If you have been charged with the offense of Receiving Stolen Property --- you should seek out come input from an experienced Minnesota Criminal Defense Attorney. Even after you have read this post.
This offense is defined as: any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery. In many respects, the accused are treated like those who commit Theft. (Another crime that is similar to the receiving of stolen property is pawning of stolen property.)
What Can Happen
This crime can be charged as a felony, gross misdemeanor and/or a misdemeanor. The penalty range is dependent upon the conduct and the amount of the theft. For instance, for certain felonies the defendant faces a maximum penalty of 20 years in prison and/or a $100,000 fine. But, if the value of the property stolen on the lower end --- the maximum penalty is 5 years in prison and/or a $10,000 fine. Or -- if one is charged with a gross misdemeanor – the maximum penalty is up to one year in jail and/or a $3,000 fine. And, if the value of the stolen property or services is less than $500, it is a misdemeanor and the defendant can be sentenced to 90 days in jail and/or a fine of $1,000. Disregard these numbers --- if the act creates a reasonably foreseeable risk of bodily harm to another person. If that's the case: the penalties described above are enhanced
A good argument --- if you have been accused of receiving stolen property is claiming that you were ignorant to the fact that it was stolen. The requisite knowledge and intent is critical to the case, and often may be difficult for the State to prove. Additional defense arguments center on whether the the accused had a claim of right to the alleged stolen property, and whether the State can prove the value of the property in order to meet the gross misdemeanor or felony thresholds for the criminal penalties. Most good theft defenses will require careful scrutiny by a Minnesota Theft Attorney and potentially an investigator to interview key witnesses. The end result is a well thought out and strategic defense that focuses on not only preparing a defense for trial, but also used to leverage an optimal plea negotiation.
If you have been charged with Receiving Stolen Property (and/or Theft) in Minnesota, you need to consult with a skilled Minnesota Criminal Defense Attorney like the Rolloff Law Office. The sooner you do this, the better your chances of gathering the information that could help to see these charges dismissed. Call today: (612) 234-1165
In the State of Minnesota, the laws for Juvenile Drunk Driving differ from those for adults --- and all too often, the accused will not simply receive a slap on the wrist.
Frankly, because these persons are still in the beginnings of their driving lives, courts - hoping to deter
future offenses - often will come down hard. This is why it is important to talk to an experienced Minnesota Juvenile Criminal Defense Lawyer.
Minnesota’s Not a Drop Alcohol Law
Furthermore, for minors that have a higher blood alcohol content than
just a trace, they will find that they face higher punishments. So
those above the limit of .08 will have a higher punishment than someone
with .02 and those with a blood alcohol content of .16 will face even greater punishments than that.
When it comes to minors and alcohol, there two primary laws that
dictate what punishments they will face. While the zero tolerance policy
of the state of Minnesota dictates they will be punished, these laws
dictate what those punishments will be.
This law specifically targets juveniles that are below the age of 18
who get behind the wheel while under the influence. Punishments for
violations of Vanessa’s Law include:
- They cannot obtain a license or learner’s permit until age 18
- Must pay up to $680 in order to receive the license
- Juvenile DWI drivers may also face extra punishments depending on
the nature of the incident and blood alcohol content depending on the
judge’s discretion.
If your child is still a minor, then the Not a Drop Law does not
specifically pertain to them. This law advises punishments on those who
are above 18 years of age, but below the legal drinking age of 21 years
old. Punishments for violating the Not a Drop Law include:
- Revocation of driver’s license for up to 30 days or more
- Replacement with a limited or temporary license that has provisions to prevent further DWI incidents.
- Additional punishments may be added depending on the nature of the
incident and the blood alcohol content at the judge’s discretion.
If you are in the Minneapolis area and
need representation for an underage DWI or even for a DWI for those
above the age of 21 years old, contact the Rolloff Law Office to see what we can do for you. Call today: (612) 234-1165.
Some info that you might need to know - about your right to own/possess firearms, from an experienced Minnesota Criminal Defense Attorney:
Charged with a Felony, but - sentenced as a Gross Misdemeanor
If you were charged with a felony but convicted of a gross misdemeanor, your Minnesota gun rights should not be affected. The federal government denies individuals the right to purchase, own, or possess a firearm if they have been convicted of a felony level offense.
A “felony” is a crime punishable by more than a year in prison. However, even if you are charged with a felony, it’s possible that you will be sentenced in a way that makes your offense a misdemeanor or gross misdemeanor. In those cases, you may plead to the elements of a felony offense, but the judge imposes a sentence of 365 days or less. If that happens, your crime, by definition, is not a felony.
Unfortunately for many in this spot, the federal government may not understand this when they see the conviction. It’s common for individuals to receive the benefit of a gross misdemeanor sentence but still receive a denial by the National Instant Criminal Background Check System (NICS).
In fact, the language on the denial letter will state that you were convicted of a “crime punishable by imprisonment for a term exceeding one year.” Obviously, this is incorrect in these circumstances. Based on this obvious error, you would think that the process to overcome the denial would be simple. Unfortunately, that’s not necessarily true.
Fortunately, there is a formal process for correcting the issue with NICS. However, because the process can be lengthy, it’s important that you work with an experienced Minnesota Gun Rights Attorney who deals with this regularly and knows the best way to present the appropriate information.
If you believe you have been wrongfully denied when attempting to clear a NICS background check, contact the attorneys at the Rolloff Law Office to discuss your Minnesota gun rights restoration case.
If you have been accused of Theft --- you might want to consider contacting an experienced Minnesota Criminal Defense Attorney.
What is Theft?
Minnesota Law defines Theft as the intentional taking of property that is not yours.
This can be a temporary or permanent taken, but as long as someone takes it without permission, a Theft has been committed.
Common types
of theft include shoplifting, swindling (or tricking) someone into
providing services without paying for them, writing a bad check (or a check
without enough money in the bank,) using a vehicle without permission,
forging a check, or wrongfully obtaining public assistance (welfare
fraud).
Consequences
The penalties for Theft offenses in Minnesota vary depending on
the specific type of theft charge. Thefts involving money or goods in value up
to $500 are Misdemeanors --- punishable by up to 90 days in jail and a
$1,000 fine. Thefts involving money or property of up to $1,000 are Gross Gisdemeanors punishable by up to 1 year in jail and a $3,000 fine.
Thefts involving money or property over $1,000 are felonies punishable by
at least 1 year in prison or more.
What Should You Do?
The Rolloff Law Office has recently represented a number of clients accused of Shoplifting/Theft --- some cases involved switching price tags, walking out of the store with paying for an item,eating food in a store without paying for it, or return fraud. This is an extremely common crime in Minnesota. Stores, especially large retail chains, use a vast array of methods to combat this, using cameras, undercover store security, magnetic sensors, and electronic article surveillance.
If you need help (or more information,) feel free to contact us today for a FREE CONSULTATION: (612) 234-1165.
A violation that I - both as a prosecutor and an experienced Minnesota Criminal Defense Attorney - get tons of questions about concern those little yellow school busses and their stop-signs.
Well, according to Minnesota law, when a school bus is stopped on a street or highway and is
displaying an extended stop-signal arm and flashing red lights, an individual approaching the bus, in his/her vehicle, is required to stop within at least 20 feet
of said bus. Then, the driver must not move their vehicle until the
school bus stop-signal arm is retracted and the red lights stop
flashing. Failure to do so is a crime.
It is also illegal to pass (or attempt to pass) a school bus on the
right-hand, passenger-door side of the bus while the school bus is
displaying the "pre-warning" flashing amber signals.
What You Need to Know
Anyone who who fails to stop a vehicle while a school bus has its
stop-arm extended is guilty of a misdemeanor punishable by a minimum
fine of $300.
However, that same person could be convicted of a Gross Misdemeanor if they fail to stop their motor vehicle and commit either or both of the following:
- Passing or attempting to pass the school bus in a motor vehicle on the right-hand, passenger-door side of the bus
- Passing or attempting to pass the school bus in a motor vehicle when
a school child is outside of and on the street used by the school bus
or on the adjacent sidewalk.
The law is harsh in these settings because the lives of children in danger. Therefore, police and prosecutors take these crimes very seriously.
As such, you should, if you ever find yourself charged with illegally passing a school bus, should
talk with an experienced Minnesota Traffic Attorney . The Rolloff Law Office can walk you through the steps of your case
and plot a course for successful defense. Call today to set up a FREE CONSULTATION: (612) 234-1165
Charged with a crime? Your choice of an attorney is likely the most important decision you will make --- to earn the best result for your case.
What Do You Need to Know?
Likely by
the time that you are charged, the reports will have been written ... statements from witnesses will have been recorded ... and examinations of the evidence - by investigators will have been completed. The government's work is done. Alas, yours is just beginning. The next best decision - for you - would be to consult with an experienced Minnesota Criminal Defense Attorney to
into the state's case and to work to seek the best possible outcome.
What Can a Lawyer Do For You?
As a former prosecutor, my approach to criminal defense is a step by step process that has been demonstrated effective in achieving results such as though below.
First,
we identify the inaccuracies and holes in the police reports. This is
essential for simply a basic understanding of conflicting facts, and
where we have to go to demonstrate your version of events.
Second,
we identify where the reports themselves fall short in describing the
precise crime charged, and how evidence and statements were obtained.
This analysis forms the basis of motions to dismiss the case. A case
may be dismissed if the police reports themselves, even if believed,
simply don’t add up to the crime charged. In other cases, statements
and evidence may be suppressed, meaning it can’t be used at trial,
because it was unlawfully obtained or because it is not sufficiently
reliable or consistent with other evidence.
Third, we conduct our own
investigation if necessary to generate evidence which supports your
story, what you know actually happened. One of the greatest powers a
lawyer has is he ability to compel the appearance of witnesses at trial,
or have them arrested if they do not show.
Fourth, we consult with
the top experts in many fields of forensic study with whom Mr. Rolloff
has cultivated close professional relationships.
Finally, we prepare
for trial throughout the process. Not every case goes to trial, but
every case must be prepared for trial, or plea negotiations and motions
have no teeth whatsoever. Trial is the leverage which results in good
resolution that keeps you free, keeps your record clean, or which
results in dismissal altogether.
Preparing a matter for trial involves
more than just challenging the evidence in front of a jury. The jury
ultimately wants to hear a story, not a series of statutes and
procedures.
The Rolloff Law Office prepares your story in a compelling and believable
manner, backed by all the force of law and evidence. This approach has
been demonstrated advantageous for clients like those below.
If you want to learn more --- set-up a FREE CONSULTATION, call the Rolloff Law Office - today: (612) 234-1165
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
When a school bus is stopped on a street or highway and displays an
extended stop-signal arm and flashing red lights, the driver of a
vehicle approaching the bus must stop the vehicle at least 20 feet away
from the bus. Failure to do so may result in a passing a stopped bus
charge. If you have been cited for violation Minnesota Statute 169.444 ... then you should contact an experienced Minnesota Criminal Defense Attorney.
It is also a crime for a person to pass or attempt to
pass a school bus in a motor vehicle on the right-hand passenger side of
the door when the bus is displaying the pre-warning flashing signals.
Passing a Stopped School Bus Consequences
In
the State of Minnesota, someone convicted of failing to stop a vehicle while a
school bus has its stop-arm extended is guilty of a misdemeanor.
However, a person may also be charged with a
gross-misdemeanor if they fail to stop their motor vehicle and commit
one or both of the following:
- Passing or attempting to pass the school bus on the right-hand passenger-door side of the bus; and/or
- Passing
or attempting to pass the school bus in a motor vehicle when a child is
outside of and on the street used by the school bus or on the adjacent
sidewalk.
Driver’s License Sanctions
Depending
on the circumstances surrounding the offense, a passing a stopped
school bus conviction can lead to a driver’s license suspension or
revocation.
Illegally passing a school bus is a serious offense with
severe consequences. Having an experienced attorney is therefore
essential to ensure that your rights are protected throughout the legal
process. Call the Rolloff Law Office to get more information about what you can/should do ... so as not to make things any worse. FREE CONSULTATIONS: (612) 234-1165
Juveniles can be accused of crimes --- as confusing as that might be for a child and their parents.
Now, while many children
are tried as minors in juvenile court, there are others that are tried
as adults because the crimes that they are accused of committing are quite serious.
What You Need to Know
If your child has been accused of a crime, it is your
right to secure the help of an experienced Minnesota Criminal Defense Attorney to
fight the charges. Even if your child committed the offense, the good
news is that the maximum penalties do not necessarily have to be paid.
Your Child’s Future
When
you have an experienced Minnesota Juvenile Criminal Defense Attorney fight for your child, understand that you are taking steps toward
protecting your their future. Even if your child did commit the crime that he/she is accused of,
there are rights that need to be protected and options that can be explored which can (likely) keep this from turning into something terrible.
Juvenile crimes include:
- Shoplifting
- Drunk Driving
- Traffic Tickets
A parent's biggest fear is wanting their child to be safe --- especially when he/she is accused of a
crime. While a juvenile crime may not follow the accused through their life,
under some circumstances it can interfere
with getting a jobs and/or college admissions. If your family has ANY questions, you may one to consider contacting the Rolloff Law Office to request a free consultation. Call today: (612) 619-0262
So, you have some questions about whether you might need the services of a Minnesota Criminal Defense Attorney. Here are a couple of things you should strongly consider.
Do I a Lawyer?
Anyone acing a criminal charge, no matter how minor, could benefit from speaking with an experienced Criminal Defense Lawyer. Even if you never hire him, a FREE CONSULTATION will help you to understand the nature of the charges you face, possible defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.
For serious charges, it will be a rare situation where one can "do-it-themselves." When the consequences are huge/serious ... a lawyer can assist with (at the least) the negotiation of a plea bargain, or to prepare a case for trial.
What Should Your Lawyer Know?
An experienced Minnesota Criminal Defense Lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.
How Much it Cost?
The cost of a lawyer can vary significantly --- depending upon the nature of the charges which have been filed (or which are expected to be filed) against the defendant --- and what needs to be done - ie., a trial and/or plea bargain. As a general rule, lawyers will typically require a large fee for a complex case ... less for a simple one. The amount of a retainer fee will also typically increase with the severity of the charge filed against a defendant.
Misdemeanors & Felonys
In a misdemeanor case, , it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.
Where to Find a Lawyer
It is unfortunately not always easy to find a good criminal defense lawyer. Here are some suggestions:
Professional Organizations - Each state, and some counties/cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.
Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.
Directories - There are a number of online directories which include criminal defense lawyers, including LegalMatch.com, Lawyers.com and FindLaw.
After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours. Call the Rolloff Law Office - today - to set up your FREE CONSULTATION: (612) 234-1165
If there is one thing I know, personally, is that everyone makes mistakes—especially young ones.
One thing to be careful about: children and teenagers involved in criminal activity are prone to long-lasting penalties that could impact the rest of their lives. As and experienced Minnesota Juvenile Criminal Defense Attorney, I can help provide the support - legal and otherwise to your child and your family - and make sure the potential penalties don’t damage the future.
What to Expect
Minnesota law defines a "juvenile" as a person between the ages of 10 and 17. When a juvenile commits a crime, the laws, procedures and the consequences are different than they are for adult criminals. For example, juveniles are not entitled to a jury trial or bail release.
Some of the most common juvenile crimes in Minnesota are:
- Alcohol Violations Involving Minors
- Drunk driving - "Not a Drop"
- Speeding, careless/reckless driving, and texting while driving
- Shoplifting/theft
- Employee theft
- Drug possession
- Obstruction of justice
- Disorderly conduct
Juvenile crimes can range from misdemeanors to felonies --- depending on the circumstances surrounding the crimes. In the most serious cases, the juvenile offender can be charged and punished as an adult and even sent to prison.
Many children don’t deserve harsh sentences because they are often unaware of the consequences of their actions. Common punishments for juvenile offenders include counseling and detention in a youth facility or juvenile hall. Having a criminal attorney to fight against the prosecution and keep the charges to a minimum is a must.
How to "Win" the Case
The offender’s age, criminal history, and the circumstances surrounding the crime determine a consequence. However, unlike criminal court, the intention is more focused on rehabilitation. Therefore, if we work together ... getting "help" before the judge makes his order, we can work to keep the ultimate consequences to a minimum ... keeping the individual's future path free of the "clutter" these wrong-doings could cause.
A Minnesota Juvenile Defense Attorney can ensure that a juvenile’s rights are not violated, and that they receive the support they need to grow. Call the Rolloff Law Office today, to set up a FREE CONSULTATION: (612) 234-1165.
If you have been accused or charged with a crime, you must understand that you have the right to an attorney. At anytime, you can ask for a lawyer ... from the accustaion, to when you're being questioned by the police or any
time later in the process ... all the way up until trial.
If you can't afford an lawyer,
you can ask the judge for a court-appointed attorney - a public defender. Otherwise, you'll
be expected to pay for the services of a criminal defense lawyer
yourself.
How to Choose the Right Criminal Defense Lawyer
To find
the right Minnesota Criminal Defense Lawyer - first - look for someone who works your type of case. A lawyer who handles mostly DWI charges, for example, might not be the best person to handle charges of
assault or homicide. Another factor to consider is whether the lawyer
practices criminal defense in the particular court or county where you'll be
tried.
Meet With the Lawyer
Often, the best way to get to know someone is to take their measure - face-to-face. This is the best way to get answers to your questions. If the case is routine, the lawyer may be able to give you an idea of what could
happen --- without looking at the police reports and other documents. However, *** be warned *** no lawyer should try to give you any guarantees about the
outcome of the case.
A Criminal Defense Lawyer Can Help
The law
surrounding your defense, when accused of a crime, is complicated --- even if you think it isn't. Plus,
the facts of each case are unique --- so, what happened to "some guy you know" may not be what happens to you. For more detailed, specific
information, please contact a Minnesota Criminal Defense Lawyer.
I'm a former prosecutor ... who has worked thousands of cases. Any questions ... anytime, please feel free to call or text the Rolloff Law Office: (612) 234-1165.
DOMESTIC ASSAULT is a crime in the State of Minnesota and it can be charged out as a Misdemeanor, Gross Misdemeanor or Felony. Additionally, the charge and/or a conviction can have lasting negative consequences to a defendant and his or her family. This is why you should get answers from an experienced, Minnesota Criminal Defense Attorney --- before things turn into an even bigger mess.
What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction?
1. Domestic Assault No Contact Order (DANCO)
Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is very common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the case has been resolved.)
Often the issuance of a DANCO order creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.
2. Anger and Chemical Use Assessments
Most judges will order an individual convicted of Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well. After the assessment process is complete, the Judge (or probation) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.
3. Harm to Employment/Employment Prospects
Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.
Why you should contact Richfield Domestic Assault Attorney Jay Rolloff?
Jay Rolloff is a Minnesota criminal defense attorney with experience both prosecuting and defending people charged with Domestic Assault. To find out how to resolve your case in the most favorable way possible for you, contact The Rolloff Law Office for A FREE CONSULTATION on your Richfield Domestic Assault case. Call: (612) 234-1165.
Many people are unaware of the serious consequences of a Minnesota Theft/Shoplifting conviction.
Even if you have been charged with a misdemeanor offense, you may still face jail time and/or a fine. And, you may face problems in the future because employers, banks, professional associations, credit bureaus, colleges, universities and landlords may check your background before agreeing to work with you.
---
Because being charged with Shoplifting is serious - not only in court but also to your career and professional life - you should strongly consider hiring a Minnesota Criminal Defense Attorney.
Shoplifting is a serious crime. Being charged with Theft, no matter how small the amount, can negatively impact your life. If you have questions, call the Rolloff Law Office to get FREE ANSWERS --- (612) 234-1165
The crimes that juveniles commit are the same as those that adults commit. From underage Drunk Driving to murder, the only difference in the commission of these crimes is the age of the defendant.
Depending on the crime, the juvenile may establish a juvenile criminal record, which means the record will be sealed when they turn 18. If they are tried as an adult because of the severity of their crime and their age when they committed it, the record could follow them throughout the rest of their life. This could cause them difficulty finding a place to live, finding meaningful employment, and even going to college.
If you are the parent of a child who has been charged with a crime, it is important to secure the assistance of an experienced Minnesota Criminal Defense Attorney Through this experience, your child can receive the best possible result in their case.
Experience With All Types Of Juvenile Offenses
There are some crimes that juveniles are charged with more than others. Some of these common crimes are:
- Theft
- Assault
- Vandalism
- Underage DWI
- Disorderly conduct
- Probation violation
- Drug possession
Juveniles can also be charged with sex crimes and even murder.
If you are the parent of a child who has been charged with a criminal act, you are most likely wondering about your child’s future. The good news is that there are some options for your child so that he or she can have a productive future. To learn more, call the Rolloff Law Office at (612) 234-1165 to set up a free consultation.
Almost without fail, in the State of Minnesota, individuals arrested for (suspected) gross misdemeanor or felony-level DWI offenses often detained in jail, pending a court appearance. Believe it or not, someone who has been arrested, without a warrant, can spend four days or more in jail before he has a court appearance addressing possible conditions of release.
An experienced Hennepin County DWI Attorney can help get your friend or family member out of jail as soon as possible under the circumstances. If you would like to explore jail release options, call the Rolloff Law Office at (612) 234-1165 for a free consultation. Often, we can get a judge to set bail in situations where no bail has been set.
One thing you need to know is a bail bondsmen often will call an arrestee's home or family members to solicit their business. Before you do that, I would strongly suggest that you (first) speak with an experienced Minnesota Criminal Defense Attorney before paying because often you can sometimes post bail for less money or can avoid posting bail altogether to secure a person's release.
Something to Consider
In a warrantless arrest such as the typical DWI case, the prosecution and courts must comply with two rules.
1. A judicial determination of probable cause to detain the defendant must be made within 48 hours of the arrest. This process should also set bail or conditions of release --- although some defendants will continue to be held without bail. If the court fails to make that decision, the jail must release the defendant without any conditions.
2. If a judicial determination of probable cause is made within 48 hours of arrest, the defendant nevertheless must appear in court within 36 hours. (The 36-hour rule does not include the day of arrest, Sunday, and holidays.) So, if someone is arrested at 2:00 a.m. on Saturday, the person would have to appear in court by noon on Tuesday, assuming Monday is not a holiday.
Types of Offenses
Gross misdemeanor DWI cases, i.e., charges of Second or Third Degree DWI/Test Refusal --- a defendant is entitled to release without any conditions upon posting maximum bail/bond of $12,000. In other offenses, the bail maximum bail amount will vary.
If maximum bail is set at $12,000, the defendant has the option of posting $12,000 cash with the jail or retaining a bail bondsman to post bond in the amount of $12,000. If a defendant posts $12,000 cash, he or she will be entitled to return of $12,000 minus any fines and court costs upon resolution of the case. If the defendant fails to appear in court as required, the court may revoke the bail and the defendant could forfeit the $12,000. Because most defendants do not have access to $12,000 cash on short notice, most defendants will retain a bail bondsman.
Bail Bondsman
A bail bondsman fee generally is 10% or less of the bail amount. Thus, if bail is set at $12,000, the defendant or his family member would pay the bail bondsman $1,200 or less to secure release of the defendant. The bail bondsman then will post bond with the court. If the defendant fails to appear in court as required, the bail bondsman will be liable to pay the court $12,000 if the defendant is not brought to court in a timely manner. In that case, the bondsman will attempt to bring the defendant to court, and if unsuccessful, will sue the defendant or the co-signer of the bond for $12,000.
If a defendant has retained a defense lawyer, the bail bondsman often will agree to post bond for less than 10% due to the lower risk involved.
In felony cases, the bail analysis is more complicated. A defendant usually will have to appear in court where a judge will set bail based on arguments made by the prosecution an experienced Minnesota Criminal Defense Attorney.
If you have questions about jail release, please the Rolloff Law Office at (612) 234-1165
If you or someone you know has been arrested for DWI or drunk driving, here are a few initial things to know:
1. Consider Contacting a Minnesota DWI Attorney
When ever your facing a situation unknown to you, it is a good practice to bring yourself up to speed --- to get information --- before you make a decision which will (likely) have longstanding ramifications. An experienced Minnesota Criminal Defense Attorney can ensure that your arrest is handled properly and that you receive the best result under the circumstances - including a dismissal. If you are unsure about the process, an experienced drunk driving lawyer can help you understand the process and make you aware of your options.
2. Consider Challenging the License Revocation
As part of most Minnesota DWI arrests, the accused may have their driver’s license revoked, their license plates impounded, and/or their vehicle forfeited. If you want to challenge these things, you need to file, in a timely manner, paperwork with the court. In addition, the time to file these challenges is limited to between 30 and 60 days. If this seems like something you might need help with --- consider contacting a lawyer.
3. Be Proactive
Most DWI convictions will include - as part of the criminal sentence - certain obligations, including: a chemical dependency evaluation and attmedence at a MADD Victim Impact Panel. If you do those things before the judge orders you to do that ... you maybe able to earn a better outcome for your case by a more open minded DA and judge who'll see that you are "working on the problem."
If you are facing a Minnesota DWI, DUI, or drunk driving charge, call The Rolloff Law Office for a free consultation at (612) 234-1165.
