What Should I Do If I’m Stopped by the Police?

Here's a couple of easy answers to some hard questions about contact with the police from an experienced Minnesota Criminal Defense Attorney.  

I.  Do I Have To Answer Questions If I am Stopped by the Police?

No, you don’t, not under any circumstances. But note this twist that surprises some people: the safer you feel, the more likely you are to incriminate yourself.  So, what should I do if I am stopped by police?  I’ve discussed this before, but it merits fine tuning.

II. Am I Under Arrest?

If you are stopped by police and talk to them and you are free to leave—such as if you are not in a squad car or police station, or if you have been told you are not under arrest or are not a suspect in a crime—what you say to the police can be used against you without a prior Miranda warning or an opportunity to have your lawyer present.

III. If You are Under Arrest

Once you’re under arrest or “in custody,” the police cannot use what you say against you unless you have been Mirandized first and told that you have a right not to speak and to have an attorney present.   The basic distinction between whether you are or are not under arrest is whether you are free to leave.

But it is not illegal for the police to allow you to feel free to leave so you will talk to them–then they arrest you five minutes later.  (Trust me - It happens.)

IV. I Got a DWI. When Was I Under Arrest? What Should I Do?

Most of my clients tell me that they were not given their Miranda warning until long after they were stopped by  the police.  In a “typical” DWI, the suspect will be stopped, questioned in the car (“have you been drinking tonight?”), given field sobriety tests (heel-to-toe walk, follow the pen with your eyes), handcuffed, placed in the squad car, driven 20 minutes or so to a police station, and questioned some more before being Mirandized.  Anything you say during this process can and will be used against you even though you were not advised  of your right to remain silent or to have a lawyer, because you were not under arrest yet (even the handcuffs do not constitute arrest if the police say that the handcuffing was “for officer safety”).

V. Don’t talk to police without your lawyer present

This goes for individuals who are innocent.  Click HERE)

If you're reading this after the fact --- help can still be had.  Please call the Rolloff Law Office today to set up a free consultation: (612) 234-1165.

Minnesota Criminal Background Checks (Explained)

In this technological era files have become very accessible and access to your records is no exception.

Background checks have become more and more common and any criminal record can be very harmful to employment options, bank loans and even apartment rental opportunities.. Fortunately there is something you might be able to do to delete or stop access to your criminal records.

Minnesota Expungement

An Expungement is the  removal of your crime from your criminal record. An experienced Minnesota Criminal Defense Attorney can help you with getting an expungement.

Who Qualifies?

Various people are eligible to get an Expungement. These people may include individuals arrested for an offense but never convicted, someone charged for a crime that was later dismissed, someone acquitted (ie. found not guilty) by a judge or jury.

Benefits

There are many benefits that come along with getting an Expungement - in addition to cleaning your criminal record. Once your records have been expunged you can deny ever being charged with that crime (except under oath in which case you can state only that those records have been expunged). For example, when looking for a job, you can tell employers that you have never been convicted of a crime. Other benefits that you may be eligible for after an Expungement include eligibility for housing assistance, student loans, and state issued licenses.

What To Do Next

Expungement procedures are long and very complicated, but the end result can be of a huge benefit to you if your record is cleaned.  If you have any questions or need legal advice --- call the Rolloff Law Office today at (612) 234-1165 to set up a FREE meeting to learn about your options.  

I Was "The State" (Explained)

Most people who seek out my services are aware that before I became a Minnesota Criminal Defense Attorney I had an earlier career as an assistant county attorney.  That's right, I was a DA, a prosecutor - and guy who was looking to put people behind bars.

The question I'm often asked on this part of my background is -  Does that make you a better Criminal Defense Attorney?

In a word: Yes. 

Not only did being a prosecutor expose me to the practice of criminal law on a full time basis, it also afforded me the opportunity to work a large number of criminal cases (of any and all types) from simple traffic tickets up to serious felonies including serious Theft, Assault and Drug Charges.  This experience also afforded me something that most people plying the criminal defense trade do not posses - an insight into the government's schemes and motivations.  And it is this inside knowledge that has aided me to in winning my clients the results that they're seeking.

The Switch

My career started out clerking for a district court judge - and in that capacity I got to see the case from the best position in the courtroom - right next to the judge.  I was back in chambers when all of the pre-trial horsetrading was going on and I was there when the tough decision had to be made.  In that time, I definitely learned a lot seeing some of the best lawyers in the state plying their trade on a day to day basis.  Subsequent to that, I reluctantly transitioned into the county attorney's office.  In many ways, I went that direction, first, because I really wanted to hone my skills - to get some extensive litigation work under my belt before I went out on the open market --- asking people to put their fates in my hands.

The Advantages

My experience as a prosecutor has provide me several special benefits as a Minnesota Criminal Defense Attorney - and in the end this has worked to the advantage of my clients.to a defense lawyer.

Trial Experience. A very active defense attorney who enjoys trial (and works hard to get good results for his clients as opposed to doing no work and setting everything for trial) may end up trying 3 to 6 cases a year on average. While numbers vary for prosecutors based on whether they handle felony or misdemeanor cases and the size of the city they are in, most prosecutors try a case to jury every 1-3 weeks. So years spent as a former prosecutor are years where the lawyer gets a lot of experience trying cases and handling all the preparation, strategy, and execution that goes into a criminal trial.

Negotiation Experience. While case loads vary, in large part because the jobs and roles are different, defense lawyers often carry case loads of 100 or less at any given time (some carry more than that but at the cost of not having enough time to put enough work into each case). Prosecutors typically handle over a thousand cases a year, sometimes more depending on the size of the city, the size of the county budget, the number of prosecutors, and the way cases are assigned.

Most prosecutors are in court every day. On any given day prosecutors may negotiate with defense lawyers, have hearings in front of a judge, or argue pre-trial motions. They face constant pressure with heavy caseloads and a steady influx of new cases. A prosecutor must figure out a fair plea offer, think on his or her feet, and change mental gears quickly depending on what is required.

These skills are invaluable in a defense practice. Defense lawyers who learned to handle the role of the prosecutor are comfortable in the courtroom, able to move at the same mental pace as the prosecutor, and have the skill for plea-bargaining born from negotiating with hordes of lawyers day after day.

Perspective. A former prosecutor brings a unique asset to your case that other defense attorneys lack - perspective. This criminal defense lawyer can put himself or herself in the mind of the prosecutor with ease, because he or she once was one. This defense lawyer can evaluate the facts of your case with a prosecutor’s eyes, anticipate the arguments they’ll make, the procedural maneuvers they’ll try to make, and the initial reaction they’ll have to defense arguments. Experienced defense attorneys can also do this to some degree, but its much more difficult to do well without having the experience of having once worked as a prosecutor. Ultimately, this perspective will allow your criminal defense lawyer to more skillfully defend you and better present your case.

What You Should Do

If you or a loved one is in need of legal assistance, your best bet is to touch base with an experienced Minnesota Criminal Defense Attorney.  Meet with that person, see if he listens and understands what you'd like to see come of your case.  In the end, no matter the price or experience, you have to be able to trust the person you hire.  Remember, you get one chance at this - don't go it alone.

Minnesota DWI and Criminal Attorney Fees (Explained)

Whether or not you've dealt with an experienced Minnesota Criminal Defense or DWI Attorney before, you probably assume one thing - it's going to be expensive. And, if you're like me or like most people, you want to get the best lawyer possible for the lowest amount of money, right?

Although I agree that price is a valid factor to consider, you also need to acknowledge this: the Minnesota DWI Attorney that you decide to hire is going to be trusted with a lot of responsibility. He will be holding your life - and your future - in his hands.

If he fails to do the work, put forth the effort or pick up the phone when you call - it's not him that will pay the price.  Rather, you (and you alone) will be the one who could end up in jail, paying huge fines and losing everything that is important to you.

In the end, you need to ask yourself this: What is my freedom, my hard earned money, and my reputation worth to me?

With So Much at Stake, Do You Really Want the Cheapest Option?

Some people can be scared off by the fees I charge.  Now, I'll guarantee you I'm not most expensive Minnesota Criminal Defense Attorney out there, but I'm also probably not the cheapest either.  I charge what I charge because I provide more value than the attorneys out there selling you on price. What I offer is, unlike other Minnesota DWI attorneys, great legal services that earn my clients the results that they desire.  I can also assure you that at the end of the day I'm doing everything I can to protect you, your rights and your future. 

Do This Now

If you think you need a Minnesota Criminal Defense Attorney to help you - odds are you really do need one.  Hey, I'm ready to help. I offer FREE CONSULTATIONS and am ready to help you now.  Call the Rolloff Law Office today at (612) 619-234-1165 to find out how.

Minnesota Assault/Domestic Assault Charges

If you're facing an Assault charge, the first thing you have to understand is that law enforcement is not your best ally and often they are not on the scene to help you.  Believe me, because it is not illegal for the police to lie to you in the midst of an investigation. Therefore, if you do talk to the police about any infraction - without an attorney present - you do so at your own peril.

What Should You Do if You're Being Investigated?

#1 - Do not talk to the police. Be polite and courteous, but refuse to discuss with law enforcement their investigation. If they persist, plainly and repeatedly tell them that you do not want to talk with them, that you want a lawyer present, and that you want to remain silent. Never allow yourself to be tricked or coerced by the police.

#2 - Don't talk to others.  Remember, anything you say about the case to anyone, including most family members, can be used against you in court. Many people I've met with, after complying with step #1, make the mistake of confiding in someone - only to later have those conversations come back to haunt them  Granted, if you've made such statements, they can be dealt with; however, if you have not - then don't.

#3 - Never agree to anything - without the advice of a lawyer. This means, never give law enforcement permission to search anywhere, draw your blood or discuss the case with you.

#4 - Never resist arrest. If an officer is seeking to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer - or any officer who tries to question you - that you will not talk without an attorney present.

#5 - If you are arrested - tell the police that you wish to make a telephone call. It is essential that you get a lawyer involved in your case quickly. If you call family or friends have them contact an experienced Minnesota Criminal Defense Attorney.

As an attorney for the government, I prosecuted dozen upon dozens of Assault and Domestic Assault cases.  Often, they were the most difficult files I handled.  Let me put my experience - working from the other side of the aisle - to work for you.  My insiders perspective has won my clients the results that they desire.,  Call the Rolloff Law Office today to set up a free, no obligation, consultation.