Affordable Criminal Defense Lawyer (Apple Valley)

Unlike a trip to your favorite restaurant, you are unlikely to find - when visiting an attorney  - a flat rate for his services based just on the alleged crime committed.  Instead, as an experienced Apple Valley Criminal Defense Attorney, when I determine a total cost I lok at a number of factors.  

Why Do You Charge What You Charge?

Some common considerations --- that go into determining how much money you can expect to spend on your legal services include:

1. Your Case (Type/Level of Offense)

The largest factor in determining the cost of my services depends on exactly what you’re asking me to do. For example, hiring an attorney to get you out of an assault charge is going to cost more than paying him to get you out of a traffic ticket.  Another big factor is how much time I/we will need to spend reviewing, preparing and fighting your case. Again ... I'm not going to need a whole lot of time getting up to speed on a Driving After Revocation ticket; however, something like a DWI or a felony controlled substance crime charge --- that will often involve a lot more work.  

When we meet --- and I know what you want/need me to do --- and what I can do --- I should be able to give you an idea of how much time I'll need to get you that result at the initial, free consultation.


2. Experience

Often ... the more experienced an attorney is, the more money he is apt to charge you.  (And, going to an inexperienced may save you money at the outset, but if they can’t secure an outcome - that considers not only the short term consequences ... but, also looks at where you might be five-years down the road - you might end up paying more or getting a worse sentence in the end. 

As a former prosecutor, I saw many people overcharged and under-served.  I try to be fair ... because I know that not everyone has a ton of money to thrown at situations like this.  
   

In the final analysis ... money (although an important consideration,) should not be the only metric you use to gauge who might be the right lawyer for you.  Call or set up a FREE CONSULTATION with the Rolloff Law Office today.  I'll explain what I can do, and how affordable it can be.  Call: (612) 234-1165.

Minnesota Expungement Lawyer (Explained)

On May 14, 2014, Governor Dayton signed into law important changes to laws governing the sealing and/or expungement of criminal records in the State of Minnesota

Prior to the new law, in most cases, the Court was not allowed to expunge executive branch records. The new law fixes this problem and allows Courts to order executive branch agencies to seal their records.  Executive branch agencies include:

• The Bureau of Criminal Apprehension (“BCA”);
• The Minnesota Department of Human Services (“DHS”);
• The Minnesota Department of Health (“MDH”);
• Police departments;
• City and county attorneys’ offices;
• The Attorney General’s Office;
• The Board of Teaching; and
• County Sheriff’s offices.

Is this the chance you have been waiting for - to put you past in the past?  If so, contact an experienced Minnesota Criminal Defense Attorney to begin the process of expunging your record.  


The Benefits of an Expungement


The new law provides meaningful relief to individuals because the Court is able to seal both judicial and executive branch records.  This means individuals now have a chance to seal all records held by any agency. 

As some of you might already be well-aware --- employers and landlords frequently investigate an applicant’s criminal background as part of the hiring/leasing process.  And ... sadly ... individuals with criminal histories may be rejected from employment or housing because of the existence of these records, even if a charge was dismissed or the individual is rehabilitated.  

When a Court orders that criminal records are to be sealed/expunged, it means that all of the records are sealed from public access.  

If a Court Orders expungement of records held by the judicial branch, it means that the individual’s criminal record cannot be viewed or accessed through the state court website or at the Courthouse.  If a Court Orders expungement of records held by the executive branch, it means that the individual’s criminal record generally cannot be viewed or accessed at any of the above-listed agencies, so long as the expungement Order is directed to that particular agency.  

Gain this result and an individual with a criminal background will likely face fewer obstacles toobtaining employment and/or housing if both executive branch and judicial branch records are expunged.

Contact The Rolloff Law Office at (612) 234-1165 to discuss petitioning for the expungement/sealing of your court record.

Should I Hire a Minnesota Criminal Defense Attorney?

 

Let's hope you never need to ask yourself this questions: Do I Need to Hire an Experienced Minnesota Criminal Defense Attorney?  If you are pondering as much, maybe you should read this. 


Question #1

I have been arrested for a crime, should I go ahead and plead guilty to get it over with?

Answer: Being charged with a crime is serious and should be addressed as such.  One suggestions: do not plead guilty in an effort to just "get it over with." This strategy can lead to more severe consequences - in the short & long terms - than you'd often get. Even if you ultimately do want to resolve your case by entering a plea --- it is important that a lawyer is there to tell you if your punishment is fair. Also, depending on the type of crime you have been accused of, substantial jail time could be a penalty, as well as huge fines, asset forfeiture, and lifelong consequences. Pleading guilty without knowing all of this could leave you in a position that you had never thought possible.

Questions #2

Why should I hire a Minnesota criminal defense lawyer?

Answer. If you have been accused of a crime, the government has virtually unlimited resources to prosecute you. Whether that is a team of lawyers, scientists, law enforcement officers, crime scene technicians --- they will all be out to hold you accountable.  When you hire a skilled Minnesota Criminal Defense Lawyer, you are presented with the opportunity to fight any/every allegation against you. A skilled attorney can help guide you through what can be a complex and confusing legal system. 

Question #3

When should I hire a lawyer?

Answer. Time is of the essence.  It is important that you hire a lawyer as soon as possible. The moment you are arrested or caught up in an investigation, you need to make the call.  Whether it is three in the morning (or afternoon,) make sure to call an experienced attorney as soon as possible.

Question #4

Do you guarantee the outcome of my case?

Answer. Unfortunately, it is impossible to ensure results. As a matter of fact, it is against the rules for any attorney to guarantee the outcome. However, as a former prosecutor, I can promise that by hiring the Rolloff Law Office, you will get somoen to fight for you ... who will put in the work necessary to gain you the right result. 

Question #5
 
What does a criminal defense lawyer do for me?

Answer. There are several things that your lawyer can do for you:

• Provide representation while your case is being; investigated --- to maybe prevent criminal charges
• Challenge the evidence at a Pre-trial;
• Formulate a defense that could result in the charges being reduced or being completely dismissed; and
• Negotiate with the DA to work out the best possible outcome

Minnesota Welfare Fraud (Explained)

As an experienced Minnesota Criminal Defense Attorney I am asked many, many questions ... here are some answers about Theft/Welfare Fraud.

What is Minnesota Welfare Fraud?

There is no simple answer to this question ... as such fraud comes in many forms. The most common type is when someone fails to list information (or fills in the fork incorrectly) about their financial situation to the Department of Employment and Social Services. This could be include information regarding income, number of dependants/children or possession of properties and other items of value. 

Welfare fraud can also occur if someone pretends to be someone/thing else in order to receive benefits or if you continue to receive benefits that you know you are not entitled to.  Furthermore, welfare fraud occurs when you pretend to be injured or ill in order to abuse the system.

Accused?  What Next?

As with almost any theft related offenses, a permanent welfare fraud conviction may negatively affect you for the rest of your life --- making it difficult for you to obtain employment, a bank loan, or for you to rent/buy a home/apartment.  Additionally, you may be required to pay back the money, plus pay interest and penalties.   A welfare fraud conviction in the State of Minnesota may also lead to both jail or prison time and and fines.  This all depends on whether you are charged with a felony, a misdemeanor or a gross misdemeanor.

Should Hire a Minnesota Criminal Defense Attorney?

If you or someone you love has been accused of welfare fraud, the most important thing to do is contact a professional Minnesota fraud lawyer immediately. The sooner you make the call, the quicker an attorney can get to work handling your case. The more evidence that is gathered, the better your defense strategy may be --- and the less consequences you might face.  
   

The Rolloff Law Office has over a decades worth of criminal defense experience.  For the overwhelming number of our clients, charged with theft related offenses, we keep them out of jail.  Also ... we understand that restitution is going to be important - to secure a great outcome.  This is why we keep our fees low.  Call the Rolloff Law Office for a free consultation: (612) 234-1165

Hennepin County Drug Charges (Heroin)

Heroin ... all over the news these days ... is being reported as one of the more addictive drugs & its abuse is once again climbing. Law enforcement, law makers and the courts are not blind to this fact, and they are taking action.

If you or someone you love is accused of heroin possession in the State of Minnesota, there’s a good chance that you are scared - and rightfully so. Fortunately, an experienced 
Minnesota Criminal Defense Attorney may be able to help. 

Consider This

Minnesota is known for being tough on crime ... and Controlled Substance Crimes in particular.  Possession of heroin is a serious felony-level charge, no matter how much someone is accused of possessing. This means that a conviction could result in prison time, lengthy probation ... and all of the "crap" that goes along with being charged with a felony. 

Having had started out as a prosecutor, I have an insight into how these matters can and should be handled ... working to earn a   a positive resolution of your case.

Penalties

Possession of heroin is a felony charge, no matter the amount one is found to possess.  However, the actual amount does factor into  the charge you face and the potential consequences.  In the State of Minnesota, the law sets-forth these penalties:  

• Fifth Degree Possession (Less than 3 grams) - up to 5 years in Prison and $10,000 in fines;
• Third Degree Possession (From 3 - 5.9 grams)  - up to 20 years in prison and $250,000 in fines;
• Second Degree Possession (From 6- 24.9 grams) - up to 25 years and $500,000 in fines; and 
• First Degree Possession (25 grams or more) - up to 30 years and $1 million in fines.

Evidentary Issues 

There are many laws protecting your rights and dictating how the evidence gathered against you must be handled ... and if law enforcement fails to do their job correctly ... there are sometimes opportunities for your Minnesota Controlled Substance Crime Attorney to argue that it should be suppressed.

Example: If it can be shown that your rights were violated in the search or that the evidence was not properly handled, there may be cause to have your case thrown out completely.

Plea Deals

In many cases, a plea bargain is the best option for everyone involved. This is true ... if you admit some level of wrongdoing but want to avoid the worst possible penalties. Often, especially if this is your first offense, you can avoid prison time with a plea agreement --- you can even (maybe) keep this off of your record all together.  The terms of the agreement will be based on a variety of factors including the facts of your case, the prosecutor working on it, and your prior record.
   

The best criminal defense strategy for your case depends on a million different things ... all too often.  Working with the Rolloff Law Office, to develop this strategy, begins with a FREE CONSULTATION.  Call today to discuss your case.

Hennepin County Probation Violations (Explained)

So ... your case has been resolved .... and, as part of the settlement, you've been placed on probation.  Things were going good ... and then you slipped --- whether it was a bad UA or maybe a new criminal charge ... now you're facing a probation violation.  Now what?

Believe it or not Minnesota has some fairly generous sentencing conditions and first (heck, even second) time probation offenders can often have most or all of their jail time suspended - without going to prison - under certain conditions.  Yes, Virginia --- there are 2nd and 3rd chances ... but, you have to earn the,  This is where and experienced Minnesota Criminal Defense Attorney can be a good resource.  

What Should You Do?

Probation violations can come into being fast (and easily.) So, if there is talk - from your agent - that a violation is coming, you should be prepared to act as jail can happen. If you’re on probation, here are some very concrete steps you can take to avoid probation violations, or empower an attorney to beat a probation violation if one is filed. These steps can mean the difference between freedom and jail.

1. Maintain Your Own Record

One of the biggest problems Minnesota Criminal Defense Lawyers face when helping someone with a probation violation is a lack of memory and the absence of a timeline.  So ... you are best served by keeping track of every call, letter and contact you have with your agent.  One thing you might want to consider ... get your agent's email address and communicate that way.  Then, keep those emails.  

2. Don't Disappear 

The easiest way to avoid problems - aside from following the court's orders to a "T" is to (especially is there is an "issue") keep in contact with your agent.Believe it or not, the biggest problem have while on probation ... it is not the occasional "slip," instead ... it is failing to communicate with your minder.  DO that ... and HUGE problems can be avoided.  TIP: The probation officer has no obligation to track you down. You should immediately inform your probation officer IN WRITING of your new address or phone number.

If you have not heard from your probation officer in a while, don’t assume everything is fine. Be proactive. Contact them out of the blue at least once a month if you haven’t heard from them and ask whether there is anything they need from you. Write it down that you contacted them, and what their response is if any. No news is not always good news. If they can’t find you, they can violate your probation for lack of contact.

Do not miss meetings with your probation officer.  You should make meetings with your probation officer an absolute priority, as much as getting to work on time or picking you kids up from school.  Missed meetings can result in a violation.  If you’re in jail, you can’t work, and you can’t parent.  Put your meeting dates into your calendar on your phone and set alarms on it days in advance.  Alternatively, write them down on your wall calendar or in a day planner.

3. Know Your Drugs.

Many medications can result in dirty UAs ... so, especially if this is the result of a valid prescribed drug that you are on ... more than you word, your agent is going to want to see proof.  Tip: Keep information about your medications. 

4. Save a Lawyer's Number on Your Phone

You are not required to admit to your agent that you may have violated your probation.  If you even think you’re going to face a violation, call an experienced lawyer before it’s even filed or brought up at a meeting --- and let that person do the talking for you.  A good lawyer should be able to give at least preliminary advice for free, but you should be prepared and save money up for the possible need to hire one if you face a probation violation. 

Don’t take too many chances, this is your liberty I'm talking about.  If you have any questions, please feel free to call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Roseville & Maplewood Shoplifting Attorney

Many people are unaware of the serious consequences of a Minnesota Theft/Shoplifting conviction. 

Even if you have been charged with a misdemeanor offense, you may still face jail time and/or a fine. And, you may face problems in the future because employers, banks, professional associations, credit bureaus, colleges, universities and landlords may check your background before agreeing to work with you.

---

Because being charged with Shoplifting is serious - not only in court but also to your career and professional life - you should strongly consider hiring a Minnesota Criminal Defense Attorney.

Shoplifting is a serious crime.  Being charged with Theft, no matter how small the amount, can  negatively impact your life. If you have questions, call the Rolloff Law Office to get FREE ANSWERS --- (612) 234-1165

Hennepin County Juvenile Defense Attorney

 

As a parent, you want what is best for your child ... to ensure that their son or daughter is healthy, happy, and cared for and that he/she grows up to be a prosperous member of society --- right?  In some cases, however, children can make mistakes and may face criminal consequences as a result --- this is why you should consider seeking out the services of a Hennepin County Juvenile Attorney.  

When you hire a Minnesota Criminal Defense Lawyer, you will be working with someone who is going to work with you to pursue your child's case throughout the legal process.

Juvenile courts in the State of Minnesota have a goal of making sure that offenders are rehabilitated and released back into the community so that their future's are not compromised; however, in some cases, courts may try to make an example out of a child and prosecute them at the adult level. An experienced juvenile attorney can aggressively defend your child's case and pursue the best possible resolution for his or her situation --- in all of these ares: identifying and addressing any collateral consequences, possible issues related to probation, delinquency rights ... and keeping these matters out of adult court. 

Although this time in your child's life can be difficult, it is absolutely essential that you retain the representation of an experienced attorney to help you understand the juvenile justice process.

You do not have to face the Minnesota Juvenile courts alone, and when you work with the Rolloff Law Office.  If your child has been arrested or summoned to appear in juvenile court, do not hesitate to contact us now to set up a FREE CONSULTATION. Working with a lawyer can help make all the difference in the outcome of your child's case and can help provide him/ her with a sound future.  Call today: (612) 234-1165

Disorderly Conduct (Explained)

If you have been charged with disorderly conduct in the State of Minnesota, the implication is more than a you got a little bit rowdy or that a situation in which you were involved got out of hand.

Instead, a Disorderly Conduct charge can carry the possibilty of going to jail or a BIG fine and alleges that you have unreasonably caused a disturbance and breached the public peace.

However, there may be certain circumstances in the case that makes it possible for the case to be dismissed or the charges to be reduced. Reduced charges do not carry the same level of embarrassment or the penalties that the full charge would cause. The way to achieve this is through an experienced Minnesota Criminal Defense Attorney.

Disorderly Conduct (Explained)

It is possible for an act to be misconstrued as disorderly conduct or for it to be exaggerated. The following are examples of acts that result in disorderly conduct charges:

• Fighting and/or brawling;
• Disturbing a lawful meeting or assembly;
• Abusive behavior;
• Noisy or offensive conduct - consisting of abusive and obscene language; and/or
• Any act that is meant to cause alarm, resentment, or anger in others

There is a misconception that none of these acts are serious. The truth is that it is a Misdemeanor criminal offense can result in a fine and possible jail -- and a criminal record.

Consequences (Explained)

There are big consequences when it comes to looking for a job, schooling options, living arrangement or even having your friends and family finding out that you have a misdemeanor for Disorderly Conduct conviction on your record. First, they may believe that you are a belligerent person when you may not be. Second, they may think you cannot be trusted or that you will lose your cool. This is why you need to fight the charges, despite the misdemeanor status.

Your experienced Minnesota Criminal Defense Attorney will work with you to come up with a strategy that can result in you paying lesser penalties or even getting the charges dismissed. Even if you are convicted, it is best to have as few consequences as possible involved. When someone does a background check, they may also look to see what the outcome was. The outcome can have an influence on their perception of the crime. If you served no jail time, that is going to look better than if you did serve jail time. Your attorney fights for the best possible outcome.

Disorderly Conduct may not seem like a serious offense, but it is one that can result in a number of consequences - in the sort and long term. If you have been charged with Disorderly Conduct simply due to a misunderstanding or an action that has been exaggerated, you need to defend yourself. To do so, contact the Rolloff Law Office and get the information you need to provide you with a comprehensive defense. To learn more, call (612) 234-11653 for a FREE consultation.

Minnesota Drug Possession (Explained)

Possession of drugs is a serious crime, regardless of how much or how little you are caught with. However, as a Minnesota Criminal Defense Attorney, I know the ways to get out of this. 

Possession of drugs can either be considered a felony or a gross misdemeanor offense depending on the amount in your possession and the circumstances surrounding the arrest. All drug crimes are tried in a separate Minnesota court and follow a different set of rules. It is important that you seek legal advice from an experienced Minneapolis drug crime attorney as soon as you are arrested or accused of any drug possession crime.

POSSESSION OF DRUG CRIMES (Explained)

Here's a list of the possible charges the accused might face:

• Possession of narcotics with the intent to sell
• Possession of marijuana
• Possession of narcotics
• Possession of marijuana with the intent to sell
• Possession of certain chemicals with the intent to manufacturer
• Possession of drug paraphernalia

The penalty one could incur depends on a number of factors including how much drugs he/she had had in their possession, what was the intent of having this drug and what drug(s) were they actually caught with. One's criminal record may also play a role in their punishment. If someone has been convicted of any drug crime in the past, then he/she could be looking at more severe penalties this time around.  Penalties for drug crimes include fines and fees, community service, drug rehabilitation in some instances and jail/prison time.

Those under the age of 18 can also be charged with drug possession under the Minnesota law. This would be considered a juvenile crime and tried in a separate court of law. However, a juvenile can still face fines, probation, and detention time and community service for possession of drugs.

What Should You do?

Even the tiniest joint or minuscule traces of cocaine can end up on your permanent record. Furthermore, if you are found in possession of scales, a pipe or plastic baggies, you could also be arrested for possession of drug paraphernalia. The more drugs found in your possession, the worse your punishment will be, especially if there are suspicions that you were planning on selling the drugs. Possession of drugs for personal use is considered a lot less severe than possession of drugs with the intent to distribute. However, a crime is still a crime and will end up on your permanent record if convicted.

It is important to understand that just because you have been arrested for drug possession does not automatically make you a convicted criminal, or a bad person. There are a number of defense strategies to take when faced with a possession drug crime. If the drugs are not clearly in your possession (in your pocket), then there may be a case for mistaken identity. You could plead that the drugs found in your car or house were not yours. If the drugs were discovered during an illegal search and seizure that violated your right to privacy, then the evidence collected cannot be used against you.  Our firm will assess your case, gather evidence, consult with experts and determine the best defense tactics to take for your situation.

Don’t let one mistake ruin the rest of your life. The Rolloff Law Office is there when you need us most. It is important to act fast when facing an arrest and criminal conviction. I  can provide you with the aggressive representation and legal assistance you need to ensure the best outcome possible. Contact me today at (612) 234-1165.

The Difference Between a Misdemeanor & Felony (Explained)

As an affordable Minnesota Criminal Defense Attorney I get lots of questions --- here is one of the most common: 

What is the Difference Between a Misdemeanor and a Felony?

In the State of Minnesota you can be charged with a petty misdemeanor, misdemeanor, gross misdemeanor, or felony. With the exception of felony charges, the other criminal charge classifications dictate the maximum punishment a Minnesota court is allowed to impose upon a conviction. 

By contrast, felony charges, the most serious of criminal charges in Minnesota, are characterized as having a risk of imprisonment of at least one year and one day. Petty misdemeanors are the least serious of offenses charged in Minnesota, with no risk of jail.

Petty Misdemeanors are not a crime as the maximum punishment allowable by law is a $300 fine. Regardless of the nature of the petty misdemeanor, by definition, there is never any risk you will be subject to any jail sentence stemming from a conviction. Unlike more serious charges, there is no right to have a public defender appointed to represent you. Additionally, because a jail sentence is not allowable under the law, the verdict at a petty misdemeanor trial is decided by a judge, not a jury. Although petty misdemeanors are the least serious offense in Minnesota, a conviction is of public record, and accessible by employers, landlords, etc.

A Misdemeanor conviction in Minnesota carries a maximum punishment of 90 days of jail, or $1,000 fine, or both. Because there exists a risk of jail if convicted, you have a right to an attorney and to have your case decided by a jury of six of your peers if you are charged with a misdemeanor. Like all other convictions, you may be subject to collateral consequences above and beyond jail and/or fines as the conviction record is public.

Gross Misdemeanor convictions carry a maximum punishment of one year in jail, or a fine $3,000, or both

A Felony conviction carries at least one year and one day in prison, plus any associated fines. In addition to the prison sentence and fines resulting from a felony conviction, you will likely be subject to numerous other collateral consequences. For example, you may lose many important constitutional rights such as your 2nd Amendment firearms rights or your right to vote. Other consequences of a felony conviction include difficulty securing employment and housing. Although felonies are characterized by a sentence to prison of at least a year and a day, depending on your criminal history, the Minnesota Sentencing Guidelines oftentimes dictate that a prison sentence be stayed, conditioned on a successful probationary period and local confinement in a county jail or workhouse.

Bear in mind that, with exception of felonies, the punishments outlined above provide the maximum allowable jail and fines. However, even if you are convicted of a misdemeanor or gross misdemeanor, having an experienced criminal defense lawyer like J. Rolloff to advocate on for you typically results in a sentence substantially less than the maximum allowable sentences or no jail at all. Contact the Rolloff Law Office ---  24 hours a day, 7 days a week. For flexible and affordable payment options, confidential and personal service, aggressive representation and a free initial consultation, Call today: (612) 234-1165.

Affordable Attorneys (Explained)

Finding an affordable Minnesota Criminal Defense Attorney can seem an impossible task, especially during tough economic times.  Unfortunately, this results in many "not-rich: individuals being unable to secure private counsel, which has a number of downsides.  Not the least of which is that the "free" lawyers --- the Public Defenders find themselves overworked, and those accused of crimes find themselves losing faith in the justice system.

Thankfully, there are lawyers, like the Rolloff Law Office, who employ technology (among other cost cutting means) to keep costs down, which should translate to lower overall rates.

First, I maintain an electronic filing system.  Cloud computing has helped lower the risk of data loss, and if files are maintained electronically the attorney can save money on paper, ink and storage.  Electronic files are also easier to search, access, and share.

Second, I use the new e-filing system currently being implemented in many Minnesota courts.  The courts are notoriously slow, and the costs of running government centers and courthouses is enormous.  As a way to save costs, many counties have begun an electronic filing initiative called “e-file.”  Filing court documents electronically will save paper and ink, and help with office management.

Finally, but certainly not least, is the effect of modernity (meaning, my office isn't  a palace --- or a shrine to my ego) Trust me, fancy art on the wall might make you think the lawyer has his sh*t together ... but how does that accomplish your goals.  Seriously, I get just as much done - without having to feed my ego.  Shoot, with a phone, computer, printer and fax machine, a lawyer can accomplish everything they need.

Not all firms are up to date.  Buyer beware: a higher price doesn't mean a better result.  Higher fees might simply be the cost of antiquated methods rather than quality representation.

What Should You Do?

Get the most for your money.  Call today: Rolloff Law (612) 234-1165.  Free consultations... and agressive affordable legal representation.

Avoid a Minnesota DWI (After You've Been Pulled Over)

I don't think that anyone ever plans one being pulled over by the police for a DWI but if you are one of those types who likes to be prepare for every eventuallity, then here are some helpful tips.

Propbably more than any other criminal offense, law enforcement is often hard at work arresting people for Drunk Driving.  Believe you me, the cops are looking to make arrests and in the process often arrest perfectly innocent people or shortcuting  investigation to make their stats.

So what should you do to make sure you are not falsely convicted of a Minnesota DWI? 
Here are five practical tips you can follow to protect yourself and your rights:

1. Shut up!

The consitution affords you the right to remain silent; so use it.  It’s amazing how many people try to reason with the officer and end up talking their way into trouble instead of out of it.  Don’t tell them where you are coming from; don’t tell them where you are going.  Just give them the requested documents and identification information and stay quiet.

Sure, the police will try to pressure you to talk.  They may lie and say things like “Looks like you’ve got something to hide” or “By not cooperating you’re only making things worse for yourself.” Don’t fall for these lies and pressure tactics.  Politely answer: “Officer, I choose to use my right to remain silent”.
Remember, “ANYTHING you say, can and will be used against you in a court of law.” But, your silence can never be used in that manner.

2. Don’t Blow

The portable breath testing (PBT) machines that the police use in the field are very inaccurate. Even if you have had nothing to drink, the faulty technology in these machine can still produce an erroneous result.  The good news is blowing into them is 100% optional. So, refuse it.

Your refusal to blow into these devices cannot be used against you in the State of Minnesota  Granted, failure to do as much might lead to your arrest - but if the officer intended on arresting you --- then this test was going to be your saving grace anyway.  (Note: You you do have to submit to the request for a blood, breath or urine sample asked of you back at the cop shop.  If you do not, you maybe charged with a DWI Refusal.

3. Don’t Do the Field Sobriety Tests

Sometimes police officers will ask you to step out of the vehicle to perform some physical tests like the Walk and Turn, a one-leg stand and/or follow-my-finger-with-your-eyes test.  Like the PBT, these are also completely voluntary and can only cause you trouble.  Many sober people have physical conditions that may cause them to fail or they might be clumsy or nervous.   This is why you are better off staying put and refusing.

4. As Soon as Possible: Write Things Down

Make sure to take notes so you don’t lose track of important facts. Don’t give it to anyone.  Make sure to note the time of stop, where it was made, weather conditions, the name of the officer, names of witnesses and any other possible details.  Details win cases and the more you have the stronger your case can be.  (Believe it or not - law enforcement can be sloppy.  If they fail to dot their I's or cross their T's --- that could be your saving grace.)

5. Get a Lawyer. Fast.At the first opportunity possible call an experienced Minnesota Criminal Defense Attorney and get some answers.  Many matters in a DWI case are time sensitive and contacting a lawyer early on can greatly increase your chances of a successful defense.

DWI defense is one of the cornerstones of my practice. Please do not confused what I have offered here as a "get out of jail free" card.  Rather, I'm relating to you some of my knowledge from having had not only defended many DWI cases - but also the hundreds that I prosecuted.  I take Drunk Driving very seriously and encourage everyone to make responsible decisions.  I'm not encouraging people to drive while intoxicated. In fact, what I'm trying to do here is encourage innocent people to be aware of their rights and use them to protect themselves against false conviction.

If You need help call the Rolloff Law Office today - (612) 234-1165.  Take the next right step.