Hiring a Minnesota Criminal Defense Attorney - Part II (Explained)

If you believe you need an experienced Minnesota Criminal Defense Attorney to help you or your loved one, be smart about your decision. After reading this ... you may also want to consider the following:

Trust Your Gut

If you aren't comfortable with the Minnesota Criminal Defense Lawyer that you've consulted with try a different office. Believe it or not: you do not have any obligation to hire a lawyer merely because you met with him or her. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of the situation or the complexity of a case ... in order to entice someone into paying a huge fee, and then blame the judge or prosecutor when the promises they made don't come true.

Pay Lawyer or Public Defender?

People who are charged with serious, felony offenses, and many individuals who are charged with certain misdemeanors, may be eligible for a free lawyer - ie.,, the public defender.  This is based on an assessment of the defendant's resources to determine if the he/she will qualify for an appointment of a free lawyer. 

Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer --- this isn't always true.  Sure, some public defenders will prove to be insufficiently skilled or dedicated to their work to provide an effective defense --- but, you could find some private attorneys who are equally flawed.

One main difference ... "customer-service."  A private attorney is likely to have more time to involve themselves in your case --- able to answer your questions at any time/anywhere.

If you can hire an effective Minnesota Criminal Defense Lawyer you should not hesitate to do so. Not all lawyers are the same ... and prices vary widely.  Call the Rolloff Law Office to see if we might be able to help you: (612) 234-1165. 

Hastings Criminal Defense Lawyer - Affordable

Any individual who seeks legal services already knows they need the help of an experienced Minnesota Criminal Defense Attorney. That being said ... the should not have to go to law school to understand the legal system.

Having had been at this for some time, I am well aware that individuals who have been arrested for something are frightened about the consequences they may face. They have been through an emotional experience. They don’t understand the legal process and they can be frustrated by people who speak in legal jargon. 

One of my jobs is to explain to individuals what their rights are, to look at whether any of them have been violated and to explain how the court system works — to make it a lot less intimidating and frightening.  If you or someone you love has caught a case, you likely think that there is serious trouble ahead.  My goal is to talk straight ... to tell the truth ... and by shining light on the dilemma --- help everyone understand what they’re facing and what the possibilities are.

I take the time to explain in a language they can understand exactly what the issues are. I know how to ask the right questions. They can explain to me in their own words what happened and I can translate that from legal jargon into what their rights and responsibilities will be.

I do that throughout the whole process, not at just the first meeting.... through the whole case.  

For any criminal defense legal services you think you might need, please feel free to contact the Rolloff Law Office for a FREE CONSULTATION and to earn a clear understanding of what your options are.  CALL NOW: (612) 234-1165

Minnesota Boating While Intoxicated (Criminal Defense)

Summer in Minnesota is great for boating ... and it is also a time for BWIs.  BWI stands for “Boating While Intoxicated.” and it is (and it isn't) the same as a Minnesota DWI charge, but indicates that the offender was operating a boat under the influence rather than a car.  

What is BWI?

In Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08). As like with a DWI, violators of this law can be charged with a crime --- BWI ---  (Boating While Intoxicated) and be subject to a court proceeding and consequences.  If you need help with such a charge, you should contact an experienced Minnesota Criminal Defense Attorney.

What Happens if Your Are Arrested for A BWI?

The consequences of a Minnesota BWI arrest are nearly the same as those of a Minnesota DWI offense. 

A first time BWI charge is a Misdemeanor punishable by up to 90 days in jail, payment of a fine of $1,000, and suspension from operating a boat/watercraft for 90 days of the boating season.

As with Minnesota DWIs, a Minnesota BWI charge is an enhanceable offense, meaning that if certain “aggravating factors” are present, the charge becomes a more serious offense --- even a Felony --- with significant sanctions.  

BWI Aggravating Factors 

A BWI can become more serous based on a number of things, including:

Operating a boat with a blood alcohol concentration of .20 percent or more;
A prior conviction for DWI or test refusal in the 10 years leading up to the charge; and
A passenger under age 16 on the boat or watercraft at the time of the offense.

The presence of any of these factors will result in a higher degree of BWI being charged --- even a Felony.  he higher the degree of BWI, the stricter the punishment. Below are the penalties for gross misdemeanor BWI offenses:

• A fine of up to $3,000
• A longer period of mandatory jail time
• Participation in long-term monitoring programs
• Chemical Dependency assessments
• Loss of driver’s license privileges
• Plate impoundment of all motor vehicles owned by the offender
• Forfeiture of the boat involved in the incident

A felony BWI charge is the most serious. In addition to the above sanctions, felony BWI offenders can be sentenced to (in addition to those things listed above):

• Three to seven years in prison; 
• Up to $14,000 in fines; and
• Extended periods of license revocation

An experienced Minnesota BWI defense lawyer can help keep you or someone you love from suffering the worst consequences for these charges.  Regardless of the degree of your offense, call the Rolloff Law Office to help you review your charges, get the right answers and resolve your case in a favorable way.

Should I Hire a Minnesota Defense Attorney?

It can be hard to decide whether to hire an attorney for your case. Here are a few of the benefits of hiring an experienced Minnesota Criminal Defense Attorney, in the event you are facing criminal charges.

• Pleading Guilty Without an Attorney Is Often More Costly

There are many long term and short term consequences to pleading guilty to any crime in Minnesota. As a former prosecutor, I can inform you of all the consequences and costs that may result from the criminal charges you are facing and assist you with making an informed decision about your case. Factoring in all the consequences and penalties you are facing from the criminal charges, the expense of hiring one of our attorneys is often less expensive than pleading guilty guilty without a fight. 

• Time is Important, Delaying Can Hurt Your Case

Preparing an aggressive and successful defense for any criminal case requires a time commitment from your attorney. The earlier in the process you retain a lawyer, the quicker he can begin to request discovery from the prosecutor, investigate and gather facts, and prepare an aggressive defense for your case. 

• Going Through The Process Alone Is Hard

When you are charged with a crime, you are alone. Law enforcement officers, prosecutors, and judges are not there to help you or your case. Your lawyer is the only person with any influence in the courtroom that is on your side, throughout the whole process. A strong and powerful relationship between you and your attorney is built on communication and trust. You will need to trust your lawyer with important information and facts relating to your case, and also be able to rely on the advice given to you by your attorney.

If you have questions - call the Rolloff Law Office today.  All consultations are FREE: (612) 234-1165

Minnesota DWIs – Not Just Another Traffic Ticket

Almost every other week you hear stories on the news about celebrities being pulled over for DWI. Their mug shot will be shown, viewers will get a laugh over it and then it seems to be over. You don’t hear anything about it again; but the fact is that this is no laughing matter and it should be taken seriously.  This is why you should consider speaking to a Minnesota Criminal Defense Attorney about your case.

DWI is a Criminal Offense

Many people are under the impression that if you are arrested for Drunk Driving, you are only held until you sober up and then it is over -- WRONG.  This offense is not the same as a speeding violation or even a reckless driving charge. This sort of charge will require you to  face a criminal court judge.

If you are pulled over while intoxicated, the police officer will normally ask you if you have been drinking. It is best for you not to answer and instead invoke your right to remain silent. If they ask you to take a field sobriety test, you have the right to refuse. In fact, these tests are not considered reliable since sober people can fail while people who are intoxicated can pass.

If the police officer believes there is probable cause to arrest you for driving while intoxicated, he will then arrest you. Once at the police station, he will likely either have you submit to a blood or breathalyzer test. It is important that you not give a statement until you have a lawyer present. This is a right that you have and you should not allow an officer to pressure you otherwise.

Often times, depending on the jurisdiction, you will be released from jail pending arraignment after fully sobering up which typically takes a several hours depending on how much alcohol you consumed. However, sometimes, and especially if you are being charged with anything else in addition to driving while impaired, you may remain in custody until your arraignment. Usually an arraignment takes place the day after your arrest but if you are arrested on a Friday or Saturday, you may have to spend the weekend behind bars.

If you are released after sobering up, then you will most likely be notified of your arraignment at a later date. This will give you time to contact an attorney to represent you against these charges.

What is At Risk?

Depending on the circumstances surrounding your arrest and the charges against you, there are a few possible punishments that you can face:

• Jail time
• Fines or other fees
• Penalties
• Suspension/revocation of license
• Community service
• Rehabilitative treatment
• Probation

For each Minnesota DWI offense, the repercussions become more stringent. In addition, if you caused a car accident while drunk driving and someone is injured as a result, you may even face more severe charges.

You Need Representation

Defending yourself on a DWI charge can be tricky – especially if it isn’t your first offense or if you have multiple charges against you. For any criminal charge, you would turn to an attorney to represent you and this charge is no different. Look for a Minnesota DWI Attorney who has experience defending people in your situation. At the Rolloff Law Office, I represent individuals charged with DWI --- I can advise you on the right steps to take.  Call to day to set up a free consultation: (612) 234-165

Hiring a Minnesota Criminal Defense Attorney

As you might imagine --- the (all too often wrong yet) number one question I get about who to hire as a Minnesota Criminal Defense Attorney is: "How much is this going to cost me?"

Now I'm not so dumb as to not understand that price is a huge factor when one contemplates the person they are going to hire to represent them in court; however, it should never be the only point on which that person focuses.  As an example, here's a situation I was party to recently:

What Would You Do?

Imagine two attorneys, each presented with the same criminal case by an individual searching for representation.

The first attorney is honest with the potential client, telling him that it is unlikely that the case will prevail at trial, and that the matter will most likely be resolved through a plea agreement (as is the case with almost every criminal case).  The attorney then tells the potential client that the fee will be relatively low, and offers to take the case for $1,000.

The second attorney has a different strategy; he tells the potential client that the case can be beaten, promises the individual the world, tells him exactly what he wants to hear, and offers to take the case for $3,000.

Assuming the client earns an average income, which attorney is she likely to take?

The answer: Almost invariably --- the 2nd Attorney.

Although the first attorney is honest and fair priced, the dishonest and expensive maverick will get the case.  Even if the second attorney never delivers on his high promises, it is of no concern to him; he’s already been paid.  Criminal cases usually require payment in advance (especially if there is a chance the client will be incarcerated at the conclusion of representation), and due to ethical concerns criminal cases may not be contingent on the outcome.

Now What?

Frankly, I don't dig the idea of being dishonest or scarring my clients into hiring me (even if it might earn me a bigger retainer.)  Others might not have an issue with it at all.

Because I'm affordable, because I'm honest --- I can sleep at night,  A promise I make to anyone who places their trust in me is that I will go after their case like it was my name on that file.  They will never not know what they need to know - even the hard stuff --- and in the end, they will (hopefully) have been spared getting screwed - by the courts and me.

What can someone who needs an experienced Minnesota Criminal Defense Attorney do?  My #1 suggestion is to find someone you can trust.  Referrals from family and friends are a good place to start.  It might also be a good idea to do some shopping - some tire-kicking.  If you visit three or four attorneys, you should be able to get a decent idea of what to expect in terms of price and results.  Remember, the two are not always related.  Call The Rolloff Law Office to and set up a FREE CONSULTATION: (612) 234-1165.

Minnesota Legal Questions - Answered 4 FREE!

As a former prosecutor - and as an experienced Minnesota Criminal Defense Attorney - I get lots and lots of questions.  I have no problem answering them - for FREE.  If you or someone you love has been caught up in a legal mess --- Call me today to set up a FREE CONSULTATION.  Before we get started - understanding that every case is different - feel free to look here for some general information.

Here are some of the most common questions I get:

The officer never read me my Miranda rights, what are they? 
Many people have learned that they have the right to remain silent and right to Lawyers by watching television and the movies. Yes, it is true, we do have these rights. However, these rights only attach when we are arrested or placed in custody and given the chance to incriminate ourselves. Strangely enough, a blood, breath, or urine test is not considered self-incrimination. That is why people do not have the right to a Minnesota Criminal Defense Lawyer before a State test is given. A routine traffic stop does not rise to the level of custody such that people must be told of their rights. However, if the police officer leads you to believe that the detention is going to be more than a brief encounter, Miranda warnings and your right to have a lawyer present before and during any aditional questioning may be required.

Do I have to let the police search me? 
NO!  The Police may only search a person, place, or thing if they have probable cause  (defined as enough evidence to convince a reasonable person that criminal activity is or has ocurred)  to believe that something illegal exists. However, there are numerous exceptions to this rule. For instance, a police officer can search you and anything within your grasp once you are lawfully arrested. An officer may frisk a person to see if they have weapons on them. An officer may search anything if he sees something in plain view and he has a legal right to be there. An officer may search a car if he smells burnt marijuana. THE EXCEPTIONS ARE GREATER THAN THE RULE. Initially, we had many rights to be secure from illegal searches. However, through the years, courts and whittled away at our rights so that law enforcement would have an easier time finding drugs and weapons.

Do I have to speak with police? 
No! Many people feel that they can talk their way out of trouble. We believe that this is not going to happen. Anything you say to an officer is considered an admission and will be used against you at a trial. All spontaneous utterances will be used against you.

IF YOU ARE A SUSPECT IN A CRIME, LAW ENFORCEMENT IS NOT TRYING TO HELP YOU.
The police are trying to gather as much evidence as they can to help them make a case. You have no legal obligation to speak with them. Please let an attorney speak to them on your behalf. Even if you are not guilty of anything, the most subtle questions will trip you up and make it seem like you did something wrong. You are not obligated to be a witness against yourself.

What is the Fifth? 
In recent times, many people have pleaded the Fifth. This is a person invoking their legal right not to incriminate themselves.

What should I do if I have not been arrested but think a charge is soon to occur? 
I get a lot of  calls from people who tell me that there is not a pending charge, but they did something wrong or people believe that they did something wrong and a charge may be forthcoming. First, it makes sense to hire a lawyer. He or she can analyze the facts and make a decision if a law has been broken. An attorney can also deal with law enforcement on your behalf in order to try and avoid charges from being filed.

If a lawyer is not affordable or available, do not tell the police your story. This will generally make things worse. Unless you are so sure that you are squeaky clean and have nothing to hide, my advice is do not speak to police without asking for an appointed lawyer.

Do I have to allow the police to search my house or car? 
No! The police have every legal right to ask for your permission to search your car or home. However, you have every legal right to refuse. Unless there is probable cause to search, the police have no business looking through your personal items.    The Fourth Amendment mandates that citizens shall be free from unreasonable searches and seizures. What type of governmental conduct is deemed unreasonable, and therefore unconstitutional, is determined by the particular facts and circumstances of each case. However, some hard and fast rules do provide guidance. First and foremost among these is the core principle that all searches, unless conducted pursuant to a warrant, are per se unreasonable, therefore unconstitutional. There are, however, certain well-crafted exceptions to the warrant requirement, permitting warrantless searches when the requirements of the relevant exception are met, a lawyer should be consulted to address the specific factual scenario in your case.

If you need help call The Rollof Law Office - now - at (612) 234-1165.

Hire an Affordable Minnesota Criminal Defense Attorney

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about what individuals should consider when looking to hire a criminal attorney.

Among the many things you must consider, such as: do you feel comfortable with the attorney when you meet them face-to-face; is he going to spend the time necessary to understand the particulars of your case; and can he explain to you what to expect in terms of potential outcomes, and the risks involved --- you also need to look at these things.

1. EXPERIENCE, EXPERIENCE, EXPERIENCE 

There simply is no substitute for hands-on experience in a criminal courtroom. It is by far the most important consideration in choosing a criminal lawyer. Every case is different, as are the personalities of each, judge, prosecutor and law enforcement officer. Attorneys that have been around the local legal landscape for a long time tend to be more expensive, but it is often money well spent. Former prosecutors are often good bets, as assistant county attorneys have often had extensive trial and plea bargaining experience that someone who starts out on the defense side might not have.

BUT, keep this in mind: If you have a unique case, or an especially complex case, younger lawyers with moderate experience tend to be hungry. They are eager to establish their own reputations. They will have more time to research caselaw and do background investigation. They will pour blood, sweat and tears into your defense. They might be willing to try a novel legal argument much quicker than a more established attorney. A less-established attorney will also have more time to spend with you one-on-one. They will have fewer cases, and will probably be paid less for each of those cases, so each case to the less-established attorney is important.

2. AVOID ATTORNEYS WHO PROMISE OUTCOMES

Criminal attorneys are seldom assured of any particular outcome in a case. We operate in a field that is filled with uncertainty. We can, however, offer you a forecast of what to expect when your case goes to court.

3. STREET SMARTS

Common sense and how the real world works is important. We are a people-based practice area, and have to understand practical realities. A grasp of legal statutes is critical, but criminal lawyers spend far more time with real people than holed up in law libraries.

4. COMMUNICATION SKILLS AND LISTENING

Look for an attorney that can explain the law to you in easy to understand terms. Does the attorney listen to your story without interruptions? Does he or she explain to you possible defenses you may have to a particular charge? If you come away from an initial consultation feeling befuddled or misunderstood, look for another lawyer.

5. SOMEONE WHO IS NOT AFRAID TO GO TO TRIAL

The client always controls the decision of whether to accept a plea offer or go to trial. Plea bargaining often results in the best possible outcome for a client. Good things, however, can also come from forcing the State to prove its case. Let your intuition tell you whether this is an attorney you can go into battle with.

As a Minnesota Criminal Defense Attorney, I pride myself on providing the best representation possible. I'm a former prosecutor (and before that I clerked for a judge) --- if it has happened in the courtroom I've seen and done it.  For more information or to schedule a free consultation, call the Rolloff Law Office today: (612) 234-1165.  Or, for more information, visit my website: rollofflaw.com.

Minnesota DWI Arrest (What Should You Do?)

As a Minnesota Criminal Defense Lawyer --- the cases I get the most questions about (and the number of cases I work on most are Drunk Driving charges --- combine that with my experience as a former prosecutor and you can be assured I know a little something about this dilemmas.  Here are some answers to the most common questions:

WHAT TO DO IF STOPPED BY THE POLICE FOR A MINNESOTA DWI?

1. BE POLITE (The officer is the Judge at the side of the road;)
2. DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD PBT;
3. SUBMIT TO A BREATH CHEMICAL TEST (A REFUSAL TO SUBMIT WILL LEAD TO A WHOLE NUTHER CHARGE;)  
4. NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED.

IF YOU HAVE BEEN ARRESTED - WHAT THEN?

You next best move is to call the Rolloff Law Office - at (612) 234-1165.  The sooner you get a lawyer on board, the better your chances to earn the best possible outcome for your case.  

Criminal Defense Answers - FREE!

I get lots and lots of questions as a Minnesota Criminal Defense Attorney.  Here are some of the most common and some real answers.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At the Rolloff Law Office I provide personal legal services on a one-on-one basis, and have a  "results-oriented" approach to defending charges. Couple that with my reasonable rates --- and almost anyone can have the quality defender the need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a DWI charge?

Any DWI offense carries the potential of a jail sentence. Under Minnesota law, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. If you have a prior conviction for a DWI (within the last 10 years,) including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of the Rolloff Law Office. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your firm defend?

At my office, I am committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Disorderly Conduct to all Theft crimes, from Misdemeanor to Felonies, as well as serious traffic offenses, and violent crimes, including Assault, Murder, Manslaughter, and Domestic Assault.

If you even think you need legal help --- call the Rolloff Law Office today to set up a FREE consultation at (612) 234-1165. 

Minnesota Stay of Adjudication (Explained)

**** NEWS FLASH ****


If you've been charged with an offense - there's no guarantee you'll actually be convicted of it.  Additionally, you may even plead guilty - and not have the offense go on your record.  


Seriously, a Minnesota Stay of Adjudication for a felony (or misdemeanor) level offense can entirely avoid a conviction --- provided you successfully complete probation. How do you get this "deal"? The first place to start is by consulting with an experienced Minnesota Criminal Defense Attorney.  


What?


With a Stay of Adjudication: You do plead guilty to an offense. However, the Judge does not "accept" your guilty plea.  Rather, you get a Sentence of a "Stay of Adjudication." 


What this means is that a conviction for an offense is not entered on your criminal record, provided you successfully complete probation. Once you do, he charges are dismissed, and your criminal record is clear of any convictions. However, arrest records will still show that you were arrested. In order to get rid of these arrest records, you will need to pursue an expungement of your record.


Or put another way: Adjudication of your guilt will be "stayed," meaning that you will not be found guilty. However, you will still be placed on probation. Additionally, the Court may still impose probationary conditions that include local jail time, fines, community service, electronic home monitoring, or any other conditions the Court deems appropriate.

Now What?



If you are charged with any offense, and do not want to take the risk of going to trial, a stay of adjudication is the best way to avoid any conviction at all. Ideally, your Minnesota Criminal Defense Attorney will aggressively negotiate with the prosecutor in order to get you a stay of adjudication. With the right lawyer, you may be able to receive a sentence that will not impact you as severely throughout the rest of your life. 


If you've been charged with any criminal, contact The Rolloff Law Office today to discuss your case and the options available to you. Call (612) 234-1165.

Minnesota Driving While Texting (Explained)

One of the most disturbing things about being a Minnesota Criminal Defense Attorney is seeing people charged with crimes when all they've really done is fail to use a turn signal, or speed - when there are other idiots out there driving like maniacs, distracted by other things that are equally or even more dangerous than Drunk Driving.

After Sunday's expose in the StarTribune (link to article) about the perils of driving while Texting, I got to thinking about what other "distracted driving" issue were out there.

What is Distracted Driving?

Would you believe that eating food while at the wheel of a vehicle could be more dangerous than drinking or texting while driving? According to a study by the University of Leeds called “Two Hands Better than One,” this is exactly what researchers found based on observation of test subjects operating driving simulators.

The UK researchers measured reaction time while drivers negotiated virtual vehicles, and as it turns out, eating increased response times by 44 percent. In contrast, texting increased reaction time by 37 percent, and drinking a non-alcoholic beverage from a can or bottle increased reaction time by 22 percent.

And what about the one driving no-no that that nearly everyone agrees is undesirable – drinking alcohol and operating a vehicle? Drivers asked to operate the simulator who were at the U.S. “legal limit” of .08 percent blood alcohol content increased reaction time by 12.5 percent…

Common sense dictates that drivers can compound their chances for an accident if they do not self-govern and recognize their limits. And as the study indicates, a distraction can come in several forms – even ones that have been considered benign…

Much more could be said about this subject which the U.S. Department of Transportation has been up in arms about in recent years, labeling distracted driving an “epidemic.”

Now, I get it that Drunk Driving is dangerous. I'm not advocating that people do that. But what are our options when it comes to these other areas of distracted driving?

At the end of the day, nothing will come of it. The reason? There are no special interest groups formed by empathetic groups to lobby Congress to change all the rules. Not until someone is killed by someone texting or someone eating will someone stand up for harsher penalties - and even that won't change things (that's my guess - too many "upstanding" people would become criminals, much like the criminalization of Drunk Driving has done).

In the State of Washington texting while driving is a $124 ticket, and it doesn't even count as a moving violation. Talking on a cell phone is the same way. Eating while driving isn't illegal at all. Yet all of these activities are more dangerous than driving with a blood alcohol level above .08.

If you have questions about ANY legal dilemma - call the Rolloff Law Office today at (612) 234-1165.

Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.