Showing posts with label how to chose a lawyer. Show all posts
Showing posts with label how to chose a lawyer. Show all posts

Thursday, March 1, 2012

Minnesota Criminal Defense Lawyer's Job (Explained)


It's often said that an experienced Minnesota Criminal Defense Attorney must wear many hats ... If you’re looking to hire a criminal defense lawyer, you don’t want someone who is known for his or her litigation skills, you want the best criminal defense lawyer in Minnesota.  With so many excellent attorneys to choose from in the region, how do you narrow down your selection and hire the one that can “do it all?”

There are plenty of articles about choosing a criminal defense lawyer, and at first glance many of them seem to be giving credible advice, at least until you notice the list of paid attorney listings below.  When you make a decision that could impact the rest of your life and try to find an attorney who will win your case, it’s a lot more involved than finding the one closest to your home.  As you already know, a conviction for a violent crime in Minnesota carries some serious penalties, perhaps even time in prison.  You will want to have the best attorneys fighting for you, both in the courtroom and behind the scenes.

To put it simply, unless you are qualified to work with a court-appointed lawyer, it will be your responsibility to look for the best criminal defense lawyer for your case.  This is one of those times where saving a few dollars and representing yourself is not recommended.  No criminal case is exactly like another, so it’s impossible to read up on your case and quickly learn how to present your case.  Experienced attorneys know all about the twists and turns, legal precedents and rules of the courtroom.  As a former prosecutor, I also offer something many of my colleagues in the defense game can't give you - that insider's perspective that comes with working for the DA.

Some Suggestions
Look for a criminal defense lawyer who can do the following to help your case;
  • Work with you to negotiate a deal with the prosecutor.  Also known as a plea bargain, these deals can often reduce or eliminate a potential prison sentence, as well as many of the charges that were brought against you;
  • In the event that you are found guilty, figure out an ideal sentencing program that will prevent you from ending up in the criminal justice system again.  This may include rehabilitative programs such as drug or behavioral treatment plans and 
  • Navigate the Minnesota criminal justice system and educate you about the written and unwritten rules and court rules that must be followed throughout your case.


Who You Going to Call?

An experienced Minnesota Criminal Defense Lawyer can do all of the above - and more.  Find out more about me by calling the Rolloff Law Office today to set up a FREE consultation.  Dial (612) 234-1165.

Sunday, February 26, 2012

Minnesota Police and the 5th Amendment (Explained)


Based on a number of conversations I've had lately, it appears as though your Fifth Amendment right to remain silent, as set forth in the constitution, and Minnesota Law Enforcement's job appear to be more in conflict than ever. Why? Well, the cops know that almost anything you say can hurt your criminal case and as such they'll try stop at nothing to question you.  This is why, before you ever submit to any interrogation by a peace officer you should ask to have your Minnesota Criminal Defense Attorney present.

Why Would Anyone - Ever - Talk to the Police?

The problem is when we are accused of and/or even just asked about something we have this natural inclination to try and explain ourselves.  Where this becomes problematic is when law enforcement is involved and we try to convince them that we've done nothing wrong. What you may not know is that many police are: (1) not interested in the truth, and/or (2) already believe the first person who told them their story and, based merely on that, have already made up their minds about what happened.

Seriously,  a sort of "tunnel vision" sets in - and even if you offer a plausible alternative to what they believe has happened - they just won't listen.  Why?  Well, believe it or not the cops are often motivated by factors other than the truth. For example, they may be in a hurry with only a few minutes to spend on a certain case - and they just want to write their report, issue a summons and be done it. At other times, they have a number of open files -  stacked up one after another - so they get lazy. Or, they may not like you for some reason and have no interest in finding another suspect responsible for the crime your accused of committing. Therefore, it is simplest to just charge you --- and maybe the "truth" will get worked out later.  Finally, they may just want a conviction statistic more than they want the truth.



The Real Problem

The number one issue, in my opinion, is that law enforcement all too often believe the first person to call them - and from there on out (once they've talked to their "victim") they make up in their minds about what happened.  And, as a result, they talk with you (or anyone on your side) using that filter - listening only for incriminating statements and interpreting your words in a conviction oriented manner. Honestly, they pretend to want to get at the truth only to keep a suspect talking. Then, they write down all the negative things you say and ignore the positive.

Somehow, individuals accused in criminal cases forget that police are experts in getting convictions and that they are not your friend. Convictions are their job and they are good at it. Only with silence can the accused stop police in their tracks.



What Are You Going to Do?

If you have been contacted by police, exercise your Fifth Amendment right to remain silent and call The Rolloff Law Office at (612) 234-1165. Together, we can protect you, your family and your future.

Wednesday, January 25, 2012

Minnesota DWI - Videos (Explained)


If I told you that you were under arrest for a Minnesota DWI - and that the whole encounter with law enforcement was captured on video - what would you say?

My guess is that most people hearing that news would be pretty anxious or nervous about what was recorded - right?  Well, whenever I learn that there's a video of an arrest, I get kind of pumped.

Why I Love Drunk Driving Videos

In most Minnesota communities, police squad cars are being outfitted with the latest video recording equipment.  (Heck, in one city, officers own bodies are being used to carry such devices.)  And believe it or not, video is great for a number of reasons - not the least of which is that it doesn't have the biased view that law enforcement often carrys with them into almost any arrest situations.  Video cameras can't smell alcohol, they aren't congratulated on their number of Drunk Driving arrests they make and they don't have quotas for stops of vehicles and DWI investigations. They simply record what happens, as it happens.


Guess Who Hates Drunk Driving Videos.

If you might be anxious about how you'd appear on an arrest video - can you imagine how the officer feels?  If my past experience - working with law enforcement - as a prosecutor is any indication, they absolutely hate it.  They're number one complaint - that videos don't catch the little "nuances" of what they see.

Now, I never quite understood this argument because in my humble opinion the video is often as clear as day when it comes to showing someone doing or not doing something - such as: crossing a line, stumbling, or slurring their speech. 

The Truth

In theory, video was supposed to make the work of the DA easier and the work of a Minnesota Criminal Defense Attorney harder. But it usually works in the other way.

I love having video evidence - it shows me what the police reports never do: What actually happened.

What Should You Do?


If you are charged with Drunk Driving, don't wait to get help. Call the Rolloff Law Office today - (612) 234-1165. We are ready to serve as your Minnesota DWI Attorney, and we'll do whatever we can to get the resolution you want. Call

Friday, December 23, 2011

Minnesota Attorney Fees (Explained)

As I've set forth in a number of different posts here and on my website, although costs should be chief among an individual's considerations when deciding who to go with when picking a Minnesota Criminal Defense Attorney - it should NEVER be #1.

I get it - no one wants to pay too much, or any more than they have to, for anything. And, it's no different when it comes to legal fees. Granted, my fees might be more than what some Minnesota Criminal Defense Attorneys charge - but you'll also find that they're less than some others. Yet there are still really two competing bookends to this scenario.

Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.

As I asserted before, looking for a lawyer on a "low-bidder" basis is probably the worst way to find quality representation. This is because there is simply no way to not cut corners when offering a discount price.

On the opposite side of the coin, paying an arm & a leg all too often means getting "soaked." Anyone can request every document under the sun from the government and work the daylights out of a file, but whether or not that is necessary, or even advisable, is another thing altogether.


Example

Imagine a pipe leak in your basement:

One contractor may propose excavating all the soil around that wall in order to "get a good look" at the problem. This may cost thousands of dollars, but that certainly will do it.

Another contractor may simply show up and, for $150, slap some waterproof paint over the spot. That may very well stop the leak for a while.

Yet a third contractor may show up, trace the leak, and know, right out of the gate, that the right repair is to pump an epoxy sealant into the crack, fixing and sealing it forever. His fix will cost about $350.

The cheapest "deal" turns out not to be any kind of "deal" at all. The most expensive is downright wasteful, while the middle ground approach turns out to be the best bang for the buck.

Hiring a Minnesota Criminal Defense Attorney isn't really much different. The primary question becomes how much work is necessary - something that can vary from case to case.

A good attorney will always engage in a factual investigation once he takes on a case.

A bargain lawyer simply cannot afford to do that and expect to turn a profit, so they'll simply sign the client up for a quick plea deal.

The overpriced lawyers will often spin a large story about all the things that "could" be wrong with the case. (To be fair, these guys will rarely charge an exorbitant fee and simply rush in and quickly take a plea. They'll spend the time and effort and get enough records to choke a horse. The problem is that, all too often, this is a complete waste of time and money.)

Going back to the leaky basement wall, the most expensive contractor could tell the homeowner that they'll inspect the entire foundation of the home and dig up all the soil around all the basement walls, but in the end, in most cases, they'll wind up injecting the same epoxy into the crack that the middle guy would, except they'll wind up doing that after they've done several other thousand dollars worth of unnecessary and wasted work.



What Should You Do?

First, avoid the low-bidders. They bring nothing to the table but a waste of money. No self-respecting Minnesota Criminal Defense Attorney who thinks enough of his skills markets themselves on a bargain basis. I certainly don't. If they don't think enough of themselves to compete in the big leagues, it's not likely that any prosecutors or judges do, either. They build a practice upon moving cases in and out as quickly as possible, and their income is based on doing as little as possible in as many cases as possible. That's no way to have something as important as your criminal case handled.

Instead, a person should look for an attorney who will charge a fee that will include doing the necessary background work and investigation to make sure the crime charged is legally sound, and, if not, will then have a built-in structure to charge for the work necessary to intelligently challenge weak evidence.

Some cases are rather obviously solid. Say, when a Drunk Driver crashes into another car, and the cops arrive at the scene to find one of the drivers behind the wheel and obviously under the influence, it is highly unlikely that any judge will be tossing that case out. You can spend any amount and subpoena everything right down to the arresting officer's kindergarten school records, but such effort is not likely to result in the case being dismissed.

Other cases almost scream: FIGHT!  Say, when a driver is pulled over for suspicion of DWI, and no breath or blood test is given, there is no actual evidence of intoxication. Taking a plea in such a case is simply selling out the client.

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As a former prosecutor, if I sense that your case seems to have the hallmarks of being sound enough to not get tossed out, which really accounts for most cases, I'll begin the preparation process at our first meeting. I'll introduce you to the alcohol assessment process, and we'll get our first crack at learning how to perform as well as possible on it.  Ideally, we'll make you a very appealing candidate for leniency - to earn you the best possible outcome for your case.



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Hiring a lawyer means paying a lawyer. Pay too little, and you'll get too little. Pay too much, and you've just wasted your hard earned money. A good lawyer, or even a bargain lawyer, will cost more than a new refrigerator or TV set. Most people will spend some time and research such a purchase before handing over their money. It only makes sense to put in at least as much effort in finding the right lawyer to handle your case as it does in buying a new appliance.

In the end, about the best advice a person can follow in this situation is to "spend wisely." Who can argue with that?

Wednesday, December 21, 2011

How to Find a Minnesota Criminal Defense Attorney


There are many different ways that you can go about finding an experienced Minnesota Criminal Defense Attorney.  Obviously, I'd be honored to speak to you about your case but the purpose of this article is designed to give you some insight into the places you might want to look for help.

The Internet is a Huge Resource

It is very hard to hide anything about a professional, such as a lawyer, in the internet these days.  If someone has done poor work there is probably an article, comment, or negative review out there that you can read in making your decision to hire a specific person.  Note, many times competitors will post fake comments in order to try to hurt their competition – use your common sense and judgment and do your research.

There are many sites out there that attempt to objectively rank lawyers against one another.  Sites such as www.avvo.com, www.lawyerratingz.com, are two examples that you might want to look at to get a better picture of your attorney.  It is important to know that on some of these sites lawyers can purchase their position on search results – so again, do your homework on the attorney you are considering hiring.

Ask the Criminal Attorney about His Experience
Experience is a completely subjective matter.  There are attorneys that have practiced law for twenty years, but never had a jury trial.  There are others that have practiced for three years and had over a hundred.  There are attorneys that focus specifically in one area of law, where others are more general.  Each has its advantages – a specialist, or an attorney that devotes their practice to a specific area might be better suited for complex litigation but a more general criminal defense attorney may have the flexibility necessary to completely handle your case.

When talking to the attorney ask them about the other attorneys you’ve spoken to.  An attorney that is confident in their own abilities will probably not speak poorly of another attorney – I know I never would.  As a practical matter I always recommend that my potential clients speak to as many attorneys as possible, because it is important to select a lawyer that you feel comfortable with – it is your life, freedom, and reputation on the line in criminal cases.



How to Get a Hold of Me
I would be honored if you spoke to me about becoming your Criminal Defense Attorney, give me a call at (612) 234-1165 and we can discuss your case today - for free.