewed as something that teenagers do - and grow out of.  Generally, most people see this offense as something that can/should be able to be "fixed" by by returning the stolen merchandise to a store and apologizing or just paying for it ... and maybe being ordered, by the authorities, to pay a fine.  

As an experienced Minnesota Criminal Defense Attorney - and as a former prosecutor - I can (sadly and) confidently assert that this is often not the case.
  

Shoplifting is Bad (For You)

Under the laws of the State of Minnesota law, shoplifting is considered a Theft --- and this crime is treated seriously - by the government and the judge.  And, not only might someone face jail time ... the more serous impact is felt when they go looking for a job, housing and/or a loan from a bank and this indiscretion shows up on a back-ground check.  

Regardless of why you have been charged with shoplifting, conviction can result in numerous criminal penalties, along with the risk of being sued by the merchant in civil court. In addition to getting a lawyer - ASAP - it’s important to understand shoplifting laws and penalties.
 
Theft (Explained)

When most of us think about Shoplifting, I sure we conjur up ideas of someone leaving a store without paying for something. While that certainly counts ... there are a number of different actions that someone could potentially engage in that qualify as retail theft. These include:

• Taking store property without consent;
• Hiding store property without consent;
• Lying to obtain goods; and/or
• Switching price tags to pay less for a product.

Minnesota Shoplifting (Penalties)

Shoplifting charges typically depend on the value of the property taken.  Low value items - under $500, such as a pack of gum, costume jewelry, or a small electronic like a flash drive are generally considered misdemeanors --- where the maximum sentence can be a $1000 fine and 90 days in jail.   More valuable items --- could result in serious charges and penalties can follow. 

Here are a few of the potential penalties you may face:

• Values between $500 and $1,000: Up to $10,000 in fines and/or five years in prison;
• Value between $5,000 and $35,000: Up to $20,000 in fines and/or up to 10 years in prison; and
• Value over $35,000: Up to $100,000 in fines and/or up to 20 years in prison.

 

Fighting a Shoplifting Charge

A Shoplifting conviction can result in some long-term consequences, including a criminal record that will follow you for the rest of your life. Because of this, you might find it necessary to get answers from a lawyer.  The Rolloff Law Office has represented 100s of individuals who have made a small mistake like this --- to ensure that your rights are protected, it’s important to have a Minnesota Criminal Defense Lawyer --- with a successful track record --- looking out for your best interests. Contact the Rolloff Law Office - today - and set-up a FREE CONSULTATION: (612) 234-1165

Minnesota's Expungement Laws (Statutory Expungement)

This is probably a very obvious observation ... but, having a criminal record can severely limit anyone’s ability to get a job or housing or financial assistance. 

As luck would have it, there is a way to “erase” your criminal history. This is called “expunging” or “sealing” your criminal records. The easiest way is called a statutory expungement.  A statutory expungement seals your judicial (court) records and your executive (BCA, police, etc) records.

What Do You Need to do to Get an Expungement?

In order to qualify for a statutory expungement, one of three things must have happened. 

First, the most common is that the case was resolved in your favor. This means that your case ended with a dismissal by the prosecutor or court, a continuance for dismissal (or a continuance without plea), a diversion program, a not guilty verdict, or some similar resolution. In this situation, you are entitled to an expungement and there has to be a very, very good reason not to expunge your records.

Second, certain cases where a juvenile was prosecuted as an adult may qualify. 

Third, certain drug cases qualify when the case was resolved with a stay of adjudication pursuant to Minn. Stat. § 152.18, subdiv. 1. Unlike cases resolved in your favor, in these situations, you have to make some showing to the court that the benefit to you in sealing your records is equal to or greater than the disadvantages to the public and the agencies in sealing your records.

Now What?
 
To go about sealing your records under this statutory authority, it is wise to have an experienced Minnesota Criminal Defense Attorney assist you. Navigating the legal language and obligations can be difficult and overwhelming. 

You are required to submit an affidavit, a notice of motion and motion to seal, and a proposed order to seal. In addition, you have to serve every agency that will be affected by the expungement.

The, the hearing, which occurs at least 60 days after filing the documents, can be handled by your attorney. Your attorney will give you a waiver of appearance so you need not attend. At the hearing, the judge will review the reason for the expungement, determine if there have been any objections, and issue an order. 

Once the order is issued, there are sixty (60) more days for the agencies to appeal the order. After that, your records are completely sealed!

Want to start over?  Call The Rolloff Law Office today to set up an appointment for a FREE CONSULTATION to get and Expugement: (612) 234-1165

Hennepin County Expungement Attorney

When a someone has been convicted of a criminal offense attempts to  put their past behind him/her ... to move forward with their life ... often they are reminded of their poor decisions because of a criminal record. 

A past conviction could have the effect of harming one;s ability to secure employment or pursue educational opportunities. Some states, including Minnesota, allow some offenders to have their records expunged.  Do you want to put your past --- in the past --- then contact an experienced Minnesota Criminal Defense Attorney and see if you qualify for an expungement.


What's an Expungement?

Expungement is the process of going to court to ask a judge to seal a court record. When a record it sealed ... it cannot be made known to the public and it generally stays off of any background checks.  

What Kinds of Cases Can Be Expunged?


What Types of Cases that Could Be Expunged?

The laws in Minnesota changed at the beginning of 2015, allowing a judge to seal more criminal records and convictions. This law also allows the court to order other governmental agencies to seal their records. However, not all cases can be expunged.

According to Minnesota Statute 609A.02, a person could seek record expungement if:

• All pending actions or proceedings were resolved in favor of the petitioner;
• The petitioner has successfully completed the terms of a diversion program and has not been charged with a new crime for at least one year since completion of the diversion program;
• The petitioner was convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and has not been convicted of a new crime for at least two years;
• The petitioner was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime for at least four years; and/or
• The petitioner was convicted of or received a stayed sentence for a certain felony violation and has not been convicted of a new crime for at least five years

According to the new law, some of the felony violations could include a controlled substance in the fifth degree, sale of a simulated controlled substance, unlawful acts involving liquor, contempt, failure to appear in court and receiving stolen goods.

If a person has been charged with a certain controlled substance offense and the proceedings have been dismissed, he or she could petition to have all records relating to the arrest, indictment, trial and dismissal sealed.


Juvenile Records?

If a juvenile has been prosecuted as an adult in Minnesota, he or she could petition to have the criminal record sealed if he or she is finally discharged by the commissioner of corrections or if he or she has been placed on probation by the court and discharged from probation after completed the requirements.


Domestic Assault?

Under state law, a person charged with a domestic violence offense, such as felony assault by strangulation, would not be allowed to have the record sealed. Additionally, crimes that require registration also would not be able to be expunged. This includes murder, kidnapping and criminal sexual conduct, according to Minnesota Statute 243.166.

J.M. Rolloff is a skilled Hennepin County Expungement Attorney who can help you determine if your criminal record is eligible to be sealed. The process of sealing a criminal record can be complex and often quite lengthy. Having a former prosecutor who is experienced on both sides of the law can be beneficial to your expungement. Call The Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165

Wright County Expungement Attorney

Since Minnesota's Expungement law was changed - effective January 1, 2015, I have answered a lot of questions.  Here is one of the most common:

Do I Qualify for an Expungement (under the new law?)

Whether you qualify depends on your particular case.  As such, you should speak to an experienced Minnesota Criminal Defense Attorney.  

As you may be aware, the new law will allow you to seek expungement of both judicial branch and executive branch records ---  in the following case types:

Misdemeanors:

A conviction or stayed sentence for a petty misdemeanor or misdemeanor so long as you have not been convicted of a new crime for at least two years since discharge of the sentence for the crime.

Gross Misdemeanors
A conviction or stayed sentence for a gross misdemeanor --- so long as you have not been convicted of a new crime for at least four years since discharge of the sentence.

Felony

A conviction or stayed sentence for a felony listed in the new law, so long as you have not been convicted of a new crime for at least five years since discharge of the sentence for the crime.  Some of the felonies listed as eligible for expungement under the new law are:

• Certain felony theft offenses;
• Receiving stolen goods;
• Dishonored check over $500;
• Criminal damage to property;
• Financial transaction card fraud;
• Computer theft; and
• Certain forgery offenses.

 

Alas, under only certain of circumstances will the following offenses be allowed to be expunged within the above-described time limits:

• Domestic abuse or sexual assault;
• Violation of an order for protection;
• Violation of a harassment restraining order;
• Stalking; or
• Violation of a domestic abuse no contact order (“DANCO”) 

This is due in large part to the fact that prior convictrions can be used against you to enhance/increase future penalties --- would that you were to face similar charges in the future.  The same can be said for Driving Under the Influence offenses.  
 

Questons about an Expungement, please fee free to contact the Rolloff Law Office (612) 234-1165 to discuss petitioning the court to seal your records.

Minnesota Expungement Lawyer (Explained)

On May 14, 2014, Governor Dayton signed into law important changes to laws governing the sealing and/or expungement of criminal records in the State of Minnesota

Prior to the new law, in most cases, the Court was not allowed to expunge executive branch records. The new law fixes this problem and allows Courts to order executive branch agencies to seal their records.  Executive branch agencies include:

• The Bureau of Criminal Apprehension (“BCA”);
• The Minnesota Department of Human Services (“DHS”);
• The Minnesota Department of Health (“MDH”);
• Police departments;
• City and county attorneys’ offices;
• The Attorney General’s Office;
• The Board of Teaching; and
• County Sheriff’s offices.

Is this the chance you have been waiting for - to put you past in the past?  If so, contact an experienced Minnesota Criminal Defense Attorney to begin the process of expunging your record.  


The Benefits of an Expungement


The new law provides meaningful relief to individuals because the Court is able to seal both judicial and executive branch records.  This means individuals now have a chance to seal all records held by any agency. 

As some of you might already be well-aware --- employers and landlords frequently investigate an applicant’s criminal background as part of the hiring/leasing process.  And ... sadly ... individuals with criminal histories may be rejected from employment or housing because of the existence of these records, even if a charge was dismissed or the individual is rehabilitated.  

When a Court orders that criminal records are to be sealed/expunged, it means that all of the records are sealed from public access.  

If a Court Orders expungement of records held by the judicial branch, it means that the individual’s criminal record cannot be viewed or accessed through the state court website or at the Courthouse.  If a Court Orders expungement of records held by the executive branch, it means that the individual’s criminal record generally cannot be viewed or accessed at any of the above-listed agencies, so long as the expungement Order is directed to that particular agency.  

Gain this result and an individual with a criminal background will likely face fewer obstacles toobtaining employment and/or housing if both executive branch and judicial branch records are expunged.

Contact The Rolloff Law Office at (612) 234-1165 to discuss petitioning for the expungement/sealing of your court record.

Dakota County Expungments (Explained)

If the right requirements are met, there are some crimes that many crimes that can be expunged. Although the law changed in 2015, sealing your record isn't guaranteed.  In all reality, an individual must have a very good reason to have a charge/convictionexpunged, such as the negative impact the criminal record is having on that person’s life. For instance, an individual may have difficulty finding a job or finding a place to live.  If you need to know more, you should strongly consider consulting an experienced Minnesota Expungment Attorney. 

Crimes That Can Be Expunged

A judge uses the law (and their own discretion) when a person requests to have a conviction wiped off of their record so they can apply for a specific job or find a place to live.

Some of the crimes that can be expunged include:

• Assault
• Felony or misdemeanor theft
• Disorderly conduct
• Obstruction of justice

The expungement process is a complicated one and that’s why you need a Minneapolis Criminal Defense Attorney to help you. A lawyer knows how to navigate the process when all you want to do is move on with your life toward a better future.

Why Seek an Expungement?

The reason why you want to go for expungement is due to the impact a criminal record has on you - now and in the future.  Criminal records are maintained at the city, county, and state levels. They document the type of crime, when the crime occurred, details of the charges, the court where the case was heard, and sentencing detail. The records become public record, so employers, landlords, and anyone who needs to conduct a background check on you can access them.

When your Dakota County Criminal Defense Attorney is able to have your record expunged, it does not show up on these background checks. It is not completely erased in case it does need to be accessed by law enforcement, but there is no interference with you finding a good job, renting an apartment, or going to the school of your choice. The short-term and long-term advantages of expungement make undergoing the process worth it. Even the legal cost is minimal compared to the earnings you will receive by being able to work within a career that pays you what you are worth rather than working in one that pays you pennies because of a criminal record.
 

If you have been convicted of a crime and you know or believe that you qualify for expungement, The Rolloff Law Office can help you determine your eligibility and can help you meet that goal if you are. An expungement can help you start over and move on with your life toward a brighter future. To find out more about what can be done for you and what your rights and options are, call (612) 234-1165

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

Hennepin County Expungement Lawyer

After a conviction ... even a charge, a criminal record can continue to follow you for long after the case is resolved --- even if the charges against you were ultimately dismissed.  If your criminal or arrest record is holding you back, an experienced Minnesota Expungement Attorney may be able to help you put your past behind you. With an intimate understanding of the criminal process - earned by working as a prosecutor, the Rolloff Law Office has helped numerous clients clear their names through the expungement process. I can you evaluate your situation to see if can get your record sealed and I'll walk you through every step of the process.

When a Record May be Expunged

Expungement is not open to everyone --- as it is available in a limited number of circumstances. Records of arrest, indictment and trial for fourth- and fifth-degree controlled substance violations as well as other minor drug crimes may be expunged following a dismissal or discharge. A juvenile offender who was prosecuted as an adult may also petition for expungement following discharge and successful completion of probation. Lastly, records of arrest, indictment and trial may be expunged in any criminal case that resolved in favor of the defendant, including dismissals and acquittals.

How to Do This

If you want to expunge your criminal record, a Minneapolis Expungement Lawyer can help you file a properly formatted petition with the appropriate court. This petition must contain your identifying information, including all past addresses since the date of the alleged offense; the reason why you are seeking expungement; details regarding the offense or alleged offense you are seeking to have expunged; details of your current criminal history and a history of all prior expungement requests you have filed.

Expungement is not automatic and requires the petitioner to appear at a court hearing before a judge decides whether to grant the petition. Having an experienced expungement lawyer represent you can not only help ensure your petition is complete and accurate but can be especially helpful in effectively presenting your case to the judge at your expungement hearing.

The Rolloff Law Office helped clients across Minnesota erase blemishes from their recods --- such as theft, drug and assault offenses from their criminal records. Call today to set-up a FREE CONSULTATION --- (612) 234-1165.

Why Expunge Your Record

Clients frequently ask me about how they can clean up their criminal records. I have assisted clients in expunging their records with much success. The number one reason why clients want to seal/expunge their record is to upgrade their employment. Having a criminal record can make applying for a job difficult. In this competitive economy, perspective employers are performing background checks on applicants more than ever before. Some surveys indicate that more than 70% of employers are performing these background checks, which can cause someone to lose opportunities if they have accumulated a criminal record.  This is why you should talk to an experienced Minnesota Expungement Attorney.  

Expungement is the best way to clean up your record. Once a criminal record has been expunged, a person may become eligible for enhanced employment, student loans, housing assistance, and professional licenses. Cleaning up your record can also remove mention of arrests, dismissals, and other entries in the criminal history database. In short, you get a clean slate.

If you have a criminal record, and would like a clean slate, you should contact the Rolloff Law Office and get more information about when and how to get an Expungement.  Call (612) 234-1165

Minnesota Expungements - Explained

I probably don't need to say that --- having a criminal record can severely limit anyone’s ability to get a job or housing or (even) a loan from the bank.  Fortunately, there is a way to “erase” your criminal history. This is called “expunging” or “sealing” your criminal records. The easiest way to earn this relief is called a statutory expungement. This seals your judicial (court) records and your executive (BCA, police, etc) records.  If you have questions, you should contact a Minnesota Criminal Defense Attorney.  

It's Easy!

In order to qualify for a statutory expungement, one of three things must have happened. The most common is that the case was resolved in your favor. This means that your case ended with a dismissal by the prosecutor or court, a continuance for dismissal (or a continuance without plea), a diversion program, a not guilty verdict, or some similar resolution. In this situation, you are entitled to an expungement and there has to be a very, very good reason not to expunge your records.

Second, certain cases where a juvenile was prosecuted as an adult may qualify. And third, certain drug cases qualify when the case was resolved with a stay of adjudication pursuant to Minn. Stat. § 152.18, subdiv. 1. Unlike cases resolved in your favor, in these situations, you have to make some showing to the court that the benefit to you in sealing your records is equal to or greater than the disadvantages to the public and the agencies in sealing your records.

To go about sealing your records under this statutory authority, it is wise to have a Minnesota Criminal Defense Attorney assist you. Navigating the legal terminology can be difficult and overwhelming. You must submit an affidavit, a notice of motion and motion to seal, and a proposed order to seal. In addition, you have to serve every agency that will be affected by the expungement.

The hearing, which occurs at least 60 days after filing the documents, can be handled by your attorney. Your attorney will give you a waiver of appearance so you need not attend. At the hearing, the judge will review the reason for the expungement, determine if there have been any objections, and issue an order. Once the order is issued, there are 60 more days for the agencies to appeal the order. After that, your records are completely sealed!  

If you want more information about sealing your record, call the Rolloff Law Office today: (612) 234-1165.

Minnesota Stay of Adjudication (Explained)

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

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

What is a Stay of Adjudication?

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

How it Works

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

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

Minnesota DWIs – Not Just Another Traffic Ticket

Almost every other week you hear stories on the news about celebrities being pulled over for DWI. Their mug shot will be shown, viewers will get a laugh over it and then it seems to be over. You don’t hear anything about it again; but the fact is that this is no laughing matter and it should be taken seriously.  This is why you should consider speaking to a Minnesota Criminal Defense Attorney about your case.

DWI is a Criminal Offense

Many people are under the impression that if you are arrested for Drunk Driving, you are only held until you sober up and then it is over -- WRONG.  This offense is not the same as a speeding violation or even a reckless driving charge. This sort of charge will require you to  face a criminal court judge.

If you are pulled over while intoxicated, the police officer will normally ask you if you have been drinking. It is best for you not to answer and instead invoke your right to remain silent. If they ask you to take a field sobriety test, you have the right to refuse. In fact, these tests are not considered reliable since sober people can fail while people who are intoxicated can pass.

If the police officer believes there is probable cause to arrest you for driving while intoxicated, he will then arrest you. Once at the police station, he will likely either have you submit to a blood or breathalyzer test. It is important that you not give a statement until you have a lawyer present. This is a right that you have and you should not allow an officer to pressure you otherwise.

Often times, depending on the jurisdiction, you will be released from jail pending arraignment after fully sobering up which typically takes a several hours depending on how much alcohol you consumed. However, sometimes, and especially if you are being charged with anything else in addition to driving while impaired, you may remain in custody until your arraignment. Usually an arraignment takes place the day after your arrest but if you are arrested on a Friday or Saturday, you may have to spend the weekend behind bars.

If you are released after sobering up, then you will most likely be notified of your arraignment at a later date. This will give you time to contact an attorney to represent you against these charges.

What is At Risk?

Depending on the circumstances surrounding your arrest and the charges against you, there are a few possible punishments that you can face:

• Jail time
• Fines or other fees
• Penalties
• Suspension/revocation of license
• Community service
• Rehabilitative treatment
• Probation

For each Minnesota DWI offense, the repercussions become more stringent. In addition, if you caused a car accident while drunk driving and someone is injured as a result, you may even face more severe charges.

You Need Representation

Defending yourself on a DWI charge can be tricky – especially if it isn’t your first offense or if you have multiple charges against you. For any criminal charge, you would turn to an attorney to represent you and this charge is no different. Look for a Minnesota DWI Attorney who has experience defending people in your situation. At the Rolloff Law Office, I represent individuals charged with DWI --- I can advise you on the right steps to take.  Call to day to set up a free consultation: (612) 234-165

Free Answers to Your Legal Questions

As an experienced Minnesota Criminal Defense Attorney I get a lot of questions --- a lot.  Here are some answers to the most common.

Q: What is the difference between misdemeanor, gross misdemeanor & a felony?

A: There are four levels of criminal charges in Minnesota. The lowest level is a petty misdemeanor such as a basic traffic offense. The next is a misdemeanor. This carries a maximum sentence of a $1000 fine and/or 90 days in jail. Next is a gross misdemeanor which is a more serious crime that carries a maximum $3000 fine and/or one year in jail. The highest level is a felony. Each specific felony-level criminal act carries a punishment severity as specified by statute for each specific offense.

Q: I’m charged with a crime. Do I need a lawyer?

A: You are always better off seeking professional assistance if you are accused of a crime. An experienced lawyer understands the intricacies of how the system works and can help you avoid the pitfalls that exist in every criminal prosecution. Keep in mind that not all lawyers are well suited to handle criminal matters.

If you find yourself charged with a crime, you should contact The Rolloff Law Office. immediately for a free consultation. I help you assess your case and determine what defenses you have in your case. The difference between me and the other guys is that, because I once was a prosecutor, I know this stuff from all sides --- and I understand that a criminal charge can affect many areas of a person’s life.

Q: What can a lawyer do for me?

A: An experienced lawyer can guide you through the criminal justice system and obtain more favorable results for your case. First, I will work to get your case dismissed. If that option is unavailable, I will work on building a defense that forces the prosecutor to compromise. No matter the outcome, I can help lessen the stress of facing a criminal charge and bring about a resolution that you will feel good about.

Q: Will I have to pay bail if I’m charged with a crime?

A: Depending on what type of charges you are facing, you might have to bail before you can be released from jail. If you are charged with a gross misdemeanor or felony, the Court must set reasonable bail or conditions of release. If you or someone you know is charged with a crime, you should contact The Rolloff Law Office regarding your bail situation. I can help get bail set, argue for reduced bail, explore alternative conditional release options or arrange for a bonding agent to help get you released.

Q: Should I just enter a plea on a 1st time DWI since everyone gets the same deal anyway?

A: No! The decision to settle is always yours but simply entering a guilty plea means you will not have the opportunity to investigate your case. Most of the time the prosecutor only knows a little bit about your case based on what the arresting officer puts in the police report. A lawyer will help you tell your side of the case. At a minimum, a lawyer will help you structure your settlement in a way that considers your point of view.

Q: What happens to my record if I get convicted of a crime?

A: A criminal conviction will become part of your record once you enter a guilty plea or you are found guilty of a crime by a court or jury. In a DWI prosecution, the State will use any prior DWI or DWI-related driver’s license revocation during the preceding 10 years as grounds to charge you with a higher degree of DWI. Also, different sentencing provisions can impact how a conviction will affect your record. You should contact The Rolloff Law Office to discuss your case before entering a plea to any charges.

The Rolloff Law Office --- FREE CONSULTATIONS.  Call today: (612) 234-1165

Minnesota Legal Questions - Answered 4 FREE!

As a former prosecutor - and as an experienced Minnesota Criminal Defense Attorney - I get lots and lots of questions.  I have no problem answering them - for FREE.  If you or someone you love has been caught up in a legal mess --- Call me today to set up a FREE CONSULTATION.  Before we get started - understanding that every case is different - feel free to look here for some general information.

Here are some of the most common questions I get:

The officer never read me my Miranda rights, what are they? 
Many people have learned that they have the right to remain silent and right to Lawyers by watching television and the movies. Yes, it is true, we do have these rights. However, these rights only attach when we are arrested or placed in custody and given the chance to incriminate ourselves. Strangely enough, a blood, breath, or urine test is not considered self-incrimination. That is why people do not have the right to a Minnesota Criminal Defense Lawyer before a State test is given. A routine traffic stop does not rise to the level of custody such that people must be told of their rights. However, if the police officer leads you to believe that the detention is going to be more than a brief encounter, Miranda warnings and your right to have a lawyer present before and during any aditional questioning may be required.

Do I have to let the police search me? 
NO!  The Police may only search a person, place, or thing if they have probable cause  (defined as enough evidence to convince a reasonable person that criminal activity is or has ocurred)  to believe that something illegal exists. However, there are numerous exceptions to this rule. For instance, a police officer can search you and anything within your grasp once you are lawfully arrested. An officer may frisk a person to see if they have weapons on them. An officer may search anything if he sees something in plain view and he has a legal right to be there. An officer may search a car if he smells burnt marijuana. THE EXCEPTIONS ARE GREATER THAN THE RULE. Initially, we had many rights to be secure from illegal searches. However, through the years, courts and whittled away at our rights so that law enforcement would have an easier time finding drugs and weapons.

Do I have to speak with police? 
No! Many people feel that they can talk their way out of trouble. We believe that this is not going to happen. Anything you say to an officer is considered an admission and will be used against you at a trial. All spontaneous utterances will be used against you.

IF YOU ARE A SUSPECT IN A CRIME, LAW ENFORCEMENT IS NOT TRYING TO HELP YOU.
The police are trying to gather as much evidence as they can to help them make a case. You have no legal obligation to speak with them. Please let an attorney speak to them on your behalf. Even if you are not guilty of anything, the most subtle questions will trip you up and make it seem like you did something wrong. You are not obligated to be a witness against yourself.

What is the Fifth? 
In recent times, many people have pleaded the Fifth. This is a person invoking their legal right not to incriminate themselves.

What should I do if I have not been arrested but think a charge is soon to occur? 
I get a lot of  calls from people who tell me that there is not a pending charge, but they did something wrong or people believe that they did something wrong and a charge may be forthcoming. First, it makes sense to hire a lawyer. He or she can analyze the facts and make a decision if a law has been broken. An attorney can also deal with law enforcement on your behalf in order to try and avoid charges from being filed.

If a lawyer is not affordable or available, do not tell the police your story. This will generally make things worse. Unless you are so sure that you are squeaky clean and have nothing to hide, my advice is do not speak to police without asking for an appointed lawyer.

Do I have to allow the police to search my house or car? 
No! The police have every legal right to ask for your permission to search your car or home. However, you have every legal right to refuse. Unless there is probable cause to search, the police have no business looking through your personal items.    The Fourth Amendment mandates that citizens shall be free from unreasonable searches and seizures. What type of governmental conduct is deemed unreasonable, and therefore unconstitutional, is determined by the particular facts and circumstances of each case. However, some hard and fast rules do provide guidance. First and foremost among these is the core principle that all searches, unless conducted pursuant to a warrant, are per se unreasonable, therefore unconstitutional. There are, however, certain well-crafted exceptions to the warrant requirement, permitting warrantless searches when the requirements of the relevant exception are met, a lawyer should be consulted to address the specific factual scenario in your case.

If you need help call The Rollof Law Office - now - at (612) 234-1165.

Minnesota Expungements (Explained)

What is Criminal Expungement?

Criminal “Expungement” is the process of going to court to convince a judge to seal a criminal record. When a record is sealed, it does not show up in a criminal records search performed at the courthouse. An expungement does not erase your criminal courthouse record, but it prevents it from being viewed by the public.

What is my Minnesota criminal record and where is it kept?

Your complete Minnesota criminal record is comprised of all of the files and records of any crime that the State of Minnesota has filed against you. Each city, county and state law enforcement agency, prosecutor's office and courthouse keeps its own records. In addition, the Minnesota Bureau of Criminal Apprehension (BCA) has records of criminal convictions.

What type of criminal record information is public?

Typically, the information from your criminal record that is public includes the crime charged, the name of the court that convicted or dismissed the charges, the date of conviction or dismissal, a description of the sentence served and other details of the crime and court process.

Can employers check my state criminal court record?

Yes. In Minnesota, any person can search District Court criminal records at the county courthouse. An employer will most likely search the court records of the county where you live or work. Each county that is searched will have only the criminal records for that particular county. Another place that the public, including employers, check criminal records is at the Minnesota Bureau of Criminal Apprehension (BCA). Law enforcement agencies throughout Minnesota report information in their criminal records to the BCA. The BCA compiles this information into a "statewide" computerized record of criminal cases.

What types of criminal records can be expunged?

Records of serious crimes like murder and sex offender crimes are never expunged. Similarly, enhanceable offenses, like DWI, are not expunged. Less serious crimes may be expunged only if we can convince the judge that the benefits of expungement to you outweigh the disadvantages to the public. It is important to note that even when the court grants an expungement of a conviction, the records kept by some agencies, including the BCA, might not be sealed.

What if I was found “not guilty” or the charges were dismissed?

Even if you are found "not guilty" in a criminal case, you still have a criminal record. However, it is generally easier to expunge these types of criminal records. Similarly, if you never entered a guilty plea and you successfully completed a pre-trial “diversion program,” an expungement is more likely. A conviction (pleading guilty or being found guilty) is more difficult to expunge.

What are the chances of my petition for expungement being granted?

An expungement is never guaranteed. You need to do the paperwork and convince the judge that, on balance, the benefit of the expungement to you is greater than the disadvantage it would be for the public to not have access to your criminal record. This generally means you have to prove that: (1) you have been denied work, housing, or a professional license because of your record; (2) sealing your criminal record will not negatively affect public safety; and (3) you have rehabilitated yourself.

How long does the expungement process take?

In Minnesota, at least 63 days must pass between when your paperwork is mailed to the government agencies and when a judge holds the hearing to consider your request. If the judge grants the expungement, another 60 days will pass before the court actually seals your record.

If my criminal case is expunged, what happens to my court record?

A sealed state court record still exists but it is "invisible" to the general public. If the expunged crime was the only crime on your record, you will not have a court record that the public can see. Employers and the general public cannot see sealed records.

What about sealing the BCA and other agencies' records?

Under current Minnesota law, a state court judge can order the BCA and other agencies to expunge a dismissed case or a case in which you were found “not guilty.” However, if you were convicted, the judge generally cannot order the BCA and other agencies to expunge or seal their records.

If you are someone you love is looking for an Expungement, call the Rolloff Law Office today to set up a Free Consultation: (612) 234-1165.