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.

Minnesota Criminal Sentencing Options (Explained)

Like with any story, people want to know how it ends.  As an experienced Minnesota Criminal Defense Attorney one questions I get a lot is: What Will My Sentence or Consequences Be?  Listed below are how the majority of cases are resolved in the State of Minnesota.

Case Outcomes

Through a trial or plea bargain negotiations, there are several possible outcomes to any case.  The benefit of a plea bargain is that you know what the sentence will be before admitting to the offense.  The possible outcomes for trial or plea negotiations are as follows:

• Dismissal - all charges dismissed ... pretty easy to understand, right;
• Continued Without Prosecution ("CWOP")  or Continued For Dismissal ("CFD"). Here, your case is set aside and p does not go forward for an agreed upon period of time - usually a year. Then, if certain conditions are met by the end of the time period, the case is dismissed;
• Stay of Adjudication - A plea of guilty is offered to the court, but the court does not accept it. If all conditions are met at the end of the probation period, the case is dismissed --- much like a CWOP or CFD;
• Stay of Imposition - The court does not impose the full sentence but puts you on probation with terms and conditions. At the end of the probation period, if all conditions are met, the conviction may be determined to be a lower level than charged, or (if negotiated) the case is vacated and dismissed --- often a Felony becomes a Misdemeanor;
• Stay of Execution - This is when a sentence is imposed, but some or all terms are not imposed, and the defendant is placed on probation. The execution of the sentence will be stayed ... conditioned upon terms that are up to the court --- this usually involves someone serving jail time on the county lock up as opposed to going to prison;
• Diversion program - Certain crimes or defendants are eligible for a programing that takes the accused out of the court system and puts them into a program designed to rehabilitate the offender. If all conditions are met, the case is dismissed.   
• Execution of the Sentence - This is when the judge imposes the sentence without any stayed condition.

  

Don't be afraid to get answers to your questions, before you spend your hard earned money.  Call or text the Rolloff Law Office - ANYTIME -  to get answers for ask these questions and any others: (612) 234-1165

Minnesota Criminal Defense Attorney (Explained)

One question I get a lot ... from people who have never had to hire a lawyer specifically ...  is: "How can you defend criminals?"

True ... it is probably not a surprise that many (if not most) of the people I work with are "guilty" of the crimes they are accused of.  Or, at least, guilty of something.  Honestly, clients often come to me with little or no hope, wondering what (if anything) can be done.  

One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with.  An experienced  Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.  

In addition, a lawyer is often able to negotiate a favorable settlement, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two, the fees paid will have been well worth it.  Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Lawyer's Role

But what about the role of a lawyer as counselor?  Those accused of crimes are often in need of something more than merely being represented in court.  Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as drug addiction or mental health issues.  Criminals may do bad things, but I firmly believe they are not bad people.  Generally speaking, their biggest problem is what could be described as a “lack of foresight.”  A lawyer can help counsel their client, advising them to address any underlying issues.  This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable.  Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.

There is a balance that must be struck, however.  Those accused of crimes do not need another person to lecture them on their mistakes.  Most already acknowledge that they screwed up somehow, and most are ready to make a change.  It is the lawyer’s role to encourage them and assist them in making the changes they want to make.  One of the very best parts about being a criminal defense attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better.  Rather than focusing too much on the past, I believe it is best to focus on the future.  Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.  

For help with a legal dilemma, please feel free to call The Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Minnesota Criminal Defenses (Explained)

Believe it or not, if you've been charged with an offense, you (or your experienced Minnesota Criminal Defense Attorney) does not have to prove you're innocent --- but you do need a good defense.  See, to convict a criminal defendant, the government must prove him guilty beyond a reasonable doubt. As part of this process, the defendant is given an opportunity to present a defense. There are many types of defenses, here are some of the most common ones.

Didn't Do It

This is the most common defense and often involves the claim that the accused did not commit the act in question.

Reasonable Doubt

The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is in fact reasonable doubt.

Alibi

An alibi defense consists of evidence that a defendant was somewhere other than the scene of the crime at the time it was committed. For example, assume that Freddie is accused of committing a burglary on Elm Street at midnight on Friday, September 13. Freddie's alibi defense might consist of testimony that at the time of the burglary, Freddie was watching Casablanca at the Maple Street Cinema.

Self-Defense

Self-defense is a defense commonly asserted by someone charged with a crime like assault.  Here, the defendant admits that he did in fact commit the crime, but claims that it was justified by the other person's threatening actions. The core issues in most self-defense cases are:

• Who was the aggressor?
• Was the defendant's belief that self-defense was necessary a reasonable one?
• If so, was the force used by the defendant also reasonable?

Self-defense is rooted in the belief that people should be allowed to protect themselves from physical harm. This means that a person does not have to wait until he or she is actually struck to act in self-defense. If a reasonable person in the same circumstances would think that he or she is about to be physically attacked, that person has the right to strike first and prevent the attack. However, an act of self-defense cannot use more force than is reasonable -- someone who uses too much force may be guilty of a crime.

The best defense is a good offense.  If you're looking for help with a criminal case --- call the Rolloff Law Office and set up a FREE consultation.  There is more to every offense than whether someone did or didn't do something.  Learn your options.  Call: (612) 234-1165.

Ask a Minnesota Criminal DWI Attorney

As an experienced Minnesota Criminal Defense Attorney, I get questions; lots and lots of questions.  Here are just a few I've received recently - on the topic of Drunk Driving.  Hopefully some of the suggestions listed here will assist you in understanding what the heck is going on the next time you have contact with the cops.

What should I say if I'm stopped by a police officer and he asks me if I've been drinking?
Believe it or not, you are not required to answer potentially incriminating questions.  Politely asserting that you'd like to speak with a lawyer before answering any questions (save for those about who you are) is all you have to say.

What are Field Sobriety Tests and do I have to take them?
Someone who is being investigated, by an officer, as a possible drunk driver - does not have to submit to any Field Sobriety Tests.  Generally speaking, taking these roadside tests (ie., the Walk and Turn, the One-Leg Stand and the Horizontal Gaze Nystagmus) often does more harm than good to your case because the officer isn't looking for reasons to let you go.  Rather he is most likely looking for things that confirm his suspicions. That being said, if you refuse to take these tests you will most likely be arrested.

Do I have a right to an attorney before deciding whether to take a blood, breath or urine test?
You have an absolute right to speak with an attorney before submitting to any chemical testing - so long as your request to do so does not unreasonably delay the testing process.

Which test should I take - blood, breath or urine?
If a breath test is offered - you must take it. However, if blood or urine tests are proposed then a choice of tests must be made available.


Why was I charged with two DWIs?  
Minnesota has five different offenses that fall within the generic term drunk driving: (i.) Driving while under the influence of alcohol; (ii.) Driving under the influence of alcohol with a test result of .08 or more; (iii.) Driving under the influence of alcohol with a test result of .20 or more; (iv.) Driving while under the influence of controlled dangerous substances; and (v.) Test refusal.  More often then not, when someone is arrested for DWI, they are almost always automatically charge under the simple "under the influence"count - along with the appropriate charge dealing with the amount of alcohol in his or her system.

What is the punishment for drunk driving?
More often than not, if your found guilty of a first-time DWI offense you will probably be assessed a fine, your driver's license will be revoked, be required to attend an alcohol awareness class, and you will be placed on probation. A short jail sentence may or may not be required - usually that is in cases of a second or third-time offense. Other consequences might include, community work service, a chemical dependency evaluation, attending AA meetings, and a MADD victim impact panel presentation.

What should I do?
If you're looking for an experienced Minnesota Criminal Defense Attorney who will represent your best interests throughout the process, call the Rolloff Law Office today to set up a free, no obligation, consultation, by dialing (612) 234-1165.

One Minnesota DWI = Two Charges?

An all too common question I get as a Minnesota DWI Attorney is: "I was arrested for Drunk Driving, but I'm charged with breaking two different laws; why?"

In the State of Minnesota, when someone is arrested and charged with a DWI - the accusation is that that individual failed to operate his or her vehicle in the same, careful manner that a sober person would - under the same circumstances. 

In addition to that, bowing to pressure from the federal government - related to the dolling out of highway monies - states like Minnesota adopted per se Drunk Driving laws. These laws established a "legal limit" - as it regards the amount of alcohol you can legally have in your blood - before your driving becomes illegal.  In Minnesota, the limit was once (.10) --- now it is (.08). 

Therefore, if someone is found to have been operating and/or in physical control of a motor vehicle at a time in which the alcohol in his/her system was (.08) or higher - as established by a test of their blood, breath, or urine - they can be charged with a DWI.  Even if the person doesn't exhibit any of the typical signs of Drunk Driving, and is able to drive just fine, they can be charged with a DWI based only on their body's chemistry.

Generally, the government will usually charge both crimes: the traditional DWI (see Minn Stat § 169A.20,  subd. 1) where they accuse someone of being unable to drive with the same caution as a sober individual and the per se violation (see Minn Stat § 169A.20 subd. 5) for being above the legal limit.

In the end, a conviction on one charge is the same as a conviction on the other. Essentially, it's just two ways of charging the same crime and it just gives the government two bites at the same apple.

The good news (if you can call it that) is if someone is convicted of both Drunk Driving and being above the legal limit, they are only punished once.

If you have been arrested for Drunk Driving, your next best move is to contact an experienced Minnesota DWI Attorney for a free consultation to learn your rights.

Shoplifting - Explained

Retail theft, or as it is commonly called Shoplifting, is a serious criminal charge. Although the penalties may vary, based on the value of the item allegedly taken, the long term consequences (beyond the sentence imposed by the court) can be detrimental to you, to your family and to your future.

Should You Hire an Attorney?

This is a question I get more times than I can count. Let me put it to you this way - if you even think that you might need an attorney - you need an attorney.

Sure, on its face, a Shoplifting charge may seem like a small matter.  However, there is more to it that meets the eye; because, although you may just get a slap on the wrist from the judge - know this --- any conviction for Theft can remain on your criminal record - forever.

What this means is that "small matter" isn't really so small - right?  Envision looking for a job, applying for a scholarship, renting an apartment or any other situation someone might do a simple background check on you - does it seem so "small" now?  And heaven forbid, you should face a similar-type accusation in the future.  Seriously, if that does turn out to be the case, not only is your creditability brought into question - because who is going to listen to a person with a prior Theft conviction - you could also be risking some serious jail time.

So, back to the question of whether you should have an experienced Minnesota Criminal Defense Attorney on your side, fighting for you if you're charged with Shoplifting?  The answer is simple - right?

Can a Shoplifting Charge Be Beat?

As a former prosecutor, I've seen these cases from the inside.  I appreciate how hard it is for the government to prove that an individual is guilty, beyond a reasonable doubt. And, those circumstances can be exploited - to your advantage.

Although the specifics of a good defense depend on the facts of your case, generally speaking, there are any number of different defense strategies one can employ against these charges. For example, a motion can be brought to have the case dismissed for a lack of evidence or to have certain evidence dismissed because your constitutional rights were violated.  Also, a thorough examination can be done of the evidence gathered against you, and the individuals making those who collected that evidence and/or made accusations asserting that you in fact stole. 

On the odd chance that the facts aren't necessarily on our side, the challenge does not end there.  I have negotiated many settlement agreements and I've been successful in getting the charges and/or the fines reduced. 

An attorney can look out for your best interests, he can argue for leniency and he can make sure that a minor mistake doesn't have to follow you around for the rest of your life.

What Should You do?

As with any case, an experienced Minnesota Criminal Defense Attorney is your best ally.  He or she can fight to preserve your right and your future.  He can pour through the government's evidence and help develop the best defense strategy possible.  He can also be you voice when working out a deal with the government - if it comes to that.