Minnesota Criminal Defense Attorney (How To)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney.  

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn't want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case.  

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.

Minnesota Expungements (Explained)

What is Criminal Expungement?

Criminal “Expungement” is the process of going to court to convince a judge to seal a criminal record. When a record is sealed, it does not show up in a criminal records search performed at the courthouse. An expungement does not erase your criminal courthouse record, but it prevents it from being viewed by the public.

What is my Minnesota criminal record and where is it kept?

Your complete Minnesota criminal record is comprised of all of the files and records of any crime that the State of Minnesota has filed against you. Each city, county and state law enforcement agency, prosecutor's office and courthouse keeps its own records. In addition, the Minnesota Bureau of Criminal Apprehension (BCA) has records of criminal convictions.

What type of criminal record information is public?

Typically, the information from your criminal record that is public includes the crime charged, the name of the court that convicted or dismissed the charges, the date of conviction or dismissal, a description of the sentence served and other details of the crime and court process.

Can employers check my state criminal court record?

Yes. In Minnesota, any person can search District Court criminal records at the county courthouse. An employer will most likely search the court records of the county where you live or work. Each county that is searched will have only the criminal records for that particular county. Another place that the public, including employers, check criminal records is at the Minnesota Bureau of Criminal Apprehension (BCA). Law enforcement agencies throughout Minnesota report information in their criminal records to the BCA. The BCA compiles this information into a "statewide" computerized record of criminal cases.

What types of criminal records can be expunged?

Records of serious crimes like murder and sex offender crimes are never expunged. Similarly, enhanceable offenses, like DWI, are not expunged. Less serious crimes may be expunged only if we can convince the judge that the benefits of expungement to you outweigh the disadvantages to the public. It is important to note that even when the court grants an expungement of a conviction, the records kept by some agencies, including the BCA, might not be sealed.

What if I was found “not guilty” or the charges were dismissed?

Even if you are found "not guilty" in a criminal case, you still have a criminal record. However, it is generally easier to expunge these types of criminal records. Similarly, if you never entered a guilty plea and you successfully completed a pre-trial “diversion program,” an expungement is more likely. A conviction (pleading guilty or being found guilty) is more difficult to expunge.

What are the chances of my petition for expungement being granted?

An expungement is never guaranteed. You need to do the paperwork and convince the judge that, on balance, the benefit of the expungement to you is greater than the disadvantage it would be for the public to not have access to your criminal record. This generally means you have to prove that: (1) you have been denied work, housing, or a professional license because of your record; (2) sealing your criminal record will not negatively affect public safety; and (3) you have rehabilitated yourself.

How long does the expungement process take?

In Minnesota, at least 63 days must pass between when your paperwork is mailed to the government agencies and when a judge holds the hearing to consider your request. If the judge grants the expungement, another 60 days will pass before the court actually seals your record.

If my criminal case is expunged, what happens to my court record?

A sealed state court record still exists but it is "invisible" to the general public. If the expunged crime was the only crime on your record, you will not have a court record that the public can see. Employers and the general public cannot see sealed records.

What about sealing the BCA and other agencies' records?

Under current Minnesota law, a state court judge can order the BCA and other agencies to expunge a dismissed case or a case in which you were found “not guilty.” However, if you were convicted, the judge generally cannot order the BCA and other agencies to expunge or seal their records.

If you are someone you love is looking for an Expungement, call the Rolloff Law Office today to set up a Free Consultation: (612) 234-1165.

Minnesota 2nd Degree DWI (Explained)

A 2nd degree DWI is the second-most severe DWI in Minnesota. This offense is labeled a gross misdemeanor, which means it is punishable by up to 1 year in jail and/or a $3,000. In addition, a 2nd degree DWI carries a number of collateral consequences, including loss of driver’s license, impoundment of license plates (“whiskey plates”), and forfeiture of the vehicle used in the incident.  As such, more likely than not you're going to need some assistance.  My suggestion - contact a Minnesota Criminal Defense Attorney - ASAP.

Why Were You Charged With a 2nd Degree DWI?

A 2nd degree DWI occurs when someone drives, operates and/or is in control of a motor vehicle at a time that he is intoxicated (usually with BAC over 0.08) and there are "other" aggravating factors. These may include: prior DWI convictions, driver's license revocations premised on alcol-related arrest, having a child in the vehicle at the time of the arrest and/or having a BAC above 0.20. If two of these factors are present, then you will be charged with second degree DUI.  Additionally, a DWI test refusal with one aggravating factor will also result in a second degree DWI.

What are your options?

A second degree DWI is a very serious charge.  Not only can it result in jail time, the loss of your driver's license and the forfieture of your vehicle - you may also be required to pay numerous reinstatement fees and higher insurance rates to become a valid driver again.

What Should You Do?

Retaining a good Minnesota DWI lawyer is usually your best option when facing a charge of this nature. The Rolloff Law Office has represented many individuals facing charges of this nature - and worse.  If you or someone you love needs help, call today: (612) 234-1165 or email me jay@rollofflawoffice  to set up a free consultation and learn all about your defenses.

My Son/Daughter is in Jail (Explained)

Whenever I receive a call from a parent with a son or daughter that is currently being held in jail, I tell them that the criminal case is divided into two halves: Getting your him/her out of jail, and everything else.

When a peace officer witnesses a criminal offense (Minnesota DWI, drug charges, etc.), they will usually arrest the accused immediately. Sometimes, that individual  will be taken to the police station for additional questioning or breath testing, before ending up in county jail.

At the jail the defendant is usually “booked,” which consists of fingerprinting and being placed in an orange jumpsuit. He or she may also have a bond set by the arresting officer. Sometimes, he or she is told that they will have to wait to see the judge in the morning.  Here is where an experienced Minnesota Criminal Defense Attorney can help.   

If some one is taken into custody on the weekend, a lawyer can hep secure his/her release by assisting with the bail/bond process. Especially as it concerns getting a judge to set a bail (over the weekend) so one not need wait until Monday to get in front of a judge --- causing them to miss school, work, etc. 

If someone is held until then, the judge will inform the him/her of the pending criminal charge(s) and the minimum and maximum penalties. If the only charges are simple misdemeanors, the judge can ask for a plea. If there are more serious charges, the judge cannot ask for a plea and will address conditions of release.

Conditions of Release - Will There Be Bail?

The judge will review the information he has available and decide whether the accused needs a bond. He will consider the  current charge(s), any criminal history and his/her ties to the community. Essentially, the judge is determining what amount of money (if any) is required to secure the someones future appearance in court and to protect the community from further criminal violations.

If the judge decides that a bond is necessary, then that bond amount must be posted in order for the individual to be released. That money is kept by the court until the case is resolved, then it will be returned or credited toward any financial obligations/consequences.

The Problem

Most of the time, an attorney is not called until after the Initial Appearance.  When I am hired for cases like this, I work to be either attempt to secure an early release and/or to be present at the hearing to earn a release with little to no consequences - depending on the charge(s) in question.  This affords me the chance to discuss the case with the prosecutor and judge, and provide greater detail about the circumstances of the individuals life (ties to school or work for example). It also helps when I can convince the judge that the his/her parents are involved because this further secures their presence at future court dates.

What Now?

If you are seeking representation for a criminal matter - for you or a family member - Call the Rolloff Law Office, today, at (612) 234-1165. 

If You Think You Need An Attorney ... (Explained)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney. 

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn’t want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case. 

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.