Should You Fight a Minnesota Speeding Ticket?

It’s what everyone hopes to avoid while driving: the dreaded “flashing blues” in their rear-view mirror, an indication that someone’s about to be pulled over. Hopefully it isn’t you. At one point or another, just about everyone drives faster than the posted speed limit. Generally speaking, traffic enforcement officers give motorists some latitude – allowing motorists to drive between 5 and 10 miles per hour faster than what’s allowed for – but anything more than that and a ticket is probably in your future.  If you have received a ticket --- speaking to an experienced Minnesota Criminal Defense Attorney. 
 
A  ticket has lasting effects. It can cause auto insurance premiums to increase for motorists who are convicted and attaches points onto the driving record. Get too many tickets, and it could result in a license suspension. 

Think About It

Generally speaking, most courts decide in favor of the police officer, typically because they have proof that confirms their observation. Furthermore, even if you think you have a compelling argument, there’s no guarantee that the judge will decide in your favor. Thus, you can wind up spending hours in court hearings and you don't get the result you want/need.  .

That being said --- having help (ie., a lawyer) can might be the best use of your time/defense to beat a charge and/or negotiate an outcome with the prosecutor to keep it off of your record. 

If you think spending a few dollars is worth the saving in the long-term. Call the Rolloff Law Office - our fees for citations start at under $200.  Call for FREE ANSWERS today: (612) 234-1165.

Minnesota No Contact Orders (Explained)

 
Unfortunately, domestic violence is an all too common occurrence in the State of Minnesota. If you or someone you love suddenly find themselves charged with a crime --- or is in need of an order of protection --- you need to understand what you’re up against.  This is why you should contact a Minnesota Defense Attorney.

What You Need to Know

A very common occurrence --- when someone is charged with domestic violence crime is that the accused is prohibited from having contact with the complaning witness --- this can also include their residence and their family.  In Minnesota --- this can come in the form of a DANCO (Domestic Abuse No Contact Order) and/or OFP (Order for Protection.)

Violate one of these orders and one can find them-self facing even more charges.  Therefore, it is vital that him/her understands what the different kinds of orders require of you.

What These Orders Prevent One From Doing
 
Once a judge hears the case, she will decide on which type of protective order to make and the stipulations thereof --- including:  

• A prohibition from going near your own home (if the alleged victim continues to reside there), the alleged victim’s workplace, and possibly your children’s school(s);
• Removal of custody of your children (or limitations in your rights);
• Payment of spousal support to your accuser;
• Restitution for domestic assault, including payment for injuries;
•  Awarded divorce and termination of spousal rights;
• Mandatory counseling/therapy; and 
• Anything the judge deems necessary. 
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If You Fail To Follow The Order

Breaking a protective order is punishable by law, and in most cases will earn you criminal charges . If a protective order is issued against you and you don’t understand it, the best thing you can do is talk to a knowledgeable domestic violence lawyer who can explain what you are up against and tell you your options. 

 
The Rolloff Law Office is a Minneapolis-based criminal and defense firm known for fighting aggressively for its clients and utilizing tactics honed while serving as a prosecutor.  Call to set up a FREE CONSULTATION - today - (612) 234-1165 

Minesota Order For Protection Lawyer

If you have recently been served with a No Contact Order ... like an Order for Protection and/or a Harassment Order, you should talk to an experienced Minnesota Criminal Defense Attorney.  Often these orders are unfairly obtained ... and if you don't fight it, you could be subjected to significant restrictions to your personal freedoms and criminal consequences.  

What You Need to Know

The NO CONTACT Order for Protection is available to the family and household members of the abuser. "Family or household members" means the following people: current spouses, former spouses, parents and children, persons related by blood, persons who are currently residing together, persons who have resided together in the past, persons who have a child in common, a man and a woman if the woman is pregnant and the man is alleged to be the father
persons involved in a significant romantic or sexual relationship

If the person abused is a minor, then the minor's guardian may bring the petition on the minor's behalf.

Why You Need to Fight

An Order for Protection is a cheap, quick, and easy way to obtain temporary custody, child support, spousal maintenance, and possession of the house and everything in it. It is a crippling blow to the one who gets the order, who must quickly deal with the immediate issue of finding a place to live and not having access to his residence, while the accuser is comfortably moving on to further stages of the custody battle.

Worse, once an Order for Protection is obtained, this document is repeatedly photocopied, flagged, highlighted, waved around like a red flag, and referred to in ominous tones at every opportunity by counsel for the “victim.” Whether rightly or wrongly issued, it creates a bad first impression and predisposition for any judge, custody evaluator, guardian ad litem, or other third person involved with the case.

Because an Order for Protection can be such a powerful weapon, it is often abused. Many allegations of abuse are wholly fabricated. Many are gross exaggerations. Any physical contact during an argument becomes an assault. Any vague comment about future possibilities becomes a “threat.” For example, a client once retained me in a divorce, who had previously had an OFP issued against him for telling his wife that she would come to regret her decision to pursue divorce. The spouse said that made her feel threatened. The Court bought it, and issued the OFP.  

Worst Case Scenarios

The fact that OFPs are so often abused has all too often really bad results, such as:

False abuse claims can result in great advantage in custody cases, to the harm of children, who suffer from the lack of contact with the other parent. I’ve heard more than one judge state from the bench that he must “err on the side of caution” and grant the OFP. (This is contrary to law and downright asinine, because it doesn't take into consideration the harm that the erroneously issued OFP will have on the children). Nevertheless, this attitude is all too prevalent on the bench.  

And/or:

Legitimate abuse claims can and do get rejected by judges who are biased in the other direction, denying orders for protection in the belief that the abuse claim is a fraudulent attempt to gain advantage in custody proceedings, when in fact the abuse was very real.

What Should You Do?

If you should be so unfortunate as to become the Respondent in Order for Protection proceedings, where custody and parenting time of children is at issue, it is extremely important to retain an experienced Minnesota OFP Attorney as soon as possible, so that your attorney has as much time as possible to prepare for the OFP hearing, including to subpoena witnesses if necessary. OFPs figure largely in child custody cases, even when they’re issued on behalf of the spouse only and not the children. It is essential to defend aggressively against them.

One road to go down... if the OFP Petitioner has ever committed acts of domestic abuse against you, it is almost always advisable to bring a counter-petition for an OFP yourself, to be heard at the same time as the Petitioner’s case against you. This requires that you act very fast once you are served.  Honestly, if you are the victim of domestic abuse and need an OFP, don’t delay in seeking it, because if you do, your motives will be called into question along the lines of: “if you really were in fear, why did you wait X number of days/weeks/months to seek and Order for Protection?” Better to drop everything and bring your Petition for an OFP immediately after the abuse occurs.

Fire Arms

An often overlooked consequence of an Order for Protection is that the person restrained thereby may not possess any firearm for as long as the order remains in effect.  Violation is a federal felony offense punishable by up to 10 years in prison. So if you’re a hunter, this can be an important consideration.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

Minnesota Restraining Orders (Explained)

No Contact Orders --- like Orders for Protection or Harassment Restraining Orders are often obtained to keep one family member away from another family member, but did you know that such orders can be obtained by anyone who feels they are being harassed by or need protection from another person. With a restraining order, the individual who is served the order does have the right to challenge it because violating that order, even by accident, can have stiff penalties. An experienced Minnesota Criminal Defense Attorney can help you challenge these No Contact Orders so that their far-reaching consequences don't effect you.  

Who Gets No Contact Orders?

There are several reasons as to why someone will obtain a No COntact Order. The most common is harassment. Harassment is conduct that causes a person to feel threatened, frightened, persecuted, oppressed, or intimidated in some way. This likely includes the following behaviors: stalking, repeatedly returning to someone’s property, mailings, telephone calls, and other disturbing acts. Criminal harassment and stalking charges can cause someone to incur a criminal record (even a Felony one) depending on the act that they committed the age of the victim, whether a weapon was used, and any other applicable factors.

When a person gets a restraining order against another, they do so to keep that person away from them. However, while some allegations warranting a restraining order may have merit, there are many occasions where they do not. A person may state that an ex is harassing him/her in order to keep that person from seeing a child or a person will obtain an order for retaliation or spite. The order can be issued prior to a court hearing or you having the right to be heard. You can challenge the order at a later court hearing.

Restraining Order Violation

If you would violate a restraining order intentionally or accidentally, additional criminal charges could be brought against you that could result in more consequences. This is why you need to take the steps to challenge the order as soon as possible. An experienced Minnesota Restraining Order Defense Lawyer will make sure you are able to do that and do so effectively. That way you can possibly have the order thrown out, especially if it is one that has been obtained to keep you away from your children, to try and damage your reputation, or cause you to violate it and have you placed in jail. By successfully challenging the order, you are taking steps to make sure it doesn’t exist so that there is no chance you violate it.

f you have been accused of violating a Restraining Order, you need an experienced attorney by your side --- you should not have to simply take the accusations and the penalties resulting from a conviction just to get the matter over with quicker. It is your right to fight the charges so you can have the best possible future. To learn more about how The Rolloff Law Office can help you, call (612) 234-165 for a free consultation.

MN Assualt Chrges (Explained)

Assault is defined as the intentional use of violence and force on another person in order to cause bodily harm, or putting that person in fear of being harmed. There are many different types of assault crimes such as stalking, harassment, battery, assault with a deadly weapon, terrorist threats, sexual assault, child abuse and domestic assault. Depending on the circumstances of the case, it can be charged as either a misdemeanor, gross misdemeanor or felony offense. 

Domestic assault is the act of physically harming, threatening or harassing a family member such as a spouse or blood relative, someone with whom you live, a boyfriend, girlfriend, or domestic partner.

As a Minnesota Criminal Defense Attorney, I have worked on hundreds of cases like these.  As a former prosecutor, I can tell you they are tough for the state to prove; however, without a good lawyer by your side - you could be in for a heck of an uphill battle.  

Degrees of Assault

First Degree Assault: This crime is charged when the alleged victim is inflicted with great bodily harm or if the offense is committed against a peace officer.

Second Degree Assault: The defendant may be charged with this offense if a dangerous weapon is used in commission of the crime.

Third Degree Assault: This crime is charged when the defendant assaults another person and causes substantial bodily harm, or if the defendant is accused of assaulting a minor. It is a felony to assault a child under 4 years of age.

Fourth Degree Assault: This charge is a gross misdemeanor that results from assaulting a police officer, fire fighter, or emergency medical personnel in commission of their jobs.

Fifth Degree Assault: This crime can be charged when a person intentionally commits an act to cause fear of immediate bodily harm or death to a victim, or if they intentionally inflict or attempt to inflict physical harm upon a victim.

The Consequences of Conviction - Criinal and otherwise

A conviction in an assault case can result in:

• Imprisonment
• Fines
• Restitution
• Anger management classes
• Mandatory counseling
• A restraining order
• The loss of your rights to own and possess fire-arms --- forever!
• Child custody problems (domestic assault)

There are various factors that will determine the harshness of the sentencing, including the severity of injuries resulting from the assault, the use of a deadly weapon such as a gun or knife in the assault (aggravated assault), and the person's prior criminal history.

What Should You do?

If you have been charged with assault, a knowledgeable law firm should be contacted immediately for assistance. Any type of assault case requires immediate intervention by a skilled lawyer who can protect your rights. The Rolloff Law Office offers highly skilled assistance with assault cases, including domestic assault. We are well-versed in assault laws and can provide the qualified and knowledgeable legal representation you will need when fighting domestic assault charges.  Want FREE ANSWERS? Call today: (612) 234-1165.

Fight an Order for Protection/Harassment Order (Explained)

Orders for protection, or restraining orders, are typically issued to prevent further abuse, stalking, or domestic violence. Orders for protection require the person to stay a designated number of feet away from the person filing the order. They may also include additional provisions. If you have no idea what I;ve just set-forth here, you may need a Minnesota Criminal Defense Attorney to assist you.  

Minnesota Restraining Orders

Minnesota restraining orders (order for protection) may be for a short amount of time or last up to two years. Once filed a restraining order prohibits any contact to be made with the person who filed the order. During divorce cases restraining orders can be extremely difficult and painful, especially when children are involved. Restraining orders may also keep a person away from their home during a divorce case.

Although restraining orders are designed to keep citizens safe from abuse and harassment, they may also be filed out of revenge or punishment. If this is the case the restraining order must be fought immediately with force in order to resolve the situation. 

Minneapolis Personal Protection Order Attorney

If a spouse, family member, or other person has filed a restraining order against you that is unjust contact the Rolloff Law Office today. I understand that divorce cases, family matters, and other situations become complicated and emotional. This does not excuse orders for protection filed out of revenge or punishment, and I'm dedicated to fighting them to the fullest extent.  Free Consultations: (612) 234-1165.  

Fighting a Minnesota Arrest (Explained)

Because I've seen it more times than I care to count (and even I've lived it,) if you have been accused of a crime, my guess is that it has caused to experience a lot of confusion, anger, and a lot of doubt regarding your future. Even if the cops got it wrong, you can't help feeling that if you're convicted, you know that your life could forever change.

Fortunately, just because you've been charged with an offense you do not necessarily have to be convicted of it ... and even if you are --- you don’t have to receive the harshest penalties the law has to hand down.

How?  How about working with an experienced Minnesota Criminal Defense Attorney?

What To Do After An Arrest


If you have been arrested for Drunk Driving, Theft, Domestic Assault, Criminal Sexual Conduct, a Drug Crime or any criminal offense, you should not say anything to the arresting officer or anyone else asking you questions until you have talked to a lawyer.

An experienced Minnesota Criminal Defense Attorney will guide you through the arrest process and also be present with you during questioning so that you do not incriminate yourself. Even if you believe what you are saying is not going to incriminate you, you would be surprised at what can be misconstrued and used against you.

Kick-ass Representation

The key to successful representation is being aggressive while also giving you the legal and the moral support that you need to reach a satisfactory resolution to your case.

Strategies are created to show that there may be reasonable doubt that you committed the crime or that the offense was not as severe as the charge. There are areas of the law that can render charges against a person invalid, so they may be reduced.

What Should You Do

At the Rolloff Law Office, you'll have experience working for you - experience as a former prosecutor.

Trust me, you need someone who has represented individuals charged with all kinds of offenses - at all levels -  and earned successful results.

The Rolloff Law Office  has a history of helping people avoid prison time, even when convicted. The reason for this is powerful negotiating skills when it comes to negotiating sentencing for clients.  Call today for a FREE consultation: (612) 234-1165

Fight Your Minnesota Traffic Ticket (Explained)

One of the most popular questions I get is: Do I really need a Minnesota Criminal Defense Lawyer to help me fight a traffic ticket?

Sure, sometimes it just makes sense to pay the fine for a minor speeding, an illegal turn, or running a red light citation. If you have a good driving record and you are ticketed or a minor infraction, chances are the fine will not be excessive. The judge may even decide on a reduced penalty without any defense statement from you. You should also look at options offered in some areas such as deferment --- from a hearing officer.

On the other hand, a major infraction such as Minnesota Drunk Driving arrest can cost you thousands of dollars in fines, increased car insurance rates, and fees associated with the reinstatement of your driving privileges. In that case - an experienced Minnesota Criminal Defense Attorney may be able to save you an enormous amount of money. Some of the savings are realized years down the road.

A Couple of Reasons Why You Might Want to Hire a Lawyer to Fight a Traffic Ticket

1. Reducing Or Eliminating The Fine

A serious moving violation may carry a penalty of as much as $1,000. If you already have a clean driving record - don't you want to keep it that way?  An attorney working on your behalf may be able to work out a deal with the court - to keep this ticket off of your record too.

2. Arguing The Citation

If the alleged infraction is serious and you believe you are innocent, hiring a lawyer to represent you may save you a great deal of money. Lawyers with experience in Minnesota traffic court matters may successfully argue that the citation was unwarranted. In the end, the only cost you pay is for the services of your legal representative

3. Preventing Insurance Rate Hikes

If you have one or two violations on record, your latest infraction could have a very damaging impact on your insurance premiums. An attorney may be able to successfully defend you against the charge, eliminating the increased insurance costs.

A major traffic violation could result in a fine and a huge hike in insurance rates over the next two years. The money you spend on a lawyer - although a HIT now could end up being money saved over the long term.

Now What?

What can it hurt to at least speak to a lawyer?  Many, like myself, offer a free consultations in order to gather facts concerning your case. Seriously, there are usually one or two key points I like to know in order to determine if you have a chance of beating a traffic ticket in court. Sure, I can't guarantee that you will be able to have a traffic citation thrown out in court - or that the  Nor can fine will be reduced to zero. However, having had been a prosecutor myself - I have a lot of experience in using that "insider's" knowledge to earn my clients the outcomes they're seeking Call the Rolloff Law Office today to get FREE answers: (612) 234-1165.

Got Your DWI Yet?

Believe it or nor not, one in seven Minnesota drivers as a DWI on his or her driving record. According to the Minnesota Office of Traffic Safety, in 2009 (the year for which they have the most complete statistics) 32,756 motorists were arrested for Drunk Driving while driving on the highways and byway through out the state.. Do the math... that means that on any given day - 90 Minnesota drivers are cited for Driving Drunk.  Of those individuals, 41%  of them already have at least on "prior" Drunk Driving conviction on their record. 

To many, these numbers point to only one conclusion - that we, as a society, have a problem.  As such, the call has gone out to: (a.) the police to beef-up their DWI enforcement efforts; (b.) the legislature to increase the penalties associated with a Drunk Driving conviction; and, (c.) the citizenry - to call out other drivers and report them to the government.  

With these sorts of efforts and tactics in place - if you choose to drive drunk - it’s probably only a matter of time before your are caught. If you, or someone you love has been arrested for DWI, you need to have an experienced Minnesota DWI Attorney on your side. Not only can he serve as a big relief in a situation where it seems like no one is on your side, he can also fight for you, your rights, your wallet and your future. 

Make the next, right move - contact an attorney and take advantage of their free consultation offer to discuss the details of your case. Before you make a decision that will most assuredly impact your future - and that of your loved ones - learn about the options available to you.

How to Beat a Speeding Ticket - The Cop (Redux)

If you're like me - reading can be boring... right?  As such, here's a video from the howcast.com crew- and another take - on How To Beat a Speeding Ticket. 

As with all "how to" advice - often the simplest explanation is the one least talked about. In this case, avoid speeding, and you'll avoid trouble.  However, if you have received a ticket - I understand, it is serious business. If you have questions about your rights - your best, next step should be to discuss your case with an experienced Minnesota Defense Attorney.

As a BONUS, another howcast.com clip - that follows up on the topic of How To Act If You're Stopped By the Police.

Happy trails.

How to Beat a Speeding Ticket - The Cop

There's more than one way to beat a Speeding Ticket. You can take the time to go into court, and try the case and/or beg for mercy in front of the judge --- or better yet, negotiate on the side of the road with the person who often has the highest degree of discretion when it comes to whether you'll be receiving a ticket.

Believe it or not - not everyone pulled over for exceeding the speed limit drives away with a ticket.

Why is that?

Well, one thing that you want to keep in mind when you're interacting with a [police officer is that - no matter the formality of it all (from the uniforms, to the badges, to the high-tech squad cars and investigation tools) - in the end you're dealing with another human being; someone with feelings and emotions just like you and I.

Here are somethings to keep in mind - from the moment you're pulled over.

How's your attitude?  What do you do, when you want someone to like you - or when you want him or her to do something for you? Do you argue or fight with that person?  No. The first thing you should keep in mind when you meet up with the officer is that you need to work to make him like you if you want him to do something nice for you.

How are your surroundings? Believe it or not, pulling over someone over can often be one of the most dangerous (if not the most stressful) aspect of an officer's job - because often he does not know what he is in for when he walks up to that driver.  Therefore, one thing that you'll want to do is to make sure the situation is as comfortable as possible.

Turn your car off, remove the keys from the ignition (place them on the dash where they can be seen) and put your hands on the wheel at the 10 & 2 positions. You should also remove any sunglasses or hats - and if it is nighttime, turn on your vehicle's interior light.

In short, think of what might make the situation tense for the officer - and then do the opposite. The more comfortable the cops are, the more amenable they might be to being lenient with you.

How's your cooperation? When you're pulled over, know this - the officer is in charge. If he wants your identification and vehicle insurance information - provide it to him without delay. (As a matter of fact, if you're going to need to be reaching around inside the vehicle, to comply with that request, you may want to also consider explaining to the officer what your doing - such as if the insurance card is in the glove box ... you should signal to him that's why your reaching in that direction.) Then, only after all his business is out of the way, should you even consider making your case.

The questions. Often the trickiest aspect of being pulled over is the questioning from the officer - because, more than curiosity as to whether you'll guess correctly -when asked "do you know why I pulled you over?" - what he is really trying to do is to get you to do is to do his job for him.

Remember, if you guess "because I was speeding" - you've gone along way toward helping the government make its case against you.

The answers. If you truly don't know why the officer pulled you over (and seriously, how could you know what's going on inside his head, right?) - you should politely explain that you're not certain as to why you were pulled over and that you'd hate to make an incorrect guess. On the other hand, if you know you broke the law - not only should you consider admitting as much, but you should also seek to praise the officer for having had stopped you. In doing so, not only are you demonstrating your respect for him and the work that he is doing - your honesty may be just what he needed to hear and as such he could decide to not seek any additional punishment for you.

Your questions. If you've developed some rapport with the officer - you should consider asking him a few questions. One you might want to try is - asking what speed detection device he used to "clock" you. Then, ask if you can see it. Now, he may say "no" - if that's the case don't push the issue (that's what court is for.) After that, you might want to ask about when the last time was that the unit was checked - to see if was working properly - and/or whether when the officer assessed your speed was he was moving or not.

When you do this - keep in mind - be respectful. Again, your trying to build a relationship with the officer ... one in which he might consider doing you a favor - not the other way around.

Plead your case. Once the formalities are out of the way, in your most sincere way --- ask for mercy. (Or as you might want to think of it - practice some dignified begging.) Make it sincere and let the officer know that this is a a big deal for you.

The end. No matter the outcome on the side of the road, leave the stop in such a way so that there's nothing too memorable about it. If you ultimately end up having this matter litigated in court, the less the officer remembers about it - the better. 

Like any arrest, a ticket is serious business. If you have questions about your rights - your best, next step should be to discuss your case with an experienced Minnesota Defense Attorney.