Showing posts with label prosecutor. Show all posts
Showing posts with label prosecutor. Show all posts

Tuesday, December 29, 2015

Minnesota No Contact Orders (Explained)


 
Unfortunately, domestic violence is an all too common occurrence in the State of Minnesota. If you or someone you love suddenly find themselves charged with a crime --- or is in need of an order of protection --- you need to understand what you’re up against.  This is why you should contact a Minnesota Defense Attorney.

What You Need to Know

A very common occurrence --- when someone is charged with domestic violence crime is that the accused is prohibited from having contact with the complaning witness --- this can also include their residence and their family.  In Minnesota --- this can come in the form of a DANCO (Domestic Abuse No Contact Order) and/or OFP (Order for Protection.)

Violate one of these orders and one can find them-self facing even more charges.  Therefore, it is vital that him/her understands what the different kinds of orders require of you.

What These Orders Prevent One From Doing

 

Once a judge hears the case, she will decide on which type of protective order to make and the stipulations thereof --- including:  
  • A prohibition from going near your own home (if the alleged victim continues to reside there), the alleged victim’s workplace, and possibly your children’s school(s);
  • Removal of custody of your children (or limitations in your rights);
  • Payment of spousal support to your accuser;
  • Restitution for domestic assault, including payment for injuries;
  •  Awarded divorce and termination of spousal rights;
  • Mandatory counseling/therapy; and 
  • Anything the judge deems necessary. 

If You Fail To Follow The Order

Breaking a protective order is punishable by law, and in most cases will earn you criminal charges . If a protective order is issued against you and you don’t understand it, the best thing you can do is talk to a knowledgeable domestic violence lawyer who can explain what you are up against and tell you your options. 


 
The Rolloff Law Office is a Minneapolis-based criminal and defense firm known for fighting aggressively for its clients and utilizing tactics honed while serving as a prosecutor.  Call to set up a FREE CONSULTATION - today - (612) 234-1165 

Monday, December 1, 2014

Minnesota DWI - Filed Sobriety Tests (Explained)


A Minnesota law enforcement officer, after pulling over a driver for suspected of drunk driving, will usually say something to the effect of “I need to have you step out --- and do a few tests to make sure you are okay to drive."

The sad truth is, the driver is (usually) not told that he/she has the option to refuse those tests.  

Filed Sobriety Tests (The Truth)

Almost always, the purpose for the Standardized Field Sobriety Tests (SFSTs) is to gather evidence against you to be used at trial --- not to "prove" that you are not under the influence. 

Here's what you need to know: there are (at least)  two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose an experienced Minnesota Criminal Defense Attorney gets the test kicked out? The government can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFSTs. 

They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 


If you do not perform the tests ... especially if you decline to offer of a sample of your breath (on the side of the road for the the preliminary breath test (PBT) ... the officer can place you under arrest, transport you back to the police station and ask you give a sample of you blood, breath or urine.  

You have no duty to make the cops case for him. 

If you need help with a DWI arrest, contact the Rolloff Law Office for FREE ANSWERS.  Call today: (612) 234-1165

Friday, March 8, 2013

Minnesota Attorney-Client Privilege (Explained)



Did you know that if something you say can be overheard by anyone other than your lawyer, what you are saying can be used against you in a court of law? Did you know that certain emails are not automatically confidential – even if you’re sending the e-mail to your lawyer? 

The attorney-client privilege is a powerful tool that becomes available to you from the moment you first consult with an experienced Minnesota Criminal Defense Attorney about your case; the privilege becomes more protective and comprehensive as soon as you hire your attorney. 

What is it?

The attorney-client privilege basically states that anything you tell your lawyer in the course of your lawyer’s representation of you is confidential and cannot be revealed by your lawyer to anyone without your consent. 

When Does it Apply?

The attorney-client privilege also applies to all information relating to your representation, whether provided to you attorney by you or by any other source – including the prosecutor. This privilege exists because the law recognizes that trust is a hallmark of the attorney-client relationship and that only through communicating fully and frankly with his or her attorney can an attorney represent his or her client effectively. 


When you are communicating with an attorney about your case, if your conversation can be overheard, it is not confidential. This is why the Rolloff Law Office recommends that you don’t speak to your friends and family about the facts of your case – because you never know who else could hear your conversation, or where that information could end up. This is also why we prefer to speak with you on the phone or in our office: Telephone conversations and in-person office conversations ARE confidential, privileged communications and CANNOT be used against you. 

If you've recently caught a criminal case - call today to set up a FREE CONSULTATION: (612) 619-0262

Wednesday, December 26, 2012

MN Assualt Chrges (Explained)



Assault is defined as the intentional use of violence and force on another person in order to cause bodily harm, or putting that person in fear of being harmed. There are many different types of assault crimes such as stalking, harassment, battery, assault with a deadly weapon, terrorist threats, sexual assault, child abuse and domestic assault. Depending on the circumstances of the case, it can be charged as either a misdemeanor, gross misdemeanor or felony offense. 

Domestic assault is the act of physically harming, threatening or harassing a family member such as a spouse or blood relative, someone with whom you live, a boyfriend, girlfriend, or domestic partner.

As a Minnesota Criminal Defense Attorney, I have worked on hundreds of cases like these.  As a former prosecutor, I can tell you they are tough for the state to prove; however, without a good lawyer by your side - you could be in for a heck of an uphill battle.  

Degrees of Assault

First Degree Assault: This crime is charged when the alleged victim is inflicted with great bodily harm or if the offense is committed against a peace officer.

Second Degree Assault: The defendant may be charged with this offense if a dangerous weapon is used in commission of the crime.

Third Degree Assault: This crime is charged when the defendant assaults another person and causes substantial bodily harm, or if the defendant is accused of assaulting a minor. It is a felony to assault a child under 4 years of age.

Fourth Degree Assault: This charge is a gross misdemeanor that results from assaulting a police officer, fire fighter, or emergency medical personnel in commission of their jobs.

Fifth Degree Assault: This crime can be charged when a person intentionally commits an act to cause fear of immediate bodily harm or death to a victim, or if they intentionally inflict or attempt to inflict physical harm upon a victim.

The Consequences of Conviction - Criinal and otherwise

A conviction in an assault case can result in:

  • Imprisonment
  • Fines
  • Restitution
  • Anger management classes
  • Mandatory counseling
  • A restraining order
  • The loss of your rights to own and possess fire-arms --- forever!
  • Child custody problems (domestic assault)
There are various factors that will determine the harshness of the sentencing, including the severity of injuries resulting from the assault, the use of a deadly weapon such as a gun or knife in the assault (aggravated assault), and the person's prior criminal history.


What Should You do?

If you have been charged with assault, a knowledgeable law firm should be contacted immediately for assistance. Any type of assault case requires immediate intervention by a skilled lawyer who can protect your rights. The Rolloff Law Office offers highly skilled assistance with assault cases, including domestic assault. We are well-versed in assault laws and can provide the qualified and knowledgeable legal representation you will need when fighting domestic assault charges.  Want FREE ANSWERS? Call today: (612) 234-1165.

Friday, December 7, 2012

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.

Wednesday, August 15, 2012

How to Hire a Minnesota Criminal Defense Attorney (Explained)




Being an experienced Minnesota Criminal Defense Attorney, I meet lots people who are looking for a help with a criminal case. Many times, the need is urgent because someone in their family was just been arrested, or they hear that there is a warrant out for their arrest. In those circumstances, there can be almost a panic to hire a lawyer. So how do you do it?

Factors

First, and this may seem obvious but it is surprising how many times people miss it, make sure that the lawyer you are talking with handles criminal cases. Just because some attorney handled your divorce or the closing on your house does not mean that lawyer would do well in a criminal case. Nevertheless, one of the best places to start is with lawyers that you may know. Ask them who they would hire for the type of case.

This part is also important. Not all criminal defense lawyers handle all criminal cases. Federal law, for example, is generally dramatically different from state law. Make sure the lawyer can handle your type of case.

Second, should you find out the fee before you go to see the lawyer? That depends. If you are pressed for time or you know that you are going to hire a particular lawyer, it is a good idea. On the other hand, if you have some time, I would recommend seeing several lawyers. Law is an art, not a science, and there are several different ways to approach the same problem. You should go with a lawyer you are comfortable with. To know who that is, you should visit a few. You should also hire a lawyer whose direction or outlook is the same as yours. Stay away from lawyers that try to push you into a particular choice of action, such as pleading or trial, without knowing a great deal about the case.

Three, stay away from lawyers that promise really good results. Good results can happen, but even the best lawyers do not always get the results they want. The reality is there are three types of cases: cases easily won (acquittal), cases easily lost (conviction), and cases in the middle. Every client wants to think that their case can be easily won. That is not the case. Good lawyers will have higher winning percentages, all things being equal, of the cases in the middle. Cases easily lost are cases in which the evidence is rather strong and you might want to really consider a plea bargain. Some lawyers are better at trial than at negotiations. If you are not familiar with the evidence that will be presented against you, you should be prepared for all possibilities. Sometimes it is better to hire a lawyer who can negotiate a good deal for you rather than a fire-breathing trial monster. If the evidence is overwhelming, you may want someone who can minimize potential jail or prison time. A trial monster may not be such a person. On the other hand, you may decide that you are going to trial no matter what. In such a case, get the trial monster.

Fourth, if you do have some time and have been able to talk with several lawyers, you will most likely wind up with more than one lawyer you are considering. If that is the case, go with the lawyer that you felt the best about.


What You Can Do Now

You (or a family member or a friend) are about to go through a pretty traumatic and rough experience. While the tips I've given above will help you decide who is qualified, there is realistically no way I can tell you who you would be best hiring. You would do well to go through this experience with someone you get along with.

Call the Rolloff Law Office today to set up a FREE Consultation --- (612) 234-1165

Thursday, March 1, 2012

Minnesota Criminal Defense Lawyer's Job (Explained)


It's often said that an experienced Minnesota Criminal Defense Attorney must wear many hats ... If you’re looking to hire a criminal defense lawyer, you don’t want someone who is known for his or her litigation skills, you want the best criminal defense lawyer in Minnesota.  With so many excellent attorneys to choose from in the region, how do you narrow down your selection and hire the one that can “do it all?”

There are plenty of articles about choosing a criminal defense lawyer, and at first glance many of them seem to be giving credible advice, at least until you notice the list of paid attorney listings below.  When you make a decision that could impact the rest of your life and try to find an attorney who will win your case, it’s a lot more involved than finding the one closest to your home.  As you already know, a conviction for a violent crime in Minnesota carries some serious penalties, perhaps even time in prison.  You will want to have the best attorneys fighting for you, both in the courtroom and behind the scenes.

To put it simply, unless you are qualified to work with a court-appointed lawyer, it will be your responsibility to look for the best criminal defense lawyer for your case.  This is one of those times where saving a few dollars and representing yourself is not recommended.  No criminal case is exactly like another, so it’s impossible to read up on your case and quickly learn how to present your case.  Experienced attorneys know all about the twists and turns, legal precedents and rules of the courtroom.  As a former prosecutor, I also offer something many of my colleagues in the defense game can't give you - that insider's perspective that comes with working for the DA.

Some Suggestions
Look for a criminal defense lawyer who can do the following to help your case;
  • Work with you to negotiate a deal with the prosecutor.  Also known as a plea bargain, these deals can often reduce or eliminate a potential prison sentence, as well as many of the charges that were brought against you;
  • In the event that you are found guilty, figure out an ideal sentencing program that will prevent you from ending up in the criminal justice system again.  This may include rehabilitative programs such as drug or behavioral treatment plans and 
  • Navigate the Minnesota criminal justice system and educate you about the written and unwritten rules and court rules that must be followed throughout your case.


Who You Going to Call?

An experienced Minnesota Criminal Defense Lawyer can do all of the above - and more.  Find out more about me by calling the Rolloff Law Office today to set up a FREE consultation.  Dial (612) 234-1165.

Saturday, February 18, 2012

Minnesota DWI Court Process (Criminal Cases)



Minnesota Drunk Driving cases - once they end up in court - go down a couple of different roads.  If you are arrested for DWI, not only will you be subjected to the possibility of criminal consequences but in another proceeding (unrelated to the criminal charges) you'll also be faced with the dilemma of losing your driving privilege. 

Here, we'll cover the criminal case DWI process - in another post I'll describe the civil case process.  Of course, this is but a rough out line of what you could face - as each Minnesota DWI case is different.  If you've been arrested for Drunk Driving, your best bet is to speak with a Minnesota Criminal & DWI Attorney about your unique options.

Minnesota DWI Criminal Process
Throughout your case, you may be required to attend a number of court appearances. 

1. The Arraignment

This court appearance is the first court appearance scheduled when the crime being charged is a misdemeanor or lesser offense --- not a gross misdemeanor or felony.  Your presence at this appearance may or may not be required depending on the county and/or court in which you are being asked to appear. 

If you are charged with a misdemeanor DWI, you can often avoid appearing for this first court date by hiring an experienced Minnesota DWI Attorney.  If your appearance is necessary, this is simply an opportunity to either:  (a.) enter a plea of not guilty and schedule a pre-trial (explained below) or (b.) attempt to resolve your case either through dismissal of charges, plea negotiation or other available means. 

 2. Pre-Trial Hearing

This "2nd" appearance goes by a number of different names.  Generally speaking, your presence at this appearance is required. In short, this court appearance is simply to determine if the case can be resolved without the need for further court appearances. 

This appearance is an opportunity for your attorney to:  (a,) speak with the DA about the status of the case and possible resolutions; and/or (b.) arrange for the exchange of additional evidence; and/or (c.) schedule a Contested Probable Cause Hearing (explained below); and/or (d.) schedule the matter for Trial.  In any event, typically no evidence is presented at this hearing and no witnesses need be present.

 3. Contested Probably Cause Hearing

Again, your presence at this court hearing is often required.  At this hearing, your attorney will either:  (a.) request that the Court dismiss all or some of the criminal charges against you; and/or (b.) request that the Court not allow the prosecution to admit some or all of the evidence against you (which can sometimes lead to the dismissal of the charges referenced above). 

Normally, this court appearance will require the presence of any arresting officer or other persons who participated in gathering any evidence that would be offered by the opposing party against you.  On occasion, it may be necessary for your attorney to arrange to have witnesses (who can testify on your behalf) to participate at this court appearance.

4. Trial

Your presence at this court appearance is definitely required.  At this appearance, your case will either be resolved (discussed in general in the Arraignment section above) or continued to a trial.  You have a Constitutional right to have a trial before either (a.) a jury of your peers or (b.) a Judge In either event, you are presumed innocent unless and until the prosecution meets its burden in proving all the elements of the crime charged beyond a reasonable doubt.

5. Sentencing
Your presence at this court appearance is also required.  At this court appearance, the Judge will hand down your sentence (if you have plead guilty and/or have been convicted,) which may involve the stay of imposition of time in jail, fines and other conditions of which you must abide by during the term of your probation.  An experienced Minnesota DWI attorney may be able to negotiate an alternative to jail - such as treatment, Electronic Home Monitoring, release programs or community service.  If your case comes to this, we'll have an opportunity, prior to the sentencing, to discuss the possible outcomes.


Before any of what is set-forth above, if you have been arrested for a DWI, you owe it to yourself to speak to an attorney to learn what's in store for you.  Call the Rolloff Law Office today - at (612) 234-1165) - to speak to someone who knows what you'll need to know.  All initial consultations are FREE - so do it!

Tuesday, February 7, 2012

Minnesota Domestic Assault Charges


Domestic violence is one of the ugliest crimes, because it occurs between people who are supposed to love and respect one another.  Often, it can be used as a form of manipulation and control, leaving long-term scars on its victims, but unfortunately unfounded allegations of such activity can have lasting effects on the falsely accused.  If you've been charged with Domestic Assault - you need to be aware that this is a serious matter that could lead not only to a fine and jail time - but could also have life long impacts on you and your freedoms.  Therefore, if you were planning on represent yourself, you may want to reconsider.

Experienced Minnesota Criminal Defense Attorneys who specialize in Domestic Assault cases are usually skilled negotiators and often a good deal is better than taking one's chances in front of a judge or jury. I've worked hundreds of cases like this - from both sides of the aisle.  I know what needs to be done - and why - to earn my clients favorable outcomes. 


The Next Step

If you or someone you love has been charged with Domesti Assault you should have an experienced Minnesota Criminal Defense Attorney by your side to talk you through this often difficult process. Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.

As a former prosecutor, I am quite aware of how these cases are handled. Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to do-it-yourself --- well, you do so at your own risk. 

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case. Call today: (612) 234-1165.

Friday, December 23, 2011

Minnesota Attorney Fees (Explained)

As I've set forth in a number of different posts here and on my website, although costs should be chief among an individual's considerations when deciding who to go with when picking a Minnesota Criminal Defense Attorney - it should NEVER be #1.

I get it - no one wants to pay too much, or any more than they have to, for anything. And, it's no different when it comes to legal fees. Granted, my fees might be more than what some Minnesota Criminal Defense Attorneys charge - but you'll also find that they're less than some others. Yet there are still really two competing bookends to this scenario.

Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.

As I asserted before, looking for a lawyer on a "low-bidder" basis is probably the worst way to find quality representation. This is because there is simply no way to not cut corners when offering a discount price.

On the opposite side of the coin, paying an arm & a leg all too often means getting "soaked." Anyone can request every document under the sun from the government and work the daylights out of a file, but whether or not that is necessary, or even advisable, is another thing altogether.


Example

Imagine a pipe leak in your basement:

One contractor may propose excavating all the soil around that wall in order to "get a good look" at the problem. This may cost thousands of dollars, but that certainly will do it.

Another contractor may simply show up and, for $150, slap some waterproof paint over the spot. That may very well stop the leak for a while.

Yet a third contractor may show up, trace the leak, and know, right out of the gate, that the right repair is to pump an epoxy sealant into the crack, fixing and sealing it forever. His fix will cost about $350.

The cheapest "deal" turns out not to be any kind of "deal" at all. The most expensive is downright wasteful, while the middle ground approach turns out to be the best bang for the buck.

Hiring a Minnesota Criminal Defense Attorney isn't really much different. The primary question becomes how much work is necessary - something that can vary from case to case.

A good attorney will always engage in a factual investigation once he takes on a case.

A bargain lawyer simply cannot afford to do that and expect to turn a profit, so they'll simply sign the client up for a quick plea deal.

The overpriced lawyers will often spin a large story about all the things that "could" be wrong with the case. (To be fair, these guys will rarely charge an exorbitant fee and simply rush in and quickly take a plea. They'll spend the time and effort and get enough records to choke a horse. The problem is that, all too often, this is a complete waste of time and money.)

Going back to the leaky basement wall, the most expensive contractor could tell the homeowner that they'll inspect the entire foundation of the home and dig up all the soil around all the basement walls, but in the end, in most cases, they'll wind up injecting the same epoxy into the crack that the middle guy would, except they'll wind up doing that after they've done several other thousand dollars worth of unnecessary and wasted work.



What Should You Do?

First, avoid the low-bidders. They bring nothing to the table but a waste of money. No self-respecting Minnesota Criminal Defense Attorney who thinks enough of his skills markets themselves on a bargain basis. I certainly don't. If they don't think enough of themselves to compete in the big leagues, it's not likely that any prosecutors or judges do, either. They build a practice upon moving cases in and out as quickly as possible, and their income is based on doing as little as possible in as many cases as possible. That's no way to have something as important as your criminal case handled.

Instead, a person should look for an attorney who will charge a fee that will include doing the necessary background work and investigation to make sure the crime charged is legally sound, and, if not, will then have a built-in structure to charge for the work necessary to intelligently challenge weak evidence.

Some cases are rather obviously solid. Say, when a Drunk Driver crashes into another car, and the cops arrive at the scene to find one of the drivers behind the wheel and obviously under the influence, it is highly unlikely that any judge will be tossing that case out. You can spend any amount and subpoena everything right down to the arresting officer's kindergarten school records, but such effort is not likely to result in the case being dismissed.

Other cases almost scream: FIGHT!  Say, when a driver is pulled over for suspicion of DWI, and no breath or blood test is given, there is no actual evidence of intoxication. Taking a plea in such a case is simply selling out the client.

---

As a former prosecutor, if I sense that your case seems to have the hallmarks of being sound enough to not get tossed out, which really accounts for most cases, I'll begin the preparation process at our first meeting. I'll introduce you to the alcohol assessment process, and we'll get our first crack at learning how to perform as well as possible on it.  Ideally, we'll make you a very appealing candidate for leniency - to earn you the best possible outcome for your case.



---

Hiring a lawyer means paying a lawyer. Pay too little, and you'll get too little. Pay too much, and you've just wasted your hard earned money. A good lawyer, or even a bargain lawyer, will cost more than a new refrigerator or TV set. Most people will spend some time and research such a purchase before handing over their money. It only makes sense to put in at least as much effort in finding the right lawyer to handle your case as it does in buying a new appliance.

In the end, about the best advice a person can follow in this situation is to "spend wisely." Who can argue with that?

Wednesday, December 21, 2011

How to Find a Minnesota Criminal Defense Attorney


There are many different ways that you can go about finding an experienced Minnesota Criminal Defense Attorney.  Obviously, I'd be honored to speak to you about your case but the purpose of this article is designed to give you some insight into the places you might want to look for help.

The Internet is a Huge Resource

It is very hard to hide anything about a professional, such as a lawyer, in the internet these days.  If someone has done poor work there is probably an article, comment, or negative review out there that you can read in making your decision to hire a specific person.  Note, many times competitors will post fake comments in order to try to hurt their competition – use your common sense and judgment and do your research.

There are many sites out there that attempt to objectively rank lawyers against one another.  Sites such as www.avvo.com, www.lawyerratingz.com, are two examples that you might want to look at to get a better picture of your attorney.  It is important to know that on some of these sites lawyers can purchase their position on search results – so again, do your homework on the attorney you are considering hiring.

Ask the Criminal Attorney about His Experience
Experience is a completely subjective matter.  There are attorneys that have practiced law for twenty years, but never had a jury trial.  There are others that have practiced for three years and had over a hundred.  There are attorneys that focus specifically in one area of law, where others are more general.  Each has its advantages – a specialist, or an attorney that devotes their practice to a specific area might be better suited for complex litigation but a more general criminal defense attorney may have the flexibility necessary to completely handle your case.

When talking to the attorney ask them about the other attorneys you’ve spoken to.  An attorney that is confident in their own abilities will probably not speak poorly of another attorney – I know I never would.  As a practical matter I always recommend that my potential clients speak to as many attorneys as possible, because it is important to select a lawyer that you feel comfortable with – it is your life, freedom, and reputation on the line in criminal cases.



How to Get a Hold of Me
I would be honored if you spoke to me about becoming your Criminal Defense Attorney, give me a call at (612) 234-1165 and we can discuss your case today - for free.

Monday, December 12, 2011

Minnesota Domestic Assault (Explained)


If you have recently been charged with Domestic Assault, more likely than not you've have come all too familiar with the acronyms - DANCO, OFP and/or HRO.  Although all have there differences, the bottom line with each of these court orders is STAY AWAY.

What Are These Things?
  • OFP stands for Order for Protection;
  • HRO stands for Harassment Restraining Order; and
  • DANCO refers to a Domestic Assault No Contact Order.
  
How Do They Work?
Almost anyone can go to court and ask for either an OFP or an HRO.  (The other "no contact" order, the DANCO, is usually issued only by a judge as a part of a matter involving Domestic Abuse - preventing the individual charged does not have contact with the alleged victim while the case is pending.
  
OFPs and HROs are very unique and powerful orders.  They are unique due to the fact that a Court can (and often does) grant them without a hearing or even notice to the other party. Granted, the individual who is subject to the "no contact" order can ask for his/her day in court - but that process is highly time-sensitive and can be quite complicated.  Moreover, if an order is granted against you and you violate it - you could be subject to criminal charges.  This is why it is essential you speak to an experienced Minnesota Criminal Defense Attorney
  
Often, someone requests an OFP or HRO for their own protection by filing a motion with the court and submitting an affidavit that alleges unwanted contact or hear of harm.  If the court decides that that individual has met initial burden to show that domestic assault or harassment occurred, the court will issue the appropriate order and direct law enforcement to serve the order.  If the party on whom it is served, that person can demand a hearing, put his or her side of the story into consideration, and then ask the judge to decide whether or not the order should continue, be dismissed, or modified in some way.
Why You Should Be Concerned.
  
Many of these orders, if granted by the Court are quite powerful. Even the slightest violation is subject to criminal penalties and prosecution.  And, depending on what sort of criminal history the party charged has, the slightest slip-up opens that person up to charges that could be as serious as a Felony. 
  
What Should You Do?
What you've read here is a very general background on these orders.  If you or someone you love is the subject of one of them - or worse - has been alleged to have violated one, you should have an experienced Minnesota Criminal Defense Attorney on your side to talk you through this often difficult process.  Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.  
As a former prosecutor, I am quite aware of how these cases are handled.  Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to go it alone --- well, you do so at your own risk.  
If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case.  Call today: (612) 234-1165.

Monday, November 21, 2011

Minnesota Charges - Dismissed (Explained)



As an experienced Minnesota Criminal Defense Attorney, the one outcome more than any other that brings me and my clients the greatest joy is having their charges dismissed or significantly reduced.

Believe it or not this does happen, in one way or another in court rooms throughout the state - everyday. There are many possible options—some quite complicated—to get the charges against you reduced or taken off the table entirely. But the process of doing that starts with one simple step: getting a savvy, aggressive Minnesota Criminal Defense Attorney on your side, right away, who will fight for the best possible outcome.

What to Look Out For

First and foremost, I would caution anyone to be wary of lawyers who quickly promise to get your case dismissed.  Sometimes, that the reduction or dismissal of charges is just not possible.

While it is always my number one priority to work to get the charges against my clients dismissed, the best (and often the only) way for that to be done is to thoroughly explore the circumstances of your case before making any determination as to the possibility of dismissal.

No Minnesota Criminal Defense Attorney can promise you a certain outcome for your case; however, what I can promise you is tough, aggressive lawyer who will look into every option to get you the best results for your case.

How Criminal Charges Get Dismissed

Ultimately, there is only one person who dismiss the charges against you - the judge. Often individuals mistakenly believe that if only the person who originally pressed charges his or her mind the case will just go away.  That is just not true.  In reality, once the government's attorneys take the case, the decision to continue with it is in their hands.


Ways to Get Your Minnesota Charges Dismissed

Essentially, there are two ways to get Minnesota criminal charges dismissed or discharged:

1. Where the government can't prove guilt beyond a reasonable doubt.

In these cases, often there's was something legally wrong with: (a.) the accusations, or (b.) the process of arrest and investigation. Many times, charges can be dismissed if there is not enough evidence to sustain the charges or the defendant has not been arrested within the legal process of the law (for example, where the defendants are interrogated after they stated they were invoking their 5th Amendment right to remain silent) or if evidence was gathered in violation of the offender's constitutional rights. For any of these reasons, cases can dismissed. One other way charges are often dismissed is when the alleged victim of the "crime" refuses to cooperate with the government.

2. Where the government can prove guilt beyond a reasonable doubt.

An odd situation to be sure, but in these cases - even if the judge decides that the defendant is in fact, guilty of the charges - sometimes the nature of the charges and/or the criminal history of the defendant indicates that the case should not go forward.  Often this is done under circumstances such as when the offense charged low level misdemeanor and/or if the defendant has a clean (or even mild) criminal record.  At this point, an agreement can be reached where the judge may decide to dismiss the allegations or offer some type of alternative sentencing. Alternative sentencing can come in a variety of forms, including fines, community service, probation, etc.


What Should You Do?

My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding your arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in your case, as well as your previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.

Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer.  Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Friday, November 18, 2011

Fight Your Shoplifting / Retail Theft Charge in Minnesota!


Retail theft, also known as Shoplifting, can be a serious criminal charge under Minnesota's laws. Depending on the value of the items involved - one could face quite substantial consequences - including BIG fines and jail time. 

No matter the level of the charge, as an experienced Minnesota Criminal Defense Attorney, I feel as though it's my duty to inform you that ANY criminal charge (petty misdemeanor, misdemeanor or felony) must be taken seriously if you hope to avoid the harshest consequences now and in the future.

Why Hire a Lawyer for a Simple Shoplifting Charge?

I get asked this all the time, and even if you are only facing a citation (or petty misdemeanor offense charge) for Shoplifting - with the little to know consequences - you have to understand that this is still your one and only time to keep your record clean and avoid problems that could seriously affect your in the future.  Because, in this day of invasive background checks - it isn't really the penalty the judge is going to impose that you should worry about. Rather, it is what impact is something like this going to have on your future --- after the case is closed.

Any conviction for Shoplifting can remain on your criminal record forever, and could affect future employment opportunities, scholarships, apartment rentals, or any situation where someone might look into your past.

Not to mention that if it ever happens again, you'll be facing a 2nd offense charge and run the all too real risk of jail time. If that happens, you'll regret not taking every opportunity to have an experienced Minnesota Shoplifting Lawyer work for a dismissal and keep your record clean - the 1st time out.

How to Beat a Minnesota Shoplifting Charge

There are often excellent legal defenses against Shoplifting charges. A couple of areas ripe for consideration are: (a.) how the facts of your case apply to the statute, (b.) whether or not the government can prove that you intentionally attempted to steal anything, and (c.) what did the security personnel involved do right and wrong. 

If the case can't be "defended" as such - then I will explore the various opportunities available to individuals so as to reduce the charges or find some sort of alternative disposition for your case, short of you just pleading guilty.  

The important thing to bear in mind is that, even if you know you made a mistake, that doesn't mean you should be punished severely. You should still have an attorney looking out for your best interests.  Fin that someone who'll effectively argue for leniency and make sure a minor mistake doesn't have to follow you around for the rest of your life.


Doing the Next, Right Thing

I've worked cases like this from both sides of the aisle - formerly as a prosecutor and now as a Minnesota Criminal Defense Attorney.  My insight in to the government's schemes and motivations has helped me to win my clients favorable incomes.  Let me put that inside knowledge to work for you.  Call the Rolloff Law Office today to set up you free, no obligation consultation. 

Let's fight to preserve your rights - and future. 

Friday, October 14, 2011

Minnesota DWI and Criminal Attorney Fees (Explained)


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

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

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

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

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

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



Do This Now

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

Monday, October 10, 2011

Just Because You Were Arrested Does Not Mean That You're Guilty


If I take another call this week from someone who tells me they were arrested for Drunk Driving, they think they need a lawyer - but they maybe they should "just plead guilty and get it over with" - I think I am going to lose it.

Don't get me wrong, the choice to roll over or "to fight" is all in the hands of the accused. But, to do so without fully exploring your options is just insane.  Now that doesn't mean you need to throw good money after a bad result, but you should seriously consider sitting down with an experienced Minnesota DWI Attorney and learning your options - the good, the bad and the ugly.  Just because you've been arrested does not mean that you will always be found guilty.  Know your rights before you give up the fight.

One thing too many people assume is that if you "fight" it is only going to get worse.  Well, in my experience that is just not true.  Rarely does any case get work because someone maintains his or her innocence.  Rather, things all to often either stay the same - or (believe it or not) actually get better.



What Should You Do?

Pleas and plea negotiations are a big part of my practice.  But, like with anything - there is a time and a place for those things and going into a case expecting to immediately plead to the first available offer is the number one way to end up being punished far more harshly than the law typically allows.

Some of these calls are a direct result of the government's lawyers gone wild.  As a former prosecutor, I should know.  All to often, a prosecutor is more than willing at the onset to push every case as far as he can, without regard to any individual's circumstances or any facts that could lead to a reduced charge or sentence.  It's only as your case gets little more ripe - as it ages - that those things that only looked like minor flaws at the onset become major gaps as your trial approaches.

My clients are continually surprised at the number of good defenses that can be raised to take on a poor charge - be it for Drunk Driving, Assault, Theft - you name it.  Therefore, before you give in and plead to a charge, it is always a good idea to talk to an experienced Minnesota Criminal Defense Attorney. In most cases, the only way to take on an our of control prosecutor is to have an aggressive defense attorney on your side - on who has the inside scoop on the government's motivations and schemes.

If you want to talk to a former prosecutor, for free, about your case --- call the Rolloff Law Office today.

Monday, September 26, 2011

Minnesota DWI - Asleep at the Wheel (Explained)


You can imagine that as an experienced Minnesota DWI Attorney I get asked a lot of questions from friends and family about how to avoid a Drunk Driving arrest. 

The most common of these often touch on the all too real belief that if they've had too much to drink, and they realize as much while they're driving, the best thing to do is to pull over and just sleep it off. 

In a lot of common sense ways this would seem to make sense; however, as was the case with this poor man from northern Minnesota (link) if the keys to said vehicle are anywhere in your immediate vicinity - you could be arrested and convicted of a Minnesota DWI.

Minnesota's DWI Law - Physical Control

In Minnesota, the law states that you can be charged with Drunk Driving if you have “physical control” over a motor vehicle when you have a blood alcohol level over the legal limit. And, by the looks of things, the courts take a rather expansive view of the that term - physical control.  So that if someone is in a position to even exercise the slightest dominion over their vehicle (and that much difficulty make the vehicle a source of danger) law enforcement is well within its rights to arrest you. 

Granted this interpretation begs all sorts of questions.  Such as: What if someone is merely walking to his or her car in the parking lot of a bar, after they've had too much to drink, with their keys in their pocket and merely intending to get something from inside it; or if someone is just doing some repairs on their hot-rod in the garage or drive-way and enjoying a few 'pops' while doing do --- What kind of liability are these people subject to?


What Should You Do?

There's the common law and there's common sense - and often the two do not always jive.  If you've been arrested for a Minnesota DWI - whether you were driving or not - your next, best move is to contact an experienced Minnesota DWI Attorney to learn your rights.  As a colleague of mine is fond of intoning, just because you've been arrested that does not mean you will be convicted.  Talk to someone who knows what they're doing - and learn how to fight for common sense interpretations of the law.

If you need to discuss a DWI arrest contact the Rolloff Law Office.  I have extensive experience, from both sides of the aisle - in assisting individuals charged with Drunk Driving.  Call (612) 234-1165 to set up a free DWI consultation - today.

Wednesday, September 21, 2011

Minnesota Assault/Domestic Assault Charges


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

What Should You Do if You're Being Investigated?

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

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

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

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

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

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

Monday, September 19, 2011

Minnesota Court Appointed Lawyers (Explained)


If you are charged with a crime in the State of Minnesota, you have a right to be represented by an attorney.  If you can't afford one, the court can appoint one for you.  These people are called public defenders. Often I'm asked: which is better  a court-appointed attorney or a private lawyer?  Well, in the end, that depends on you, your case, and what you'd like to see happen.

Court-appointed lawyers are assigned based on an individuals ability to pay.  The less wealth you have, the better your chance of getting a "free" lawyer.  That being said, at no time are you ever required to settle for a court-appointed lawyer. As is your right, you have the option of representing yourself or hiring an experienced Minnesota Criminal Defense Attorney.

As a matter of fact, a number of my clients have originally had a court-appointed attorney, but later chose to leave that person and hire me. 

Why?  Well, I'm often told that my clients come to me because their court-appointed attorney is failing to give their case the attention and aggressiveness a proper legal defense requires.  Believe it or not, I get their point.  By no fault of the public defenders, they are often overburdened - working file after file to keep up with the demands of the system.  In the end, because they have so many clients, they can't bring the same level of detail and attention to your case that a private attorney can.



What Should You Do?

Any time that you don’t believe that you are being well represented by your public defender, there are a number of fixes available. First, you always have the right to hire a private attorney to assist you. Often times clients begin a case without the financial ability to hire counsel and then have their situation change. Sometimes, it takes time to gather up the resources needed to retain the right lawyer.  But, know this: you can replace attorneys at any time during your case.

At the Rolloff Law Office, I have clients who have hired me - after firing their court-appointed attorney. Given the choice between representing themselves (which is never recommended) and hiring an aggressive, tenacious, and experienced Minnesota Criminal Defense Attorney, the decision is usually very clear.

Call today to schedule a free initial consultation. I'll give your case the respect and dignity it deserve.  Listen, I don’t "farm out" your case, or have 50-100 others on my desk at any one time. I work all of my own files. My attention and focus is on you. 

If you need someone by your side to get your case back on track - call me today at (612) 234-1165 and let's get things rolling.

Friday, September 16, 2011

Minnesota Probation Violations (Explained)


Often as part of every criminal sentence meted out by a judge - for a misdemeanor, gross misdemeanor and felony plea - is the prospect of being placed on Probation.  In my opinion, the system would want one to believe that this is a type of leniency that allows a convicted individual to remain in or re-enter society.  But, as anyone who has ever been placed on probation - there's often nothing too easy abou it.

Generally speaking, defendants may be sentenced only to a probationary term or probation may be granted after some time in custody has been served.  If someone is place on probation, that person is often supervised by an agent - who is employed by the corrections system.

If you receive notice of a Probation Violation, or even if you just think you may have violated your probation but have not yet been suspected or accused of it, you should quickly contact an experienced Minnesota Probation Violation Defense Attorney.

Probation Violations (Defined)

Because Probation is a form of leniency, it can be revoked at any time.  This often is the case when someone violates the terms of the probation sentence laid out by the judge.  A few examples of such violations includes:incurring a new criminal charge, failing to submit to or failing a drug/alcohol test, moving - without informing your agent, missing a scheduled probation meeting, and/or failing to appear for court.


If You've Violated Your Probation

If you are suspected of committing a violation, you'll often receive notice of it and be ordered to appear in court.  At a violation or Probation revocation hearing, the court will determine whether the violation actually occurred and then you'll be asked if you admit or deny the violation.  If you deny it, the government must put forth evidence showing that it is more likely than not that you in fact did fail to follow the court's order.  You'll also have a chance to put forth your own evidence.  Then, the judge decides if that burden is met. 

Probation Violations (Consequences)

If you're found to have violated your probation, there are a number of possible outcomes - good and bad, such as: continuing the probation without punishment for the violation,  modifying the conditions of the probation or extending the length of probation,  revoking the probation and executing the stayed (ie., suspended) jail sentence hanging over the violator's head. This basically means that your original sentence would be re-activated.

Probation Violations Defenses

Since the burden of proof is much lower at a Probation Violation hearing than at trial, it is very important that you be represented an experienced Minnesota Criminal Defense Attorney.  Often the best defense is no defense at all; rather, I've found that my best successes come when working with the government's lawyers to arrive at an agreement that elevates the need for a hearing and/or the harshest of consequences. Even if your violation stems from a new criminal offense, not only can I fight to win you a dismissal or acquittal on those charges - I can also work to ensure that the new sentence runs concurrently with (and not consecutively to) the probation sentence.


What Should You Do?

For a long time now, Minnesota law has recognized that people who have make a few, isolated mistakes while on probation should have the opportunity to not have that error to lead to the ultimate consequence.  If you feel as though what you've read here applies to you, contact an experienced Minnesota Probation Violation Hearing Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your slip doesn't continue to hinder your future.