Things you might need to know if you've been arrested for an offense like Drunk Driving. If you are interested, read on. If you're in need of a Minnesota Criminal Defense attorney - CALL or TEXT: (612) 619-0262.
Showing posts with label theft. Show all posts
Showing posts with label theft. Show all posts
Tuesday, February 6, 2018
Receiving Stolen Property (Explained)
If you have been charged with the offense of Receiving Stolen Property --- you should seek out come input from an experienced Minnesota Criminal Defense Attorney. Even after you have read this post.
This offense is defined as: any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery. In many respects, the accused are treated like those who commit Theft. (Another crime that is similar to the receiving of stolen property is pawning of stolen property.)
What Can Happen
This crime can be charged as a felony, gross misdemeanor and/or a misdemeanor. The penalty range is dependent upon the conduct and the amount of the theft. For instance, for certain felonies the defendant faces a maximum penalty of 20 years in prison and/or a $100,000 fine. But, if the value of the property stolen on the lower end --- the maximum penalty is 5 years in prison and/or a $10,000 fine. Or -- if one is charged with a gross misdemeanor – the maximum penalty is up to one year in jail and/or a $3,000 fine. And, if the value of the stolen property or services is less than $500, it is a misdemeanor and the defendant can be sentenced to 90 days in jail and/or a fine of $1,000. Disregard these numbers --- if the act creates a reasonably foreseeable risk of bodily harm to another person. If that's the case: the penalties described above are enhanced
A good argument --- if you have been accused of receiving stolen property is claiming that you were ignorant to the fact that it was stolen. The requisite knowledge and intent is critical to the case, and often may be difficult for the State to prove. Additional defense arguments center on whether the the accused had a claim of right to the alleged stolen property, and whether the State can prove the value of the property in order to meet the gross misdemeanor or felony thresholds for the criminal penalties. Most good theft defenses will require careful scrutiny by a Minnesota Theft Attorney and potentially an investigator to interview key witnesses. The end result is a well thought out and strategic defense that focuses on not only preparing a defense for trial, but also used to leverage an optimal plea negotiation.
If you have been charged with Receiving Stolen Property (and/or Theft) in Minnesota, you need to consult with a skilled Minnesota Criminal Defense Attorney like the Rolloff Law Office. The sooner you do this, the better your chances of gathering the information that could help to see these charges dismissed. Call today: (612) 234-1165
Saturday, November 4, 2017
How To Beat a Shoplifting Charge
If you are caught Shoplifting, even something as small as a pack of gun, in the Twin Cities, you could end up in jail. Therefore, you should strongly consider getting help from an experienced Minnesota Shoplifting Attorney.
How to Address a Theft Charge
Everybody knows about shoplifting. It’s when someone takes something from a store without paying for it. While this is something people often associate with teenagers --- this offense knows no common offender.
There are a number of defense strategies that can be used to keep a conviction from going on your record.
No Intent: In the State of Minnesota - the government is required to prove an intent to permanently deprive property from its rightful owner. If the prosecution cannot prove that the accused intended to walk out of the store without paying for the items, they cannot convict you of Theft.
Not Enough Proof: The accused is innocent until proven guilty. Even if you someone one testifies against you --- you may not be convicted. This strategy often requires a consultation with a lawyer about how to challenge the eyewitness' accounts --- finding inconsistencies that would show that they are wrong.
Other: a good Criminal Defense Attorney can help you avoid jail and/or a fine --- even if you are dead-to-rights guilty/without a defense.
Contact the Rolloff Law Office - today - an get the answers you need to keep a conviction from going on your criminal record. FREE: (612) 234-1165
Wednesday, November 1, 2017
The Difference Between Shoplifting & Theft
If you have been accused of Theft --- you might want to consider contacting an experienced Minnesota Criminal Defense Attorney.
What is Theft?
Minnesota Law defines Theft as the intentional taking of property that is not yours. This can be a temporary or permanent taken, but as long as someone takes it without permission, a Theft has been committed.
Common types of theft include shoplifting, swindling (or tricking) someone into providing services without paying for them, writing a bad check (or a check without enough money in the bank,) using a vehicle without permission, forging a check, or wrongfully obtaining public assistance (welfare fraud).
Consequences
The penalties for Theft offenses in Minnesota vary depending on the specific type of theft charge. Thefts involving money or goods in value up to $500 are Misdemeanors --- punishable by up to 90 days in jail and a $1,000 fine. Thefts involving money or property of up to $1,000 are Gross Gisdemeanors punishable by up to 1 year in jail and a $3,000 fine. Thefts involving money or property over $1,000 are felonies punishable by at least 1 year in prison or more.
What Should You Do?
The Rolloff Law Office has recently represented a number of clients accused of Shoplifting/Theft --- some cases involved switching price tags, walking out of the store with paying for an item,eating food in a store without paying for it, or return fraud. This is an extremely common crime in Minnesota. Stores, especially large retail chains, use a vast array of methods to combat this, using cameras, undercover store security, magnetic sensors, and electronic article surveillance.
If you need help (or more information,) feel free to contact us today for a FREE CONSULTATION: (612) 234-1165.
Tuesday, February 2, 2016
Dakota County Shoplifting Lawyer
Shoplifting is often regarded --- by law enforcement and business --- as a petty crime few consequences. Often ... it's viewed as something that teenagers do - and grow out of. Generally, most people see this offense as something that can/should be able to be "fixed" by by returning the stolen merchandise to a store and apologizing or just paying for it ... and maybe being ordered, by the authorities, to pay a fine.
As an experienced Minnesota Criminal Defense Attorney - and as a former prosecutor - I can (sadly and) confidently assert that this is often not the case.
Shoplifting is Bad (For You)
Under the laws of the State of Minnesota law, shoplifting is considered a Theft --- and this crime is treated seriously - by the government and the judge. And, not only might someone face jail time ... the more serous impact is felt when they go looking for a job, housing and/or a loan from a bank and this indiscretion shows up on a back-ground check.
Regardless of why you have been charged with shoplifting, conviction can result in numerous criminal penalties, along with the risk of being sued by the merchant in civil court. In addition to getting a lawyer - ASAP - it’s important to understand shoplifting laws and penalties.
Theft (Explained)
When most of us think about Shoplifting, I sure we conjur up ideas of someone leaving a store without paying for something. While that certainly counts ... there are a number of different actions that someone could potentially engage in that qualify as retail theft. These include:
- Taking store property without consent;
- Hiding store property without consent;
- Lying to obtain goods; and/or
- Switching price tags to pay less for a product.
Minnesota Shoplifting (Penalties)
Shoplifting charges typically depend on the value of the property taken. Low value items - under $500, such as a pack of gum, costume jewelry, or a small electronic like a flash drive are generally considered misdemeanors --- where the maximum sentence can be a $1000 fine and 90 days in jail. More valuable items --- could result in serious charges and penalties can follow.
Here are a few of the potential penalties you may face:
- Values between $500 and $1,000: Up to $10,000 in fines and/or five years in prison;
- Value between $5,000 and $35,000: Up to $20,000 in fines and/or up to 10 years in prison; and
- Value over $35,000: Up to $100,000 in fines and/or up to 20 years in prison.
Fighting a Shoplifting Charge
A Shoplifting conviction can result in some long-term consequences, including a criminal record that will follow you for the rest of your life. Because of this, you might find it necessary to get answers from a lawyer. The Rolloff Law Office has represented 100s of individuals who have made a small mistake like this --- to ensure that your rights are protected, it’s important to have a Minnesota Criminal Defense Lawyer --- with a successful track record --- looking out for your best interests. Contact the Rolloff Law Office - today - and set-up a FREE CONSULTATION: (612) 234-1165
Sunday, November 29, 2015
Sherburne County Juvenile Court (Explained)
If you are a parent of family member who has questions about a child that has been arrested --- you are most likely upset and confused. True --- you don’t want this young person's future to be compromised in any way. If there is any (early) good news it is that the courts in the State of Minnesota are actually set-up to focus on ensuring a better future for almost every juvenile offender by stressing on rehabilitation rather than punishment. Bearing as much in mind, it is important to consult with an experienced Minnesota Criminal Defense Attorney --- to ensure that you can earn the best possible income for your loved one.
What You Need to Know
The State of Minnesota has a specific set of laws on the books that apply to minors. These laws tell the courts to handle juvenile cases differently than adult cases.
At the Rolloff Law Office, you will work with an experienced juvenile defense attorney who explain to you your family's options with you --- telling you everything that you need to know so that you can make well-informed decisions. You will know what to expect at every phase in the case.
The Minnesota Juvenile Court System
Depending on the severity of the charge, a decision will be made as to which court the case will be tried in. It is entirely possible for a juvenile to be tried as an adult --- if they commit an offense that is considered an adult crime, such as murder. Since the penalties and consequences handed down in adult court will be adult consequences, the juvenile could face the prospect of serving time in an adult prison. This is another reason why it is imperative to have a highly experienced attorney by your side.
Types Of Juvenile Crimes
I handle all types of juvenile crimes. While a child can commit any crime than an adult can, there are some that are more common than others. Those common types are:
- Assault
- Burglary
- Theft
- Terroristic threats
- DWI
- Drug crimes
If you are the parent of a child who has been accused of a crime, one of the first things you need to do is call an experienced and affordable juvenile attorney. By giving your child the representation that he deserves, you are taking a step toward preservinghis future. To learn more about how the The Rolloff Law Office can help you --- Call (612) 234-1165 and set-up a Free Consultation.
Monday, May 11, 2015
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
Wednesday, January 21, 2015
Roseville & Maplewood Shoplifting Attorney
If you have been charged with Shoplifting, you need an experienced Minnesota Criminal Defense Lawyer to protect your interests. There are different levels of theft offenses in the State of Minnesota, and a conviction for any type can have serious consequences on your job, schooling, and living arrangements.
Former Prosecutor
At The Rolloff Law Office, we handle the defense of all types of crimes, including Shoplifting charges. We put to use our previous experience as prosecutors to help our clients earn the right results by giving them sound and considered legal guidance, based on over a decades worth of experience of criminal law practice.
Theft Crimes (Explained)
In the State of Minnesota, the level of severity of a theft crime and the consequences one might suffer - if convicted depends on a number of factors. In many instances, the key question is how the State valued the property involved.
If you have been charged with a theft offense, we can often get you a favorable outcome, particularly if you have no prior charges or convictions. We can also help keep felony offenses off of your record ... by getting you into a diversion program.
Theft crimes carry potentially serious consequences, including jail sentences an looooong probation terms, not to mention a stain on your criminal record. With so much at stake, it is crucial that you get sound guidance regarding all your legal options. Let us help you make the best decisions possible. Call The Rolloff Law Office for a FREE CONSULTATION - today - (612) 234-1165.
Sunday, December 21, 2014
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
Sunday, September 7, 2014
Minnesota Shoplifting at Wal-Mart (Attorney)
As as experienced Minnesota Shoplifting Attorney, I get loads and loads of questions, here is one of the ost common:
Mr Rolloff,
I recently received a civil demand letter in the mail from attorney Michael Ira Asen P.C stating I must pay $250 in 30 days.
I was caught stealing from Walmart. It was my first time ever stealing and it won't happen again. (The police were called and I was also given a citation.) I was also told I had to stay away from the sore for a year.
What if I am unable to pay the fine in time? Do I even have to pay it at all since there were no police involved?
Caught
The Truth
Retailers are allowed by statute to make the demand. It is not a scam (as often suggested) but a legitimate demand allowed by law. That being said, there is procedure to this ... and if you really want to part with you money, pay it. If not, you (or an experienced Minnesota Criminal Defense Attorney) can respond to these demands ... and, if my experience is any indication, you WILL NOT have to pay anything. Additionally, paying this demand WILL NOT have any impact on the citation you received. You will still have to go to court to answer for this allegation.
Sure, there is more I can say, so ... if you have any questions/concerns, please fee free to contact the Rolloff Law Office for FREE ANSWERS. Call Today: (612) 234-1165
Friday, July 11, 2014
Do I Need to Hire a Shoplifting Lawyer?
It doesn't matter if you have been caught shoplifting a candy bar or you have been accused of embezzling money from your job, theft is a serious crime and one that the authorities are doing their best to crack down on. The potential penalties you may face will depend on the value of the property or the amount of money you are accused of stealing. You need an experienced Minnesota Criminal Defense Attorney to help defend your rights.
The Rolloff Law Office will help to conduct a thorough investigation of your case. We review the evidence the police have against you. We obtain any piece of evidence that will be useful in your case, including surveillance footage, financial records and computer hard drives. We look for all possible defenses and will explain the options available to you. If you choose to go to court, Jay is an experienced trial lawyer and will fight for your rights. Regardless of the severity of your crime, he takes the charges against you seriously and work for the best possible outcome in your case.
- Shoplifting
- Robbery
- Burglary
- Receiving stolen property
- Check forgery
Criminal convictions will show up on any background check. If you are convicted of theft, it may affect your ability to get a job, especially because accusations of theft tend to lead to mistrust. If you are convicted of felony charges, you will lose your right to own a gun, which includes a hunting rifle. You may also no longer be allowed to cross some international borders, such as the Minnesota border with Canada.
Call the Rolloff Law Office at (612) 234-1165 to schedule a time to come in and talk with me. If I am unable to answer your call, we will return it as soon as possible.
Wednesday, November 6, 2013
Shoplifting Lawyer - Bloomington, MN
Shoplifting, sometimes referred to as theft, is one of the most commonly prosecuted crimes in the State of Minnesota.
Regardless of the circumstances surrounding your case, or the case of your loved one, it is essential that you understand that these are real charges that pose serious criminal consequences --- speaking to an experienced Minnesota Criminal Defense Attorney should be your first inclination.
---
A Minneapolis Criminal Defense Lawyer who Fights for You!
Although shoplifting charges may seem an inconsequential or insignificant offense, these charges pose permanent criminal record issues that can negatively impact your future.
If you or a loved one is facing allegations for shoplifting, I encourage you to schedule a free case evaluation to learn more about the ways in which I can aggressively and intelligently defend you. Call the Rolloff Law Office: (612) 234-1165
Thursday, August 22, 2013
Minnesota Theft Crimes (Explained)
The laws of the State of Minnesota list a number of specific actions that, when committed, would constitute the offense of theft. To get to the bottom of this - read on - and consider calling an experienced Minnesota Criminal Defense Attorney.
Theft (Defined)
A person commits theft under Minnesota law when he or she: intentionally takes, uses, transfers, conceals or retains possession of property belonging to another, with the intent to permanently deprive the owner of the property
obtains possession, custody, or title to property or services by intentionally deceiving another person with a false representation files a false medical claim, finds lost property but makes no reasonable attempt to restore it to its owner
leases or rents personal property but fails to return the property or pay for the property, intentionally deprives another of a lawful charge for cable television or telecommunications service, or, takes or drives a motor vehicle without the owner’s consent. (Minn. Stat. Ann. § 609.52 Subd. 2.)
Classification of Theft Offenses and Penalties in Minnesota
Like many other states, Minnesota classifies theft offenses according to the dollar value of the property or services taken (and sometimes according to the type of property).
Property Valued at Less than $500
The lowest level theft offense in Minnesota -- often called petty theft -- occurs when the value of the property or services stolen is $500 or less. A person who commits theft at this level will receive a sentence of imprisonment of not more than 90 days and/or a fine of not more than $1,000. (Minn. Stat. Ann. § 609.52 Subd. 3(5).)
$500 to $1,000
If the value of the property or services is more than $500 but not more than $1,000, a theft offense is punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $3,000, or both. (§ 609.52 Subd. 3(4).)
$1,000 to $5,000
When the value of the property or services stolen is more than $1,000 but not more than $5,000, a theft offense is punishable by a sentence of imprisonment of no more than five years, or a fine of not more than $10,000, or both.
Theft offenses at this level also include:
- theft of a Schedule III, IV, or V controlled substance
- theft when the value of the property or services stolen is more than $500 but not more than $1,000, and the person has a conviction of a similar offense within the preceding five years, either in Minnesota or elsewhere, or
- the property stolen is not worth more than $1,000, and is taken from a corpse, grave, or coffin; or is a public or court record; is taken during a riot or disaster; or is a motor vehicle. or court record. (§ 609.52 Subd. 3(3).)
More than $5,000
Where the dollar value of property or services stolen is more than $5,000, the offense is punishable by a sentence of imprisonment of not more than 10 years, or a fine of not more than $20,000, or both. Theft offenses at this level also include: theft of a trade secret, theft of an explosive or incendiary device, or, theft of a Schedule I or II controlled substance, other than marijuana. (§ 609.52 Subd. 3(2).)
More than $35,000
Finally, the most serious form of theft under Minnesota law is punishable by a sentence of imprisonment of not more than 20 years, or a fine of $100,000, or both. Theft offenses at this level include: theft of property or services valued at more than $35,000 when certain aggravating circumstances exist, which include fraud, deceit, or a vulnerable adult victim, or theft of a firearm of any value (§ 609.52 Subd. 3(1).)
For more information on how to defend yourself - even if you think you're guilty of Theft --- perform your own legal research or call the Rolloff Law Office to set up a FREE consultation (612) 234-1165.
Thursday, June 20, 2013
Shoplifting & Theft at Mall of America (Explained)
Defending the accused against a Theft or Shoplifting charge in the State of Minnesota requires quick action and effective legal remedies by an experienced Minnesota Criminal Defense Attorney.
Theft/Shoplifting (Defined)
In Minnesota, a theft crime conviction usually falls into one of three categories:
- Misdemeanor – for theft of property worth below $500; punishment may include 90 days in jail and/or a maximum $1000 fine
- Gross Misdemeanor – for theft of property worth between $500 and $1000; punishment may include one year in jail and/or a maximum $3000 fine
- Felony – for theft of property worth above $1000; punishment may include at least one year in jail up to a lifetime sentence and/or maximum fines indicated by Minnesota Law
The Rolloff Law Office been handling the defenses of Theft and Shoplifting crimes in the Twin Cities and all over Minnesota for years. Among the cases we’ve handled include:
- Shoplifting
- Robbery
- Stealing
- Mail Fraud
- Bank Fraud
- Check Fraud
- Burglary
- Embezzlement
- Credit Card Fraud
- Insurance Fraud
- Internet Fraud
And, as a former state prosecutor, I have a profound understanding of the Minnesota legal system and how it deals with criminal matters. With a prosecutor’s trained eye, I can see through each case and identify, plan and carry out effective legal strategies on issues like search and seizures, evidentiary and Miranda issues.
When you entrust your case to us, you’ll enjoy full legal representation, from incisive discussions about your case so you have complete knowledge of where you stand to legal counsel any time of day, any day of the week. Call for a FREE CONSULTATION: (612) 234-1165.
Tuesday, June 4, 2013
Theft & Shoplifting - Bloomington (Explained)
A Theft and/or Shoplifting charge in Minnesota can be one of the more severe and harshest crimes when compared to similar level criminal offenses. Not only can a conviction stay with you for the rest of your life... it can have a major impact on your employment/job prospects, your housing options, and it can stain your name forever. For that reason, it is important to take the time to understand some of the basics surrounding Minnesota Theft crimes. As an experienced Minnesota Theft Crimes Defense Attorney, I have answers (and solutions) for the most commonly asked theft offense questions and cases. Let me put my experience as a Prosecutor to work for you to help you with a basic understanding of Minnesota Theft offenses, as well as possible Theft defenses.
Just because you have been charged doe not mean you have to plead guilt and/or that you will be convicted.
Call the Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165
Thursday, May 23, 2013
Minnesota Shoplifting Attorney
If you have been arrested or cited for Shoplifting – you may think the situation is bad. However, don’t just give up and assume there is nothing to do. You’re facing a possible Theft charge that can have devastating effects on your future.
In a shoplifting case, like any other, an experienced Minnesota Criminal Defense Attorney should look at a case from three ways:
1. Do you have any factual defenses?
Assuming everything in the police reports is true and accurate, does it all add up to the elements of the charge you’re accused of? If you’re charged with theft, can they prove that you had the specific intent to steal? How can they overcome whether or not it was an accident or mistake on your part? I know these are subtle distinctions, but they are necessary elements of the crime the government must be able to prove beyond a reasonable doubt.
From there, we know that the reports are not always 100% accurate. What in the report doesn't add up? Are times, sequences or witness statements conflicting with each other? Are there obvious errors in what happened that can be easily torn apart? When I consult with my clients, we review the facts of the case down to the smallest detail to see where the gaps in the case are.
2. Do you have any legal defenses?
Because most shoplifting cases involve a “private person’s arrest” (sometimes called a “citizen’s arrest”) by the store personnel, they are not necessarily under the same rules as the police. Under the law of the State of Minnesota, they do have a right to detain a person they suspect of shoplifting. If they search you, they don’t have to have a warrant or probable cause like the police do. But that doesn't mean that they can do whatever they want. The store loss prevention officers (a.k.a. security) must still act within the law and appropriately. I have had cases where the loss prevention agents spied into dressing rooms – a clear violation of criminal law. This can absolutely be used to our advantage in your defense. Similarly, if the store security guards used excessive force, that can lead to a tremendous advantage to you either in negotiating your case or fighting it at trial.
From there, the actions by the police – Miranda warnings, searches or other police procedures can factor into how to defend your case.
3. If the facts and the law are against you, how can we best protect you?
Assuming the facts and the law are stacking up against you, what can be done? Often, there can be alternative dispositions worked out, hopefully to avoid a conviction for a misdemeanor theft offense. Diversion, deferred entry of judgment, reduction to a misdemeanor or non-theft related charge are all potential outcomes.
Every case is unique, but by working with the Rolloff Law Office, well before your court date, there are things we can do to help put you in the best possible position for a good outcome in your case when we go to court.
Don’t wait until the last minute before you are due to appear in court. Give call the Rolloff Law Office today to set up a free consultation: (612) 234-1165.
Monday, April 22, 2013
Minnesota Shoplifting (Explained)
While shoplifting is not considered by the curt to me a major offense --- the consequences are. Sure, a person convicted of shoplifting may be placed on probation or receive another type of minor sentencing; however, the damage that is done to the accused's permanent record is what can make things like getting a job, finding a place to rent, and various other necessities hard to get.
When you are facing shoplifting charges, whether you are innocent or guilty, keep in mind that you are innocent until you are proven guilty. Therefore, it is often best that you say nothing that could indicate any kind of guilt because that could be used against you in court, making it harder for you to fight the charges.
Luckily, you do have an experienced Minnesota Criminal Defense Attorney ready and willing to sit beside you, evaluate your case, and guide you through the process and set realistic expectations for you. In the end, working with an attorney may be your best bet to avoid short and longterm consequences all together.
Shoplifting Defenses
If negotiation fails --- and often that is the best defense, especially if you are a first-time offender, understand there are still a lot of individuals falsely accused --- since the camera equipment does not always have high quality images.
An accusation can have a negative impact on your life. If arrested in the store, then people are going to know your face and this is going to result in embarrassment and a lot of anger. Nevertheless, it is best for you to keep quiet and let your Minneapolis Shoplifting Defense Lawyer guide you through the process of proving your innocence or reducing the charges. Your attorney will also guide you in what you should and shouldn't say when you are being questioned.
If you or someone you know has been accused of shoplifting --- you do not need to deal with the situation alone. The legal system can be complicated, but it works in favor of everyone. It is important that the aspects of the legal system that are designed to help you are used to the fullest and only an experienced and competent defense lawyer can do that for you. Call the Rolloff Law Office today at (612) 234-1165 for a FREE case evaluation.
Saturday, April 6, 2013
Shoplifting & Theft (Explained)
Of the "minor" crimes that I work with individuals on as a Minnesota Crimianl Defense Attorney - SHOPLIFTING is one that I believe that can cause the most damage outside the courtroom when it comes to EVER getting another job. Seriously... in this age of instant background checks --- a drug charge or a DWI is not the detriment that an old, small mistake you made when you were a teen and pocketed that Chap-Stik without paying
Shoptlifting (Explained)
There are numerous acts that can be considered theft according to Minnesota law. A person can be charged with a theft crime if they do any of the following:
- Take, use, transfer, or conceal another person’s property without consent and with the intent to deprive the rightful owner of possession
- Steal property or services by false representation, trick, or swindle
- Find lost property and fail to attempt to give the property back to the rightful owner
- Purposely take property out of a money operated machine without depositing money
- Alter or remove identification numbers on property with the intention of preventing identification of rightful owner
- Steal cable through unauthorized connections
- Divert corporate property to use for something other than general business purposes
Consequences
A person can face felony charges and a potential sentence of up to 10 – 20 years in prison and $20,000 – $100,000 in fines if:
- The stolen property or services is valued at $5,000 – $35,000
- The property is a firearm
- The property is a trade secret or explosive
If the stolen property or services is valued at $1,000 – $5,000 a person can face up to five years in prison and fines of up to $10,000.
A person can be charged with a gross misdemeanor theft offense if they steal property or services valued between $500 and $1,000. This carries a potential sentence of up to one year in jail and/or $3,000 in fines.
A misdemeanor theft charge occurs when a person steals property or services valued at less than $500. This offense is punishable by up to 90 days in jail and fines of up to $1,000.
There are numerous exceptions and defenses to these consequences. Anyone charged with a theft offense should contact the Rolloff Law Office at (612) 234-1165 as soon as possible to discuss possible defense strategies for their case.
Tuesday, September 18, 2012
Minnesota Shoplifting Charges (Explained)
Shoplifting --- although a minor offense ---- can have major consequences (if not in court) then as it regards your future. That's right - it could hurt your job (or ability to find work,) and could also keep you from getting certain benefits. Your best bet - talk to an experienced Minnesota Criminal Defense Attorney - before you take any actions.
Can I travel outside the United States If I have been convicted of a shoplifting case?
The answer in many cases is no. Many countries such as Canada, Mexico, and some European and Asian countries will not allow you to enter without special waivers and visas which can be difficult or impossible to obtain. Since 9-11 many countries have upgraded security protocols for entry and many now search for criminal records at your point of entry.
Can I be fired from my job due to a shoplifting conviction?
The answer is yes. Unless you have an employment or union contract that states otherwise your employer can generally terminate you upon learning of your conviction. Most employment and union contracts however state that a criminal conviction is grounds for dismissal.
Can an employer discriminate against hiring me if I am convicted of a shoplifting charge? Yes, an employer can discriminate and not hire you if you are convicted of a shoplifting charge. Furthermore even an arrest for Shoplifting in Minnesota will be noted on your criminal record.
If my record is expunged, can my conviction for shoplifting still be used against me?
The answer to this is yes in many cases, however, the grounds are too long to list here. If you have specific questions - please call the Rolloff Law Office to set up a FREE CONSULTATION at (612) 234-1165.
What if I told the police or admitted to the store that "I did it" can I still have a lawyer represent me and win my case: The answer is yes we can still help you and maybe "win" your case but you must take the first step and call so I can review the facts of your case in the privacy of our office. You do have rights just remember your Miranda warnings, but they are limited.
Can one of your shoplifting lawyers help me if I have court tomorrow?
The answer is yes. Although it is not advisable to wait until the last minute to hire an attorney for a shoplifting case, we can still help you. Obviously, the more time our lawyers have to work on your case, the better the results. Its never to late to try. We understand that many courts will may only give you a day or even a week to hire a lawyer before mandating your appearance in court and thus in most cases we can give you a same day appointment --- and it's FREE!
How much will it cost for representation?
The answer is: it depends! It could be a few hundred, it could be much more; it will depend on the lawyer you choose, the amount of time your case needs and the results that you want, whether you were arrested or simply notified of a pending charge and lastly, whether your case will be set for trial in superior or municipal court. We do offer set fees, hourly fees and financing is available in some cases. The question is how much will it cost you if you do not hire the right attorney and get convicted, when you cannot find a job, your education is wasted and your family can not meet its financial needs?
Don't go it alone --- this is some serious sh*t. Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165
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