Why You Should Seek a Minnesota Expungment

A run-in with the law can have a huge negative impact on your life. Most people think that all of the consequences that they will face are tied to whether or not you are convicted, but unfortunately this is not the case.  Granted,  you won’t be going to prison or paying off ridiculous fines if you beat your charges, but that doesn’t mean that everything just returns to normal. This is why you should speak with an experienced Minnesota Criminal Defense Lawyer - about sealing your record.

Why Should You Do This?

All it takes to acquire a criminal record is for you to be arrested – you don’t even need to be formally charged and/or convicted.  Don’t think that’s a big deal?  Think again.  It’s no secret that “criminals” are looked down upon in our country, but the issues that individuals face with a criminal record go far beyond someone giving you dirty looks.  

Ways a Criminal Record Makes Your Life Harder

1. Hurts Your Ability to Get a Job: Most employers perform background checks while reviewing applications. Applicants with a criminal history are the first to be tossed in the garbage. An Expungement erases the record of your criminal past so that employers can’t see it, making it more likely that you will get to the interview process. The same goes for volunteer positions.

2. Housing/Renting an Apartment: After time in prison, all you may want is to start a new life in a new location… but a felony record can prevent you from doing so. Housing applications often ask about your criminal record, and may deny you if you have one.

3. Restoration of Firearm Rights: Felons lose the right to bear arms after a conviction. While some felonies restrict offenders from restoring the right to own a gun under any circumstances, these crimes are usually crimes of violence and are a special exception to general rules. In most cases, a sealed or expunged record restores the offender’s ability to purchase, own, or lawfully use a firearm.

Felony records are public knowledge. No matter what you are applying for, or why someone may be searching your name online, a criminal record hangs over your head. Wouldn’t it be easier to tell people about your criminal past when you are ready?

To learn more about an Expungement, whether or not you qualify, and what it takes to get your record sealed, contact the Rolloff Law Office.  We aggressively fight for our clients --- utilizing innovative tactics to get the most positive results for our clients . Call today: (612) 234-1165

Hennepin County Expungement Attorney

When a someone has been convicted of a criminal offense attempts to  put their past behind him/her ... to move forward with their life ... often they are reminded of their poor decisions because of a criminal record. 

A past conviction could have the effect of harming one;s ability to secure employment or pursue educational opportunities. Some states, including Minnesota, allow some offenders to have their records expunged.  Do you want to put your past --- in the past --- then contact an experienced Minnesota Criminal Defense Attorney and see if you qualify for an expungement.


What's an Expungement?

Expungement is the process of going to court to ask a judge to seal a court record. When a record it sealed ... it cannot be made known to the public and it generally stays off of any background checks.  

What Kinds of Cases Can Be Expunged?


What Types of Cases that Could Be Expunged?

The laws in Minnesota changed at the beginning of 2015, allowing a judge to seal more criminal records and convictions. This law also allows the court to order other governmental agencies to seal their records. However, not all cases can be expunged.

According to Minnesota Statute 609A.02, a person could seek record expungement if:

• All pending actions or proceedings were resolved in favor of the petitioner;
• The petitioner has successfully completed the terms of a diversion program and has not been charged with a new crime for at least one year since completion of the diversion program;
• The petitioner was convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and has not been convicted of a new crime for at least two years;
• The petitioner was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime for at least four years; and/or
• The petitioner was convicted of or received a stayed sentence for a certain felony violation and has not been convicted of a new crime for at least five years

According to the new law, some of the felony violations could include a controlled substance in the fifth degree, sale of a simulated controlled substance, unlawful acts involving liquor, contempt, failure to appear in court and receiving stolen goods.

If a person has been charged with a certain controlled substance offense and the proceedings have been dismissed, he or she could petition to have all records relating to the arrest, indictment, trial and dismissal sealed.


Juvenile Records?

If a juvenile has been prosecuted as an adult in Minnesota, he or she could petition to have the criminal record sealed if he or she is finally discharged by the commissioner of corrections or if he or she has been placed on probation by the court and discharged from probation after completed the requirements.


Domestic Assault?

Under state law, a person charged with a domestic violence offense, such as felony assault by strangulation, would not be allowed to have the record sealed. Additionally, crimes that require registration also would not be able to be expunged. This includes murder, kidnapping and criminal sexual conduct, according to Minnesota Statute 243.166.

J.M. Rolloff is a skilled Hennepin County Expungement Attorney who can help you determine if your criminal record is eligible to be sealed. The process of sealing a criminal record can be complex and often quite lengthy. Having a former prosecutor who is experienced on both sides of the law can be beneficial to your expungement. Call The Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165

Should You Hire a Scott County Criminal Defense Lawyer?

The Rolloff Law Office is a different kind of defense firm.

We get big city results with small town customer service. We know our clients by name, not by file number.  As a Minneapolis-based criminal defense law firm, our primary goal is exceptionally serving the client at an affordable cost. Our representation ranges from crisis management, situation damage control, criminal pre-charge representation during investigatory phases, and defense representation of criminal charges in state and federal courts. Minneapolis criminal defense lawyer Christopher Keyser was named a Super Lawyer Rising Star, a Top 100 Trial Lawyer, and has a Superb rating on Avvo.com. We provide representation for every type of Minnesota criminal matter including:ArsonAssault and BatteryResidential BurglaryCriminal Sexual Conduct / Sex CrimesCriminal Vehicular OperationCriminal Vehicular HomicideDisorderly ConductDomestic AssaultDrug CrimesDWI / DUI DefenseFourth Degree DWIThird Degree DWISecond Degree DWIFelony First Degree DWICareless DrivingDWI Test RefusalExpungementFederal CrimesFeloniesFraudJail and Detox ReleaseJuvenile CrimesKidnappingMilitary DefenseMurder and HomicideProbation ViolationsShoplifting / Retail TheftSimple RobberyAggravated RobberyProstitutionSolitcitationTheftWeapons CrimesWhite Collar CrimesCriminal Defense StrategiesOur approach to fighting Minnesota criminal charges is simple but effective. We don’t bring gimmicks or tricks to court – only hard work, persistence, and aggressive advocacy. In every criminal defense case, we follow the same rules and principles:Client Consultation. We want to meet you and hear how we can help. Every criminal defense case is important, whether a misdemeanor or serious felony. We listen to your story and then educate you on both the good and bad aspects of your case under Minnesota law. We’re up front and tell it to you straight.Review the Evidence. Before any decisions can be made in your case, you need to see the evidence against you – and so do we. Any evidence we obtain from the prosecution is given to you, and any defense motions or letters drafted in your case are copied to you. We provide full transparency so you are fully informed every step of the way.Create a Criminal Defense Strategy. Should you negotiate a plea deal or go to trial? Jury trial or bench trial? This depends on the evidence against you, any criminal history you may have, and the specific facts of the case. The best defense plan may include using private investigators, obtaining expert witnesses, or consulting with other professionals to make the best decisions. Either way, we’ll explore all options.Execute the Criminal Defense Strategy. We work with our clients as a team. Together we will decide the best direction for your case and work to achieve the goals we create. If the evidence against you is strong, working with the prosecutor to obtain a reduced charge, avoid jail or prison, and minimize probation conditions may be the best plan. If the evidence against you is weak, aggressively pushing the case to trial may be the best option. Either way we have the respected relationships with prosecutors, the experience, and the reputation to win.Choosing the Right Criminal Defense AttorneyOur goal is to obtain the best possible outcome for your case, whether that means avoiding jail or prison, getting a reduced sentence, or avoiding a criminal conviction on your record. Like most law firms, we like to win and we win a lot. Every person is entitled to the best representation. We offer competitive rates and reduced fees for military veterans and servicemembers. Our criminal defense cases are handled on a flat fee basis, meaning we do not bill hourly for our services. To learn more about how we can help, call our offfice at (612) 338-5007 for a free case evaluation.

Scott County DWI Attorney

At the Rolloff Law Office, we advise and represent clients who have been arrested for drunk driving. We not only prepare and present your strongest available defense, we also consider the case from a broader perspective. We do everything we can to protect you from the non-criminal consequences of a DWI conviction, just as we work to resolve the criminal charges against you on favorable terms. 


The formal term for drinking and driving charges in Minnesota is DWI, short for driving while impaired. The penalties for DWI have become more harsh in recent years, and even a first-time offense will result in a revocation of your driver's license. 

An important part of our client service in DWI defense is protecting your interests in license revocation/Implied Consent hearings and applications for limited driver's licenses so that you can at least commute to work.


Minnesota DWI Penalties

There are two tiers of penalties for Minnesota DWI convictions, including guilty pleas, depending on the blood alcohol concentration (BAC) evidence used against you. 

Driving with a BAC of .08 percent or greater is punished less severely than driving with a BAC of .20 percent. For commercial drivers, the maximum allowable BAC is .04 percent, and for persons under 21, a BAC as low as .02 percent can result in a conviction. The penalties involve jail time, which is often suspended for first offenders, heavy fines, and license revocation of varying lengths depending on your BAC and how many DWI or DUI convictions you have had in the last ten years.


What To Look For

At The Rolloff Law Office, our attorneys will not only analyze the circumstances of your arrest and the details of your field sobriety and blood tests to see whether your case can be defended on the merits, but we also look to your broader situation to protect what you have to lose. Whether your biggest concern is auto insurance, a probation violation, a professional license or security clearance, or even the forfeiture of your car or truck, we work with you and the prosecution to protect you from the worst possible consequences of the charge.

Different Minnesota counties handle DWI cases in different ways. As an experienced Minnesota DWI Attorney, I have been in almost every county in the state ... working with some prosecutor who allow plea negotiations based on the specific circumstances of the evidence and the defendant's situation, while others are not as flexible. My experience with the effective defense of DWI charges can help you make the right decisions based on a realistic appraisal of your risks.
 

For a free consultation about our ability to represent your interests effectively in defense of serious DWI charges, contact an attorney The Rolloff Law Office at (612) 234-1165

Minnesota DWI - Field Sobriety Tests (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about DWIs.  One common inquiry is about Field Sobriety Tests.  Here's some info that you need to know.

Minnesota Field Sobriety Tests

A police officer, after pulling over a driver for suspected Drunk Driving will usually say something to the driver: 

“I need to have you step out of the car and do a few tests to make sure you are okay to drive."  At the time, the driver is not told that he/she has the option to refuse those tests. 

Here’s the skinny. 

Almost always, the purpose for the Standardized Field Sobriety Tests (SFST) is to gather evidence against you to be used at trial. 

The Truth

There are 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 a clever defense attorney gets the test kicked out. They 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 SFST. 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. 

The one exception (sort of) to this is the preliminary breath test (PBT) --- that little box that officers have you blow into on the side of the road. 

If you refuse to blow into the PBT the officer can place you under arrest and ask you to do a blood, breath or urine test. But, the PBT is not admissible in court (except for persons under 21) to show the existence of alcohol or if you later refuse the blood, breath or urine test.

Need help, with a Drunk Driving accustation, feel free to call the Rolloff Law Office to get FREE ANSWERS and set-up a consultation: (612) 234-1165

Scott County Domestic Assault Attorney

Have you or someone you love been accused of domestic violence?  All too often this means that they have have been accused of causing a family or household member bodily harm. If this is the case - understand that: There are very serious consequences that one could experience if he/she is found guilty --- including: jail time, fines, and a criminal record that follows you for the rest of your life.

If you have been accused of domestic assault, it is important to work with a Scott County Criminal Defense Attorney who puts your best interests first. 

WHY HIRE A LAWYER?

Unfortunately, there are times when domestic assault allegations arise out of other conflicts. Perhaps there is a divorce going on or there is a child custody battle. It is unfortunate that there are such cases, which makes it even more important to defend yourself against the charges.

If convicted, the conviction will most likely negatively impact any battle for child custody and could have an influence on the divorce. If convicted of domestic assault, you could also be subject to an order for protection, which could affect your ability to see any children you may have or how you see them.

Violating an order for protection is an offense in itself. If it is violated, you could be looking at time in jail.

Other consequences of a domestic assault conviction include anger management courses, counseling, and probation. Avoiding as many of the consequences as possible is why you need a Minnesota Criminal Defense Lawyer by your side every step of the way. 

Even if there is some merit to the charges, you can still have a much better future than you would have if you didn’t effectively defend yourself. Sometimes charges can be inflated and that means paying penalties that are harsher than what you should have to pay. By using the facts in your case, a fair outcome can be had.

WHAT NOW?

Domestic assault is aggressively pursued and prosecuted in Minnesota because of what can potentially result if legitimate cases are allowed to continue. 

If you have been accused of domestic assault, whether the charge is legitimate or not, you need the experience of a qualified criminal defense attorney to protect your interests. To learn more, call the Rolloff Law Office at (612) 234-1165.

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.