Minnesota Stay of Adjudication (Explained)

**** NEWS FLASH ****


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


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


What?


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


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


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

Now What?



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


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

Minnesota Assault (Explained)

If you have been charged with an Assault crime in Minnesota you may be concerned that you could be facing serious consequences - like jail and a large fine.  Understanding that, as an experienced Minnesota Criminal Defense Attorney, I know the kind of stress this can cause and I will fight for you as you face the prosecutor, the judge --- and the jury.

Felony Assault charges can result in very severe penalties and jail time. Shoot, even the least serious Assault charge -  5th degree misdemeanor Assault - can result in real fines, possible jail time, and a permanent criminal record that will follow you for the rest of your life.

There may be a perfectly logical explanation to your behavior the night of the incident. You were acting in self defense, or it was a mutual disagreement that escalated. These kinds of sloppy arrests happen all the time, unfortunately. But now you have a complicated criminal legal problem you need to sort out.

Or maybe you made a made a mistake you now regret. We are interested in learning what exactly led up to your charge.

Having successfully defended many assault cases like yours in Minnesota, I know what you are up against. I know the Minnesota criminal courts - from the prosecution side and the defense side -  and I can put that knowledge to work for you.

Minnesota Assault Laws & Penalties


First Degree Assault

If you commit Assault that causes great bodily harm to someone you may be charged with this serious felony.  “Great bodily harm” is defined as injury which causes substantial risk of death or causes disfigurement or loss or loss of use of any organ or bodily member.

Second Degree Assault

You may be charged with 2nd degree Assault if you assault someone with a dangerous weapon. If the alleged victim suffers “substantial bodily harm” you will face a potential sentence of up to 10 years and fines of $20,000. However, if there is not “substantial bodily harm”, the potential sentence is dropped to up to 7 years in prison and $14,000 in fines.

Third Degree Assault

There are three ways in which 3rd degree Assault can be committed. If you do any of the following you could face this serious felony charges:

• Assault resulting in substantial bodily harm 
• Assault on a minor where there is a history of abusive behavior 
• Assault on a victim under 4 years of age 

Fourth Degree Assault

You may face 4th degree Assault charges if you assault certain people. For instance, Assault on a police officer in the line of duty,  school officials, corrections officers, firefighters, or an EMT can also land you with a 4th degree assault charge.

Also, if you assault someone because of bias in regards to their religion, race, sexual preference, or disability you could also face gross misdemeanor charges.

Fifth Degree Assault

You may be charged with misdemeanor 5th degree Assault (and face up to 90 days in jail and a $1,000 fine or both) if you  commit an act with intent to cause fear of bodily harm or death or if you intentionally inflict or attempt to inflict bodily harm on another.

Get Your Free Consultation 

Facing prison terms and hefty fines can leave you with a lot on your mind. The only way to know for certain what you are facing is to consult with an experienced Minnesota Criminal Defense Attorney. Call the Rolloff Law Office at (612) 234-1165 to set up a FREE consultation on your Assault case today.

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.