Minnesota Disorderly Conduct (Explained)

Facing disorderly conduct charges? You may want to consider employing the services an experienced Minnesota Criminal Defense Attorney to help. 


What is Disorderly Conduct?

Disorderly conduct charges can encompass a variety of crimes from yelling to fighting. Specifically disorderly conduct includes:

• Engaging in brawling or fighting
• Disturbing an assembly or meeting
• Engaging in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

What are the Penalities?

A typical, disorderly conduct charge is deemed a misdemeanor --- punishable by up to 90 days in jail and/or a $1,000 fine. 

If the person is a caregiver and commits disorderly conduct against a vulnerable adult, that individual could be charged with a gross misdemeanor, punishable by up to one ear in jail and / or a $3,000 fine. 

If you have questions or want to with a former prosecutor to help you with your case, contact the Rolloff Law Office and set up a FREE CONSULTATION: (612) 234-1165

Minnesota Criminal Defense - Get Free Answers? (Explained)

 

Before you commit to a lawyer ... personally and financially ... you should get information.  As a former prosecutor, and an experienced Minnesota Criminal Defense Attorney, I can give you a road map as to the where, what, who and why of your legal dilemma.  To make you feel comfortable, please understand that your first consultation is FREE. 

If you're considering meeting with an attorney, but you don't know if we can help, or if you can afford our high-quality personal service, contact the Rolloff Law Office now. 
  

We handle most criminal cases on a flat fee basis and accept credit cards. Because each case is different, after reviewing your case we will tell you up front if we can take the case and what it will cost. You then have the option of hiring us to deal with the case-at-hand.

I am straightforward and honest about what I can do to help and what it will cost --- only paying for what you need.  Call today: (612) 234-1165

Minnesota Domestic Assault (Explained)

In the State of Minnesota, Domestic Assault can be charged as a Misdemeanor, Gross Misdemeanor or Felony, and can have lasting negative consequences to the accused and his/her family. 
If you, or someone you know is charged with Domestic Assault, you should contact an experienced Minnesota Criminal Defense Lawyer to get answers and help you earn the best possible outcome in your case.

What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction? 

Domestic Assault No Contact Order (DANCO). Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is very common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the case has been resolved.)

Often the issuance of a DANCO order creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.

While DANCO orders can be lifted in some circumstances, it is not uncommon for the alleged victim of Felony Domestic Assault to remain at the property (even if they don’t own it) while the defendant in the case is forbidden to return to the property (even if they own it). In these situations, lucky defendants find family and friends to stay with while the Felony Domestic Assault case is pending. Unlucky defendants find themselves incurring expensive hotel or motel bills while the DANCO order is in place.

Anger and Chemical Use Assessments. Most judges will order an individual convicted of Felony Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well. 

After the assessment process is complete, the Judge (or probation) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.

Harm to Employment/Employment Prospects. Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.

Why you should contact Minnesota Domestic Assault Attorney Jay Rolloff?

I'm a former prosecutor with more than a decades experience in prosecuting/defending people charged with Domestic Assault. To find out how to resolve your case in the most favorable way possible for you, contact The Rolloff Law Office for A FREE CONSULTATION on your  Domestic Assault case. Call (612) 234-1165.

Hiring a Minneapolis Defense Attorney (Explained)

If you or someone you love has recently been arrested, accused or is under suspicion for any crime, then you’re probably going through one of the most frightening times you’ll ever experience. Don’t suffer without getting proper legal advice from an experienced Minnesota Criminal Defense Attorney.  

Why Hire a Lawyer?

The Rolloff Law Office is a Minneapolis-based Criminal Defense Attorney and Lawyer who can offer the right legal representation for the right price - for a whole host of situations.  

Don’t risk your credibility - your future - give a Minneapolis and Minnesota Criminal Attorney at (612) 234-1165.

CRIMINAL OFFENSES

The Rolloff Law Office has worked thousands of cases representing clients on any manner of matter.  With over 10 years experience in the legal court system, Jay Rolloff will provide you with compassion, dedication and personal legal advice when you need it most. He represents people Our clients facing:

• Violent crimes charges including assault, robbery and burglary;

• Sex crimes including criminal sexual conduct, rape;

• Drug offenses including possession of drugs, trafficking and transportation,sale of narcotics and manufacturing of drugs; and

• Other offenses such as DWI and DUI arrests, vehicular homicide, domestic violence. 

What's Next?
If you’re found guilty of any criminal offense you could face hefty fines, jail time, community service, mandatory counselling, loss of privileges or probation.

Even after you have served your time, you may have trouble finding work and accommodation with this black mark on your record – don’t let one mistake ruin the rest of your life.

There are several defense strategies to take when facing any offense. The Rolloff Law Office will assess your case, interview witnesses, consult with experts and determine the best defense tactics for you.

It is important to act fast when facing an arrest and criminal conviction.

Call today: (612) 234-1165

Minnesota DWIS (Mandatory Sentences)

The laws concerning driving while intoxicated (DWI) are quite strict in the State of Minnesota compared to other places in the nation. If you are convicted of a DWI, the judge has a great deal of discretion as to what your punishment will be. However, if you are a repeat DWI offender --- within a ten year period of an earlier convictions --- there are mandatory minimum sentences required by Minnesota state law that the judge must impose.  However, an experienced Minnesota DWI Attorney can help you avoid the worst of the worst.  

Mandatory DWI Sentences
It should be noted before we continue that in the eyes of the Minnesota DWI law, the term “in custody" can mean jail time, remote electronic alcohol monitoring (REAM) or home detention (EHM). 

The REAM program is primarily designed to keep offenders out of jail so they won’t lose their job. It involves random remote testing of the blood alcohol level through a breath analyzer. EHM is a type of intensive probation.

The following is a summary of the mandatory minimum sentences required for repeat DWI offenders:

Second Offense In a Ten Year Period

• 30 days incarceration minimum;
• At least 48 hours of incarceration must be served consecutively in a jail or workhouse; 
• 8 hours of community service must be added for each day less than 30 days that the convicted person does not spend in jail.

Third Offense In a Ten Year Period

• 90 days incarceration minimum;
• At least 30 days of incarceration must be served consecutively in a jail or workhouse

Fourth Offense In a Ten Year Period

• 180 days incarceration minimum
• At least 30 days of incarceration must be served consecutively in a jail or workhouse

Even with these limits in mind ... there are ways around them.  Before you go to court, on a Minnesota DWI --- make sure that you have all of the information necessary.  Call the Rolloff Law Office to set up a FREE CONSULTATION - (612) 234-1165.  

MN Defense Attorney - FREE ADVICE

As a Minnesota Criminal Defense Attorney I get a lot of questions ... here are some of them and some answers you might want to consider.

Do I really need an attorney?

In most cases the answer is “yes”.  A Minnesota Criminal Defense Attorney can assist in gathering all the relevant information and witnesses, analyze the police reports for constitutional violations, and help you navigate through the procedures for hearings and a trial.

Should I give a statement to the police?

Everyone wants to be able to tell their side of the story... however, there is a time and a place for that (all too often) - at a trial.  Although the police may act sympathetic, they are not on your side and any statement you give can be used against you later.  Until that point, only tell your side of the story to your attorney.

What is the difference between petty misdemeanors, misdemeanors, gross misdemeanors, and felonies?

A Petty Misdemeanor is generally a traffic offense such as speeding and carries a maximum fine of $300 with no possibility of jail.

A Misdemeanor carries a maximum possible sentence of 90 days in jail, $1000 fine, or both.  Charges such as theft, Disorderly Conduct, and first-time DWI offenses are misdemeanors.  Jail time is rarely imposed for misdemeanor offenses, but it depends on the facts of the case and the criminal history of the defendant.

A Gross Misdemeanor carries a maximum possible sentence of 1 year in jail, $3000 fine, or both.  Charges such as Driving After Cancellation, theft of over $500, and second or third-time DWI offenses are gross misdemeanors.  Jail time is commonly imposed for gross misdemeanors and is required by statute in the case of DWI gross misdemeanors.

Felony sentences are prescribed by statute but carry at least 1 year and 1 day of prison time.  Charges such as controlled substance crimes, burglary, and fourth-time DWI offenses are felonies.  Some amount of jail time is almost always imposed for felonies. 

What if I am charged with a felony?

Felony charges are the most serious crimes in Minnesota and carry the largest penalties including a potential prison sentence.  These cases are rarely as simple as they may look and an attorney’s assistance is crucial. A felony sentence will also generally carry with it years of probation, intensive supervision requirements as part of that probation, and a requirement that you provide a DNA sample to the State. 

The officer never read me my Miranda Rights, am I off the hook?

Probably not, despite the widespread use of the Miranda warnings in pop culture, it is only required in a narrow set of circumstances.  If the police want to interrogate you while you are in custody, they must read you the Miranda warnings.  That statement is far more legally complicated than it looks – get an attorney to advise you whether a Miranda violation has occurred.

Do to the all too high costs of hiring a lawyer ... a lot of people will ask me --- Shouldn't I just try to handle this case myself?

Probably not --- and I am not saying this because I am a lawyer   Consider that, in the courtroom the judge is not on your side and cannot advise you how to proceed with your case.  The prosecutor is not on your side, in fact, he or she gets paid to convict you.  Therefore, you need someone on your side who can offer informed advice about how to proceed in your case.  Surely you would seek the expert help of a doctor when you are sick.  A criminal charge is no different – get an expert on your side.

Need more answers - call The Rolloff Law Office: (612) 234-1165

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

What To Do When you're Arrested (Explained)

Almost every cop show on TV has suspects doing the exact opposite of what an experienced Minnesota Criminal Defense Attorney would recommend you do in the same situation.  Another way TV and real life are not remotely alike ... bummer.

Here's What You Should Do

To avoid any unnecessary drama, if possible, you should do the following if you're ever arrested:

1. Remain calm.
2. Do not resist arrest. Minnesota law does not allow the right to resist an arrest, even if you believe it to be an illegal one. 
3. Do not make any statements to the police. Anything you say can and will be used against you in court. Your actions, if arrested, should be simply to say: “I would like to speak with my attorney.” This is your legal right, and the only thing you should say. 
4. Never lie. You are under no obligation to speak to law enforcement authorities. However, if you choose to speak to them, you are obligated to speak truthfully. If it can later be shown that you provided false information, you could be charged with making false statements or aiding an offender to escape arrest or prosecution. 
5. Do not give permission to search anywhere. If the arresting officer asks, it’s generally because he/she knows that they don’t have the right to search and need your consent. If you are ordered to hand over your keys, state that they do not have your permission to search. 
6. Do not believe what the police tell you in order to get you to talk.The law permits them to lie to a suspect in order to get you to make admissions. 
7. Do call your lawyer. You do have the right to make a local phone call and the police cannot listen if you call a lawyer. 
8. Do not invite the police into your home nor should you “step outside.” If the police believe you’ve committed a felony, they usually need an arrest warrant to go into your home to arrest you. If they ask you to step outside, they no longer need a warrant. Simply state that you’re comfortable talking right where you are. 
9. Do not accept an offer by police to let you go inside if you are arrested outside. When the police escort you inside, they’ll likely conduct a search without a warrant. Decline offers to secure your car safely for the same reason. 
10. Do have cash on hand to make bail. If you don’t and you are arrested on a Friday night, you’re in for a long week end in jail.

The truth is - in situations like an arrest --- the cops are not your friends.  They have a job to do --- and all too often that gets in the way of their ability to access common sense.

If you or someone you live needs help --- call a lawyer!  Get free answers by calling the Rolloff Law Office: (612) 234-1165.  

Minnesota Traffic Stops - (Explained)

Late last year, MPR reported that Minnesota Lynx player Seimone Augustus was stopped for having an air freshener hanging from her rear-view mirror.

Now, technically, this is against the law. And as a result, the police can conduct a stop for any violation of the traffic laws, "however insignificant."State v. George, 557 N.W.2d 575, 578 (Minn. 1997).

As a practical matter, the police often use minor technical violations as a reason to stop a person in the hopes of getting information or evidence relating to a more serious matter.

As a Minnesota Criminal Defense Attorney, I can tell you that tiny infractions like this turn out to be BIG problems.  Here are some (IMHO) helpful suggestions if you're stopped by law enforcement:

1. Be polite and respectful;
2. Do provide your identification and proof of insurance, if asked; and
3. Understand that you do not have to answer incriminating questions or make statements admitting that you broke the law.

If you have been stopped and issued a citation or charged with a crime, please contact the Rolloff Law Office so we can discuss how we can help.  Call today: (612) 234-1165.

Minnesota Criminal Law (Bail) Questions (Answered)

If there's anything I know about the Minnesota Criminal Justice System it is that people (even experienced Minnesota Criminal Defense Attorneys) have questions lots and lots of questions.  Here are some of the most common about BAIL - along with some answers.  If you or someone you love is caught up in a legal dilemma --- feel free to get more information by calling in the Rolloff Law Office - today: (612) 234-1165.


What is bail?

Bail is money or other property deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. If the defendant does not come to court when required or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. If the defendant makes all of his appearances, the bail is returned when the case is over.  In addition to getting someone to come back to court, bail also serves to protect public saftey - so says the government.  

What happens during a bail hearing?

Upon arrest, the accused appears before a magistrate or judge for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:

• Your Own Recognizance - This is the defendant's verbal promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
• Conditional Release - This release, pending court appearance, is based on the defendant's written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to contact the probation department periodically, in addition to other conditions which might be set by the judge.
• Bail Bond - This is secured by either a cash deposit or a pledge by a third party, who provides the cash to guarantee that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit the cash in the event the defendant does not appear in court on the date set.
• Ineligible for Bail -The bail decision may be appealed to a judge who re-examines the evidence. A violation of any agreement of release pending court appearance can result in the issuance of a bench warrant to arrest the person.

All too often defendant's get one chance to persuade the court as to bail/conditions of release.  Therefore, it can't hurt to have an attorney assist you or someone you love with the process.  Call the Rolloff Law Office, today, at (612) 234-1165 and get help.  This is not a "do-it-yourself" game --- trust me.  

Minnesota DWI Bails (Explained)

The term “bail” refers to money in an amount determined by a judge and based on certain facts in a given case that is sometimes one of the conditions of release that an individual facing criminal charges may have placed on him pending his next court appearance in a case.  There are some cases in which the accused is allowed to be released on his own recognizance, meaning he must simply remain law abiding and stay in contact with his Minnesota Criminal Defense Attorney and make his or her next court appearance in order to be released.  Almost every cases in Minnesota involve conditions of release and/or bail. 

Minnesota law states that if a bail amount is set as a condition of release - the judge must set two bail amounts, one that is based on the individual keeping other conditions of release – like wearing an alcohol monitor – as well as an amount that is unconditional, and based on the individual not having to maintain any other conditions while released pending his or her next court appearance.  In some cases bail is Mandatory.

Mandatory Bail 

Minnesota Statute Section 169A.44 states that mandatory bail, imposed as either conditions of release plus a lesser amount of bail or as the maximum amount of bail and no conditions, must be imposed in order for a person to be released pending his or her next court appearance if any of the following facts apply to a Drunk Driving offense that is other than a fourth degree DWI; specifically cases where there was a BAC of over 0.20; there was a test refusal; there was a child under 16 present in the vehicle; or the DUI occurred while the person’s license was cancelled as inimical to public safety (IPS).   

Minnesota Statute Section 629.471 outlines the amount of bail that is the maximum a court can impose for any given charged crime in Minnesota.  Basically, this law states that, with a couple exceptions, a person charged with a misdemeanor or gross misdemeanor, the maximum amount of bail that can be set is double whatever the highest cash fine that can be imposed for that offense is.  So, if a misdemeanor carries a maximum $1000 fine penalty, the maximum amount of bail that can be set for that offense is $2000. 

There are a few exceptions.  For misdemeanors and gross misdemeanors under Sections 169.09 (hit and run accidents), 169A.20 (DUI/DWI charges), 171.24 subdivision 5 (driving after cancellation, inimical to public safety), or 609.525 (transporting stolen goods into the state), the maximum amount of bail that can be set is four times the maximum cash fine penalty.  Also, for charges of assault, domestic assault, domestic abuse, or malicious punishment of a child, the maximum bail is six times the applicable fine. 

As for felony Drunk Driving charges, Minnesota Statute Section 629.471 specifically states that it does not apply.  The maximum cash fine penalty for a first degree, or felony, DWI is $14,000, according to Section 169A.24.  However, the maximum bail amount that can be set for a felony DWI is $12,000, just like for a gross misdemeanor DUI.  This is the amount the bail would be if there were no conditions of release accompanying the individual’s release pending his or her next court appearance in the case.

Unconditional and Conditional Bail Amounts and Degree of DUI Charge

 Anytime the bail amount imposed is less than the maximum, there will be conditions of release that apply.  If the circumstances in a Drunk Driving case that includes any of the following, the release conditions will almost always include the condition that the person agree to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements.  These circumstances include: 

• a third implied consent violation is ten years, 
• a second violation if under age 19, 
• a violation while cancelled as IPS, or 
• a violation including a BAC of over 0.20.  

Also, if charged with the fourth or more DWI in a ten year period, a person will face additional conditions such as: impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven; a requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and a requirement to reimburse the court for these services upon conviction for the crime.

In sum, if you are charged with a second or first degree DUI/DWI, you will be subject to mandatory bail.  You and your Minnesota Criminal Lawyer will need to decide which combination of conditions of release and bail amount are in your best interests, based on the facts of your individual case and your current life circumstances.  Remember, that while the maximum bail amount applies if there are no conditions on someone’s release, which seems like it would be the most expensive option, sometimes the conditions of release that accompany the lower bail amount are more expensive – for example, the alco-sensor anklet can end up costing more over the course of the several months the criminal case takes to be resolved than posting the maximum bail amount may cost.

Getting your Minnesota Criminal Defense Attorney involved as early on in your case as you can is the best thing you can do to protect your rights and ensure that if there are applicable bail arguments that could help you, those arguments are made at the appropriate time to the court on your behalf. Call the Rolloff Law Office today and get FREE Answers: (612) 234-1165.

Minnesota DWI FAQs (and Answers!)

As a Minnesota Criminal Defense Attorney -- I get lots and lots of questions about DWIs.  Here are some of the most common - and some no non-sense answers.

1. What Is The Difference Between a DWI and a DUI?

In Minnesota, there really is not a difference. The term DWI is technically more accurate as to describe the charge as Minnesota Statute 169A.20 describes the offense as Driving While Impaired, which encompasses driving under the influence (DUI) of various substances, including alcohol, drugs or other intoxicating agents. The statute also covers the offense of driving with unacceptable amounts of these various substances in your bloodstream.

2. What's a Pretrial / Omnibus Hearing?

Before a trial, your Minnesota DWI  lawyer will file motions. These motions address various constitutional issues. They may include:

• ·                    The reason your car was stopped;
• ·                    Whether the officer had a reasonable basis to pull you over;
• ·                    Your legal right to counsel;
• ·                    Whether the officer performed the required Miranda rights;
• ·                    Whether there was probable cause for your arrest; and/or
• ·                    Other specific issues related to your case.

These motions take place at court hearings referred to as Pretrial or Omnibus hearings. Police officers, jail staff and / or defendants sometimes offer the Judge their testimonies during these hearings. Depending on your specific case and situation, you yourself may even be required to testify. If the Judge grants the motions from your DWI lawyer the case may be dismissed. If the Judge rules against the motions the case will be scheduled for trial. According to Minnesota law, the Judge present at your hearing must issue a ruling within 90 days of this hearing, determining how your DWI or DUI case will proceed.

3. What Will Happen at a Trial?

You have the right to request a trial by jury when you are charged with a DWI. You can expect the trial to last 1-2 days, and the jury to be to 6 individuals residing in the county in which you have been charged. If however you already have 3 DUI or DWI convictions within the last 10 years, you will go through what is called a felony jury trial. In Minnesota, a felony trial means you have the right to be judged by a jury of 12 individuals from your own county.

The first step of any trial is the selection of the individuals who will make up the jury. Jury selection takes several hours, as your attorney will do his or her best to find jury members that will be impartial and that will be able to view the information and testimony in the case in a fair and neutral way.  Once the jury is selected, the Prosecutor in your case will make his or her opening statement, explaining to the jury their understanding of your case and the reason why you should be guilty of driving while impaired or driving under the influence. It will then be your attorneys turn to make his opening statement. He will take advantage of this time to show the jury what problems and flaws he sees in the Prosecutors case. This might include showing that the Intoxilyzer test was inaccurate, that the blood draw was not performed properly or any other process that might not be valid depending on the specifics of your case.

Once both attorneys have made their opening statements, witnesses will be called to testify. These witnesses might include the police officer who arrested you, the individual who performed the Intoxilyzer test and any other person the Prosecutor believes will convict you of a DWI or DUI. Your lawyer's approach during this time will be to get involved in the questioning process and point out inconsistency in each of the witness testimony.

Once the Prosecutor is finished presenting his or her case, it will be your turn to call witnesses to the bar. These witnesses will be called to help show that you are not guilty of committing a DWI and might include individuals such as eyewitnesses, passengers who were with you at the time of the arrest, or a blood alcohol expert who can explain why the test was not performed properly and should therefore be disregarded. At the end of testimonies, both your lawyer and the Prosecutor will make their closing statements and the members of the jury will be asked to proceed to the Jury Room to deliberate on your case. This means they will review the evidence and testimonies of all the witnesses, discuss the Prosecutor and your lawyers arguments and ultimately come to an unanimous decision on whether or not you are guilty of the crime for which you were charged.

As you can see from these proceedings, a jury trial is not a simple process. This is an outline of how processes go for the most part, but as every trial is different, many twists and turns can influence whether or not you will walk away free and without conviction. This is why it is extremely important that you contact a lawyer specializing in DUI and DWI cases as soon as possible. Not just any generalist attorney can successfully navigate the complex and intricate laws that are specific to DUI and DWI cases. Thankfully for you, in Minnesota, you can count on the expert advice and representation that the Rolloff Law Office has to offer.

4. What if I Don't Want a Trial (Negotiations) ?

Many cases do not go to trial, as they are settled by entering into plea bargains with the prosecutor or dismissed at the pretrial or omnibus hearing.  If the case is not dismissed at the pretrial often times it will be beneficial to consider negotiations.  During negotiations, your attorney will speak with the Prosecutor and point out the problems, flaws and gaps he or she sees in the Prosecutors case. In order for negotiations to turn in your favor, and hopefully avoid you having to go to trial, your attorney must be extremely skilled and experienced in handling DWI and DUI cases.

The best outcomes in negotiations literally come down to how well your attorney can study and take apart the Prosecutors case to prove to them that they will not get a conviction by going through trial, and to convince them that it is better for everyone involved to settle the case outside of the courtroom through the negotiation process. 

If you have been charged with a DWI call the Rolloff Law Office without delay. We will offer you a FREE consultation and will be happy to put our years of experience in (both defending and prosecuting) DWI cases at your service to help you put this experience behind you and move on with your life.  Call today: (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

Minnesota Criminal Defenses (Explained)

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

Didn't Do It

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

Reasonable Doubt

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

Alibi

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

Self-Defense

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

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

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

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

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.

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.