Free Answers to Your Legal Questions

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

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

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

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

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

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

Q: What can a lawyer do for me?

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

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

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

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

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

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

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

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

Minnesota Criminal Defense FAQS

As an experienced Minnesota Criminal Defense Attorney, I gets questions - lots and lots of questions.  To save you some time - and money - here are some answers to those most frequently asked.

What type of crime have I been charged with?

There are four different levels of offenses in the State of Minnesota: Petty Misdemeanors, Misdemeanors, Gross Misdemeanors, and Felonys. These are best identified by the possible sentence you could receive if you were convicted of one of these offense.

• A Petty Misdemeanor is a non-criminal offense punishable only by a maximum $300 fine.
• A Misdemeanor is punishable by up to 90 days in jail, and/or a $1000 fine.
• A Gross Misdemeanor is punishable by up to one year in jail and/or a $3000 fine.
• A Felony is punishable by over one year in prison and/or more than a $3000 fine.

I have been charged with a crime. What are my rights?

Your number one right is to have an attorney represent you.

Short of offering your name and date of birth, you do not (let me repeat that: DO NOT) have to talk to the police about the crime you have been charged with. If you choose to talk to police you have a right to have an attorney with you when you do so. An experienced Minnesota Criminal Defense Attorney can assist you in making that decision.

What will happen if I am convicted?

If you are convicted of a crime the court will impose a sentence that may include any of the following:

• Jail or prison time
• Fines
• Community Service
• Electronic Home Monitoring
• Probation conditions, such as:
  o No-contact orders
  o Programming and/or Education requirements (such as: Anger Management, DWI Education, MADD Victim Impact Panel Attendance, etc.)
  o Abstinence from chemical use (alcohol and drugs)

In addition to jail time and fines, there are other possible consequences (collateral consequences) if you plead guilty or are found guilty at a trial.

• Traffic offenses and DWI offenses may result in your driver’s license being suspended or revoked.
• If you are convicted of a felony, you will not be allowed to possess a firearm under state and federal law.
• Conviction of certain offenses can require you to register with the State as a predatory offender.
• Conviction of certain offenses may result in suspension or revocation of certain professional licenses.

What can a criminal defense attorney do for me?

Not ot put too fine a point on it but the legal system is complicated and confusing. An experienced Minnesota Criminal Defense Attorney, such myself:

• Represent you while your case is being investigated and try to prevent criminal charges
• Challenge evidence against you and make sure illegally obtained evidence or inadmissible evidence is not used at your trial
• Determine whether you have any legal defenses to the crime you have been charged with that could result in the charges being dismissed or an acquittal at trial.
• Negotiate with the prosecutor to get you the best outcome possible if you decide to plead guilty to the charges.

If you even think you might need a lawyer - feel free to call the Rolloff Law Office and set up a free consultation.  Call today: (612) 234-116

 

Do You REALLY Need an Attorney? (Explained)

Ask yourself this --- what do you do if you have been arrested for a crime? If you are like most people, you will probably panic.

At a minimum, what you should do, is contact a Minnesota Criminal Defense Lawyer as soon as possible. Regardless of the circumstances surrounding your case, regardless of whether the whole situation is a big misunderstanding, regardless of if you have never been arrested before, the next best move you need to make (to avoid any more problems) is to speak to someone who knows what's really going on.

Or - just think of it this way - keep your head up, keep your mouth shut and call a lawyer ASAP.

What Are You Up Against?

In my career I've been party to every type of case - from almost every angle.  I started out as a clerk to a judge, then I moved into the county attorney's office - and now (talking all I've learned) I represent defendant's in criminal court.

What this means for you is that you are getting an experienced, committed and aggressive trial lawyer that is not afraid to go above and beyond the boundaries to get you the best outcome possible. I represent clients facing all criminal offenses including:

• Criminal sexual conduct, prostitution and other sex crimes;
• Manslaughter, murder, assault and other violent crimes;
• DWI and other traffic violations;
• Probation hearings and orders for protection;
• Drug crimes including trafficking and possession;
• Repeat offenders and juvenile offenders;
• Obstruction of justice; and
• Fraud, false information, forgery and theft crimes. 

All of these criminal accusations come with serious consequences if you're found guilty. In some instances you could be faced with a lifetime in prison and a fine as hefty as $1,000,000. In other cases you may only lose your license and receive a black mark on your record. However, in the best case scenario, you will be able to walk away with a clean record and a clear name. This is what we strive for when you work with the Rolloff Law Office.

 

 

Why and How a Lawyer Helps

One of the biggest things that will impact your case is the evidence gathered by the government.  Fingerprints, DNA, lab results, blood tests and urine samples can all be used against you. However, the thing about this kind of evidence is that there are often a lot of complications. Lab results are not just black and white – there are many gray areas in there that can be used to your advantage. While a proven DNA match may seem like an open and shut case, there could be problems with the retrieval of the sample, with the actual match and with the testing procedure. This is only one of the many examples of how, with in depth research and experience, all cases can be argued.

Hmm... 

Minnesota Criminal Defense Attorneys are a dime a dozen. So how do you know which is the right for your case? Call around, meet with a couple - and then trust your GUT go with the guy who you can trust to earn you the results that you want. Call the Rolloff Law Office today at (612) 234-1165 for a free consultation anytime, anywhere.

Minnesota DWIs - Clean Your Record (Explained)

As a Minnesota Criminal Defense Attorney, I'm often asked by individuals charged with Drunk Driving how long a conviction will stay on their record, or if the can come back at some future date and have the charged Expunged.

The bad news is that in the State of Minnesota a DWI will stay on a person's record forever, and it can NEVER be erased.

Why?

A Minnesota DWI is both a Criminal and Traffic Offense. As such, a conviction for a Drunk Driving goes on both a person's Driving and Criminal Records. Beyond that, a DWI is what's called an enhanceable offense - meaning that prior convictions can be used to elevate/increase the penalties (and designation of) future offenses of a same or similar nature.

Under Minnesota Law, as revised a few years ago, a combination of three prior alcohol-related driving offenses within the previous 10 years can result in a Felony for a fourth such offense (in that same time span.)

The rationale, I presume is that if a DWI is  expunged, a person could avoid being charged with subsequent felonies - avoiding the sorts of Free Passes for DWI's that no politician is ever likely to back.

What Should You Do?

The best way to keep a DWI off of your record (short of not being charged with one in the first place) is to have someone on your side - if you're in fact charged - to ensure that it is fought so that your future is preserved. 

I've defended individuals charged with DWIs - and I've earned them outcomes that preserved their otherwise clean records.  Call the Rolloff Law Office today to ensure that you have someone working for you to hold the government accountable - (612) 619-0262.

Minnesota DWI Myths - Part 1 (Explained)

There are a lot of "my friend said that..." stories about DWIs out there.  Like noses, almost everyone has one --- some are big, some are small ... and some just smell.  Here are a couple of those stories and the truth you need to know - straight from the mouth of an experienced Minnesota DWI Attorney.

1. I have to be driving in order to be convicted of a DWI.

Wrong! Of all the things that are required to find someone guilty of a DWI driving is not one of them.  All that's required is something called "physical control” - while having a too much alcohol in your system at the time of said control. That means that if you get behind the wheel of a vehicle, and decide that you have had too much to drink, your decision to “sleep it off” right there may lead to a conviction of the offense anyway, just as if you had decided to take a chance and drive home. It is immaterial that you felt as if you were doing the prudent thing.

TIP: If you have to sleep it off in your vehicle, it is better if you sleep in the back seat, or the passenger seat, and do not put the key in the ignition. This is not really recommended, however, as prosecutors may still argue that you had the ability to start the vehicle and drive away. Call a cab whenever you are unsafe to drive.

2. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Nope.... Now, you do have a constitutional right to speak with an attorney - but that does not kick in until you're arrested.  Therefore, on the side of the road - you're kinda sorta on your own.  That being said, short of telling the officer who you are you are under no additional obligation to answer his questions and/or do ANYTHING he requests you to do (like the field sobriety tests.)  Once you get back to the station - then you'll get your chance to talk with an attorney.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with controlled substances (prescribed or not,) you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

3. I have to be intoxicated, or “under the influence” in order to be convicted of Driving Under the Influence.

Your driving patterns, your ability or inability to safely operate your vehicle, and indeed, your intoxication, or lack of intoxication, are often not the most relevant things at issue when it comes to being convicted of a Minnesota DWI.  Sure, some drivers are convicted of Drunk Driving because of their poor driving conduct - however, the overwhelming majority are not what most would normally call “intoxicated.” In fact, most drivers are convicted not because they are operating a vehicle while they are intoxicated, but rather because the evidentiary test of their blood, breath or urine indicates a Blood Alcohol Concentration (BAC) above the legal limit of (.08).

What Should You Do?
 
The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto.  Or, if you have a headache - to self-diagnoses and pop a couple of Advil.  However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert.  I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path.  Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential. 

Call the Rolloff Law Office today to set up your free consultation.

Minnesota DWIs - A Racket?

Many (including myself) I believe are under the mistaken belief that Minnesota's DWI laws are “Drunk Driving” laws - which make it illegal for intoxicated drivers to operate vehicles.  Well, as a former prosecutor and (now) a Minnesota DWI Attorney, I can confidently assert that nothing could be further from the truth.

Initially, before "science" got involved, most DWI arrests were based on subjective opinions of a trained law enforcement officer.  The, many years ago, the American Medical Association (AMA) was asked to supply a Blood Alcohol Concentration (BAC) value that would be consistent with impaired driving. The value that the AMA came up with was 0.15 grams of alcohol per 100 milliliters of blood.

Over time, that number was reduced - due to lobbying from victims’ rights groups, like Mothers Against Drunk Driving (MADD), and also due to a very negative public perception of drunk drivers - from (.10) to the current accepted standard of (.08).

One would think that as a result of these changes we're all a little safer - and sure when the value was decreased from (.15) down to (.10) the decrease in highway deaths and injuries was significant.  However, the most recent reduction in the number - (.10) to (.08) did not return such a result.

This begs the question: Why?

As an experienced Minnesota DWI Attorney, I believe that we have reached a point of diminishing returns because the current BAC number - (.08) - does not correspond to a consistently measurable level of impairment. Honestly, who can't argue that sure maybe some people are impaired at (08) but many more are not. But, the law makes no distinction between the impaired driver and the driver who is merely “over the limit.” In other words, it makes no difference if you are drunk or not if your breath, blood or urine test reveals a BAC greater than (.08).

What You Should Know

1. It is LEGAL in the State of Minnesota to drive, operate or control a motor vehicle after drinking alcohol. What's ILLEGAL is doing that if you are under the influence of alcohol, or if your BAC level is over (.08);
2. Your sobriety is rarely being evaluated by officers who make arrests. Rather, what the officer is really trying to do is confirm his suspicion that you're in fact drunk by having you perform those silly Field Sobriety Tests - which do not themselves indicate intoxication but rather tend to predict an elevated BAC level.  As such, I suggest that you NEVER do them.  (It is rare that someone can prove that he is innocent - and often performing these tests does much more harm than good;) 
3. Even if you are physically able to safely operate a motor vehicle with a (.08) BAC - the government says you're driving illegally if you do so;
4. You are able to testify to what you think your BAC was at the time of operating a motor vehicle; and
5. A complete lack of impairment (ie. "passing" the Field Sobriety Tests) is never a defense to a (.08) or Over DWI charge.

What Should You Do?

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to your arrest are filed in a timely manner - and fought against in court. If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.

Just Because You Were Arrested Does Not Mean That You're Guilty

If I take another call this week from someone who tells me they were arrested for Drunk Driving, they think they need a lawyer - but they maybe they should "just plead guilty and get it over with" - I think I am going to lose it.

Don't get me wrong, the choice to roll over or "to fight" is all in the hands of the accused. But, to do so without fully exploring your options is just insane.  Now that doesn't mean you need to throw good money after a bad result, but you should seriously consider sitting down with an experienced Minnesota DWI Attorney and learning your options - the good, the bad and the ugly.  Just because you've been arrested does not mean that you will always be found guilty.  Know your rights before you give up the fight.

One thing too many people assume is that if you "fight" it is only going to get worse.  Well, in my experience that is just not true.  Rarely does any case get work because someone maintains his or her innocence.  Rather, things all to often either stay the same - or (believe it or not) actually get better.

What Should You Do?

Pleas and plea negotiations are a big part of my practice.  But, like with anything - there is a time and a place for those things and going into a case expecting to immediately plead to the first available offer is the number one way to end up being punished far more harshly than the law typically allows.

Some of these calls are a direct result of the government's lawyers gone wild.  As a former prosecutor, I should know.  All to often, a prosecutor is more than willing at the onset to push every case as far as he can, without regard to any individual's circumstances or any facts that could lead to a reduced charge or sentence.  It's only as your case gets little more ripe - as it ages - that those things that only looked like minor flaws at the onset become major gaps as your trial approaches.

My clients are continually surprised at the number of good defenses that can be raised to take on a poor charge - be it for Drunk Driving, Assault, Theft - you name it.  Therefore, before you give in and plead to a charge, it is always a good idea to talk to an experienced Minnesota Criminal Defense Attorney. In most cases, the only way to take on an our of control prosecutor is to have an aggressive defense attorney on your side - on who has the inside scoop on the government's motivations and schemes.

If you want to talk to a former prosecutor, for free, about your case --- call the Rolloff Law Office today.

Minnesota Cash Bail & Bond (Explained)

Maybe it is a good thing you don't have the day-to-day familiarity I have with what goes on inside a courtroom - that is until you need to know to protect yourself or someone you love.  Here is a little lesson on Minnesota Bail and Bonds.  To know more, contact and experienced Minnesota Criminal Defense Attorney.

What is Bail?

Generally speaking, bail is an amount of money paid to the court by a person charged with a crime to insure that he will comply with certain conditions of release - like  returning to court as ordered.  Essentially the idea is that if someone has some "skin in the game" and/or money at stake - that that person will do what the court tells him to do - or run the risk losing that money.

How Much Bail Will I Have to Pay?  

Bail amounts are based on two things: (i.) the likelihood that the offender will show up for any/all future court hearings; and (ii.) matters related to public safety.  If the person arrested is from out of state (or some distance from where the alleged crime took place,) has a history of failing to appear for court hearings in the past, and/or has no permanent address, the court will strongly examine  whether that individual will return for their next hearing - and bail will be set accordingly. If the crime is serious one (ie., crimes of violence and/or large drug crimes) or the person arrested has a pattern of criminal conduct, then the court will often find that there are public safety concerns and set a substantial bail.

The System is Fair, Right?
In theory, what've I've described here sounds fair, no? The problem for the accused is that most bail hearings are conducted with only the government's lawyer and judge there and high bail is often the result.  And, once that big number is out there, it’s hard to change.  Although I have seen bail amounts reduced at subsequent hearings - it's not that easy.  Getting the amount of bail reduced is an uphill battle. If it is at all possible, if you or a friend has been arrested, call an experienced Minnesota Criminal Defense Attorney before the bail hearing.

What’s the Difference between Cash Bail and a Bond?

Once bail has been set, it can be posted in one of two ways: by paying the full amount in cash or by buying a "bail" bond. When cash is posted, that amount is returned to the person charged after the case is done. When a bond is purchased, the person charged buys a bond (for usually about 10% of the bail amount) from a licensed bail bond agent and the amount paid for that bond is not returned.  The purchasing of a bond creates a legal contract between the bond company and the court saying, if the offender does not comply with their conditions of release (like coming back to court) then the bond company has to pay the court the entire bond amount.

What Should You Do?

If you or someone you care about has been arrested or criminally charged, don’t go to court and “test the waters” to see what may or may not happen.  This is not one of those things you want to take lightly. Call the Rolloff Law Office before your first court appearance to ensure that your rights are protected.

Minnesota DWI Charges with a Test Below (.08)?

In Minnesota, we're told that the legal drinking limit is (.08). What that means is that if the alcohol content of your blood (your "BAC") is determined to be (.08) or higher, you are legally considered intoxicated and can be charged with Drunk Driving.

That being said, did you know that you can also be charged with a Minnesota DWI even though your BAC is found to be less than (.08)?

In a case where an individual's BAC is measured to be less than (.08), the government cannot offer the blood test to prove that the offender was driving drunk. Rather, what they will rely on (for charging - and at trial) are the observations made by the officer that made the arrest.

What he'll have to explain is how and why an individual's driving conduct and/or actions and appearance at the time of the stop lead the officer to conclude that the driver was under the influence of even a minimal amount of alcohol. Often this is done by offering evidence of any failed Field Sobriety Tests.

Granted, in many of these cases, a plea bargain is often available - but if you want to fight the charge - knows this: These matters are very defensible.

What Should You Do?

In order to navigate the often confusing legal system, your first best call should be to an experienced Minnesota DWI attorney.  If you want to take full advantage of the one shot you'll have to right this wrong - contact the Rolloff Law Office today for the comprehensive legal services that you'll need to ensure the best possible resolution of your DWI case.

Call today - (612) 234-1165 for a free, no obligation consultation.

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.

Minnesota DWIs and Forfeiture (Explained)

Under certain Minnesota laws, specifically those concerning Drunk Driving and DWIs,  the vehicle being driven by certain offenders may be subject to forfeiture and sale. Typically this occurs when someone has been arrested for his or her third DWI within a ten-year period.  This same result can also occur on a person's 1st or 2nd such arrest - if certain factors are present.

This is a quite complicated area of DWI law and as such you should consult with an experienced Minnesota Criminal Defense Attorney to ensure that your rights (and vehicle) are protected.

Generally speaking, vehicles operated by a drunk driver are subject to forfeiture in Minnesota if:

(i.) The vehicle was used in the commission of a designated offense and the driver was convicted of that offense or failed to appear at trial; or
(ii.) The driver had an alcohol concentration of .20 or more; or
(iii.) The vehicle was used in conduct resulting in license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner or the revocation is sustained upon review.

The forfeiture only applies to the vehicle being driven - a second, third, fourth, etc. car or truck owned by the same individual, but not driven while intoxicated, are not subject to forfeiture.  Additionally, certain vehicle owners are protected if they unknowingly allow a drunk driver to use their vehicle.

What Happens to the Vehicle?

After the forfeiture process is compete, law enforcement may keep the vehicle for its own, official use.  They might also seek to sell it at acution.

What Should You Do?

If you have been charged with drunk driving in Minnesota and your vehicle may be subject to forfeiture, contact the Rolloff Law Office for information about your legal rights and recovery of your property.  Call today - (612) 234-1165 for a free, no obligation, consultation.

Minnesota Speeding Tickets - 100 MPH or More (Explained)

As we're all too well aware - there's winter and then there's a Minnesota winter. Well, in Minnesota there's Speeding - and then there's Speeding (in excess of 100 m.p.h.) 

During the month of July, law enforcement in the State of Minnesota issued over 70 tickets to drivers traveling at speeds greater than 90 m.p.h.  Believe it or not, twenty-one of those individuals topped the triple-digit mark - 100 m.p.h.

Tickets (Explained)

The average cost of a speeding ticket in Minnesota is about $120 (including all fees and surcharges) for those clocked going about 10 miles an hour over the limit. Motorists stopped at 20 m.p.h. over the limit face about double the fine. But, when clocked at speeds that start approaching triple digits --- the penalties handed out by judges can include fines of up to $1,000 and a 90 day jail sentence.  In addition to that, those driver's ticketed traveling more than 100 m.p.h. can lose their driver's licenses for six months.  See Minn.Stat § 169.14 (link)

What Should You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer. 
I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call today to schedule a free, no-obligation consultation, today.

Minnesota Expungements (Explained)

Minnesota law does allow for certain criminal records to be sealed. The process for doing that is called Expungement. When a record is sealed - it does not show up in a criminal records search performed at the courthouse.

What's a Criminal Record?

In Minnesota a criminal record is essentially all of the files and records (of any crime) that the state has filed against you. Each jurisdiction - be it a city, a county, a law enforcement agency, a prosecutor's office and/or a courthouse keeps its copy of said records. Additionally, the Minnesota Bureau of Criminal Apprehension also has its own cache of criminal convictions. 

Who Can Access Criminal Records?

Generally speaking, the information from your criminal record is public information - meaning that anyone can have access to it, including potential employers. As such, any person can search the district court criminal records at any county courthouse. Another place that the public, including employers, can access criminal records is at the Minnesota Bureau of Criminal Apprehension - where law enforcement agencies throughout the state have reported to them information that then becomes part of a statewide computerized record of criminal cases.

What Kinds of Criminal Records Can Be Expunged?

Some offenses, such as murder, certain sex offenses and Drunk Driving convictions cannot be expunged. However, most other offenses may be - if you or your experienced Minnesota Criminal Defense Attorney can convince the judge that the benefits of an Expungement to you outweigh the disadvantages to the public.

What Happens With Offenses That Did Not Lead To Convictions?

Granted, the most difficult types of records to Expunge are convictions; however, the task is not impossible.  That being said, even if a charge is dismissed and/or an offender has been found "not guilty," he still may have have a criminal record. That being said, these can often be the easiest types of records to Expunge. In addition, offenses to which someone a guilty plea and then successfully completed a diversion program -one's chances at Expungement are more likely.

If I File an Expungement - Will I Automatically Prevail?

As with anything in the law, an Expungement is never guaranteed. First, you need to properly file the paperwork, serving it upon all of the relevant parties, and then you have to argue convincingly to a judge how his granting you this remedy is of such a benefit to you that it outweighs the disadvantage to the public from not being able to have access to your record.  I often will argue that Expungement is proper because someone has either: (a.) been denied work, housing, or a professional license because of his/her record; (b.) that sealing the criminal record will not negatively impact public safety; and/or (iii.) that the individual has rehabilitated him/herself.

If Expungment is Granted - What Happens Next?

Generally speaking, the court has a limited amount of time to grant your request. If the judge does do this, your record will be sealed the public. If the Expunged crime was the only crime on your record, you will not have anything that the public can see. The one limitation is that, as the law stands today, the court can only seal those records under its immediate control; therefore, other records, such as those held by another agency may not be so guarded.

What Should You Do?

For a long time now, Minnesota law has recognized that people who have made a few, isolated mistakes or those who have been mistakenly arrested should have the opportunity to clean their records. If you feel as though what you've read here applies to you, contact an experienced Minnesota Expungement Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your past doesn't continue to hinder your future.

What Does a Minnesota DWI Lawyer Do? (Video Evidence)

The criminal justice system is not a machine that works with the precision of a Swiss watch.  Rather, it is populated with human beings - and as such mistakes and errors in judgment abound. Not only is this true of judges and prosecutors, but where this really should matter to someone charged with a crime is when it comes to members of law enforcement.

Given the nature of a police officer's job - coupled with the power and the authority their afforded - it goes without saying that a Minnesota Criminal Defense Attorney's most important job is to ensure that any shortcomings in a cop's performance of his job does not result in the unfair prosecution of his client.

Cops and Drunk Driving

During a DWI arrest, law enforcement is required to follow a long and comprehensive list of guidelines.  These start with the initial stop of your vehicle and continue through to what's done back at the stations - and beyond.  When it comes to defending an individual charged with Drunk Driving, I would argue that it is especially important - because unlike most offenses - this charge can be made simply on the opinion of the officer himself.

What Does That Mean To You

Probably the most important technological advance, in the defending of individuals charged with DWI, has been the use of squad cars equipped with cameras that capture the situation and (hopefully) prevent abuse.

Video and audio recordings provide a perfect check on the tool generally employed by officers in the past - their police reports.  Having both sets of evidence, an experienced Minnesota DWI Defense Attorney can better review the assertions made by officers and note their truthfulness.

It all to often happens that there are differences in the words and descriptions used by the cops when they write out their reports and the preliminary notes - and - the video and audio tapes later put into evidence. In my time as a prosecutor and Minnesota Criminal Defense Attorney, I've often noted exaggerations, contradictory statements, a "bending" of the truth and/or even outright lies.

In any case where these things exist, serious questions can be raised before a judge as to the fairness and validity of an arrest and/or the ultimate charges levied against an individual.

The Little Problems

More often than not - it is not the big things listed-above that stand out when I view the video tapes and/or listening to the audio recordings. Rather, where the fight is rally engaged is in pointing out the procedural lapses and errors in judgment that officers commit.  As an experienced Minnesota DWI Defense attorney, I've examined hundreds of these recordings and found numerous mistakes, including: a lack of probable cause to stopping the arestee's vehicle, a failure to follow proper procedure when asking a driver to carry out field sobriety tests, not providing the required warnings, advice or options related to any requests for tests to determine an individual's blood alcohol content, failing to read a suspect his Miranda rights and/or allowing the him to contact an attorney before requesting a test; and in one case endangering an individual's life by conducting an investigation under dangerous circumstances along a busy highway.

What Should You Do?

Know this, the visual and audio recordings that may win you a favorable result also capture your actions and reactions too. Therefore, this is why you should calmly and reasonably cooperate with law enforcement if you are pulled over and questioned. 

If you or someone you love has been charged with a DWI, do no hesitate to contact the Rolloff Law Office as the soonest possible time. The sooner that I can get hmy hands on the video recordings of your arrest, the better your chances in determining if your rights have been respected throughout the process.

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.

Pleading "Guilty" the Right Way

I understand that the optimal result for anyone charged with a crime is to see it dismissed or in the alternative to have a judge or jury find them not guilty.  However, there are those times - whether it's that the State's case is a strong one or a client just wishes to not have a trial  and to be done with the whole affair - that I am tasked with answering one of the most difficult questions a defense attorney has to hear: "If I (have to) plead guilty - is there anything that can be done to lessen how that will look on my record?"

How Do I Plead Guilty?

As a former prosecutor and as an experienced Minnesota Criminal Defense Attorney, I know that proper representation can have a huge impact on limiting the impact that a "guilty" plea will have on an individual's record.  Believe it or not, there are a number of alternative dispositions (short of a plea of a straight-up "guilty" plea) that are used to conclude cases everyday in courts throughout the state.  Some of these options include:

I.   Certification of an Offense as a Petty Misdemeanor

The answer to the question: when is a crime not a crime - is when that crime/offense is charged as and/or reduced to a Petty Misdemeanor. According to statute,  petty offenses do not constitute crimes.  Therefore, if say the Misdemeanor you were initially charged with is later reduced to a Petty Misdemeanor - at any date in the future if you are ever asked if you have been convicted of a criminal offense - as it concerns that offense - you can truthfully answer "no."

II.   Stay of Adjudication

Under a stay of adjudication, an individual admits to facts in court that would support a conviction; however, instead of accepting the plea, a judge (after an agrrement has been reached with the government) withholds a finding of guilt, for a period of time, usually on the condition that that individual do (or do not do) certain things.  If you sufficiently comply with those conditions, the matter will ultimately be dismissed and the plea will be vacated.

III.   Continuance for Dismissal (and/or Without a Plea)

This outcome is similar in form to a Stay of Adjudication - insofar as the ultimate result could end up being a dismissal; however, instead of setting forth facts that would support a conviction, the government usually agrees to end its prosecution after a certain period of time - provided that the offender pays some prosecution/court costs and/or is not charged with any same or similar type offenses before that time period expires.

IV.   Stay of Imposition:

For more serious offenses, like Felonies, an individual may plead guilty (or even be found to be guilty;) however, instead of sentencing him/her on said Felony - judges can stay imposition of the sentence for a period of time on certain terms and conditions. If the individual complies with those terms, their Felony "conviction" could ultimately be reduced to/designated a Misdemeanor.  As such, all the collateral consequences that go along with a Felony conviction should not be a factor in your life going forward.

V.   Diversionary Programs

Certain cities and counties have programs in place that allow individuals to avoid a conviction if they agree to participate and comply with the terms of these classes. An example would be if someone successfully completed traffic school - a moving violation would be dismissed.

What Should You Do?

At the end of the day, as with almost anything involving the government, there are no guarantees that you'll be afforded any of these opportunities. However, retaining an experienced Minnesota Criminal Defense Attorney may afford you a better chance to negotiate such an arrangement - on almost any type of charge.

If you want more information about your rights and to discuss how an attorney might be able to negotiate a result for you that works, contact The Rolloff Law Office today to schedule a free, no obligation consultation.

Minnesota Probation Violations (Explained)

Probation violations are particularly serious situations - and could lead to greater consequences than the initial sentencing imposed by the court. Really?

How Does This Work?

Generally speaking, after you've been sentenced by a judge, you can be summoned  back into court (or arrested for as much) to answer an allegation that you've violated a term of that sentence. The initial inquiry will then be whether you admit or deny the allegation.  In such cases, especially if you are unaware of the consequences the government would be seeking if you admitted and/or are found to have violated your probation, you should probably enter a denial and evoke your right to a hearing and (if you haven't already done so) contact a Minnesota Criminal Defense Attorney to assist you in your defense. 

As with my earlier admonition that just because you've been charged with or cited for an offense it does not automatically mean that you will automatically be found guilty of it - the same goes for an allegation that you've violated your probation. 

The Hearing

If you deny the allegation you will be afforded a hearing to put forth your case (and/or possibly negotiate a favorable outcome with the government.)  Unlike with the initial inquiry, which was most interested in whether you actually committed the underlying crime for which your were sentenced, the only relevant issue at a Probation Violation Hearing is whether or not you violated a general or special condition imposed by the judge at the original sentencing. As such, the government is only tasked with presenting evidence that you violated the terms of your probation - by doing (or not doing) something you were ordered to.  

If you are found to have violated the terms of your probation - the worst case outcome is that the judge could seek to revoke your probation and cause you to serve any unexecuted portion of the sentence originally imposed. However, the judge also has the discretion to stay the revocation of your probation -but in turn he will likely order you to comply with some new conditions and suffer some new consequences.

What Should You Do

The consequences you could be facing - when it comes to a probation violation - can be quite steep. As an example, let's say you plead guilty to a Drunk Driving and received a sentence of a year in jail; however, instead of that full year, the judge only imposed a small amount of that time (say 30 days) staying and/or suspending the other 335 days on certain terms and conditions. Then, it is alleged that you failed to fully comply with those terms. If that is ultimately found to be true - by the judge, you could be (worst case scenario) ordered to serve the 335 days originally held over your head. 

For these reasons it is absolutely imperative that if you are charged with violating probation that you have an experienced and knowledgeable Minnesota Probation Violation Attorney on their side - to work with the government to ensure that that worst case scenario does not come into being.  Often, something can be worked out to preserve your original deal and/or lessen the ultimate consequence you might face if the violation is proven.  Therefore, if you're being summoned into court to answer for such a violation - talk to a pro who can make the right case for you.

Minnesota DWI Arrest - Now What?

If you've been arrested for Drunk Driving - you probably have a million questions. These are some of the  most frequent questions I get.

• What's really going to happen to me as a result of my arrest?

Not only will you be facing the possibility of criminal sanctions - you also need to know you could lose your driver's license, have your vehilce's license plates impounded and be subject to having an Ignition Interlock Device installed . 

•What kind of penalty am I likely to get after DWI offense?

If it is your first offense, most judges order you to pay a fine, do some sort of community work-service and an have your alcohol use assessed.  If this is your second, third or fourth offense, then the penalties are more severe and could include increased fines, looooong jail sentences, and even the loss of your vehicle.

•Will it is dangerous to take a blood, breath or urine test if I'm asked?

In Minnesota, if you fail to test - back at the station - that's a crime in an of itself.  Before being asked to provide a sample for testing, take advantage of your right to consult an expereinced Minnesota DWI Attorney. Due to the recent changes in the state's DWI laws - you'd be foolish to do otherwise.

•Can a Minnesota DWI Lawyer help avoid a conviction for a first-time DWI arrest?

An experienced and qualified DWI lawyer can help you to avoid or reduce the penalties and punishments you might face, if you've been arrested for Drunk Driving. At a minimum, he'll ensure that the government followed standard procedures and if they failed to do so - he will make the proper arguments in court to ensure that those errors are pointed out.  

If you or someone you love has been arrested for Drunk Driving, you should immediately contact an experienced Minnesota DWI Lawyer to learn your rights and to begin the fight to get you the results you desire. 

Do Not "Just Plead Guilty" to a DWI - Ever

There are things you regret in life, right?  Lost loves; great deals gone bye-bye, that time you should've zigged - but instead you zagged...  I am all for feeling down about the dumb things we do. The fact is we're human beings (as opposed to robots) and from time to time we will do dumb things - a lot of dumb things - and afterwards we often feel bad about it.  That being said, if that dumb decision leads to you being charged with Drunk Driving, don't compound the situation by doing something even dumber. Seriously, if you've been charged with a DWI (or any other crime) you owe it to yourself to speak with an experienced Minnesota Criminal Defense Attorney to help you with the situation. Here's the reason why.

A DWI conviction is unlike every other criminal conviction. There is no doubt that Drunk Driving is a bad thing, but so is driving while texting. But, because DWI has been saddled with such a negative connotation, lawmakers have created some extremely harsh penalties. For example, there are often mandatory jail sentences for first-time offenders, in addition to mandatory fines, license suspensions, increased insurance rates, and as of July 1, 2011, (here in the State of Minnesota,) the possibility of mandatory interlock ignition equipment. You'll also most likely be ordered to perform some sort of community service, submit to a mandatory alcohol assessment (and to follow all of the recommendations that come from it) and there is often a probationary term. If you hire an experienced Minnesota Drunk Driving Attorney, like me, to help you, a great deal of that can usually be avoided.

Alas, far too many people assume that because they've been arrested (for doing something "wrong"), they should own up to it. No offense, but if you do that, you're foolish.

In our state's criminal courts it's the government's burden to prove that the accused is guilty - beyond a reasonable doubt. That is a right that our forefathers fought for - why not use it?  If you go into court, believing that your doing the "right" thing by just pleading guilty - and expecting the system to understand - I'm sad to say, it just doesn't work like that.

What you get for your trouble is a DWI on your record -and everything that goes along with it. But, if you taken the time to hire an experienced Minnesota DWI Attorney and set him to go to work for you - you'll have someone on your side giving your desires a voice and you'll know that your rights will be protected.

In the end, we all get to make our own decisions - we all get to make our own mistakes. But every hard lesson need not come with the most severe punishment  Being altruistic, falling on your sword to show you take responsibility for what you've done, doesn't really win you any points with anyone. All it does is make your life harder.

If you are charged with a DWI, don't just go in and just plead guilty. Hire an experienced Minnesota DWI Attorney as soon as you can, and fight for your rights. Not only does this decision help you have some say in the punishment you'll receive, it will also demonstrate that in fact you are taking this matter seriously. 

BWI - Boating While Intoxicated (Explained)

The calender now reads SUMMER - even if the weather does not concur - and in Minnesota that means one thing --- hitting the lakes. As you do so in your boat or personal water craft - so is the government.

Yes, as part of a national effort to crack down on alcohol and drug related accidents and fatalities on the water, the Minnesota Department of Natural Resources is engaging in something called Operation Dry Water (you have got to love these names - right?) looking for impaired boat captains.  If you're planning on dropping anchor this weekend, here are a few things you might want to keep in mind if your boating fun also includes a few adult beverages.

The Basics

Just like with driving a motor vehicle, in the State of Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08) percent.  Those in excess of the legal limit may be charged with BWI (Boating While Intoxicated).

Just like with Drunk Driving, a first time BWI charge is usually classified as a Misdemeanor - which could result in the imposition of a $1,000 fine and a jail sentence of up to 90 days.  You could also see your boating privileges suspended for up to 90 days.  In addition, the enhancement factors - which could raise a 1st time offense to a more serious criminal classification - are also applied in BWI case.  Therefore, if your piloting your boat with a blood alcohol concentration of (.20) percent or more, have a prior conviction for DWI (or BWI) or a were convicted of failing to submit a sample of your blood, breath or urine for testing in the 10 years prior to the new charge, and/or there's a passenger under the age 16 on board at the time of the offense - you could be looking at a Gross Misdemeanor of Felony level charge. 

Different than a DWI?

As much as they might be the same, BWI laws also differ from the Drunk Driving laws in a number of ways too.  One of the most important is that an officer - who usually needs to assert a reasonably articulable suspicion to legally stop your vehicle - doesn't always need such a well defined reason to board your boat. More often than not, the police can come aboard for safety or security reasons. Then, if the officer notes the smell of alcohol or sees evidence of drinking, he can begin an investigation.   

Another significant difference in BWI prosecution is the impact that the sun can have on the boater's body - especially when alcohol is involved.  As opposed to when you're drinking a beer in a bar - when your body is processing alcohol in a way you're familiar with - because alcohol works to dehydrate you (as does a day in the sun) it is often easy to underestimate the effect that alcohol is having on you. This often leads to greater consumption - especially if it's a cold beer on a hot day - which can result in a higher alcohol concentration in your system.

What Should You Do?

If you're a regular follower of this blog, you'll note some of the suggestions I've made when having contact with the police- in the context of a Drunk Driving stops.  A lot of those same warnings should be heeded by you when having contact with an officer while out on the lake - and your being suspected of BWI.

If you've been arrested, your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights, to fight for you in court and to protect your future.