What Does an Minnesota Attorney Really Do For You?

To many of you, it probably comes as no surprise that many (if not most) of the people I meet with --- individuals accused of crimes --- are in fact guilty or something.  All too often, clients come to me with little or no hope, wondering what (if anything) can be done.  One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with.  An experienced and agressive Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.  In addition, a lick-ass lawyer is often able to negotiate a favorable settlement deal, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two, the fees paid will have been well worth it --- think of it as an investment in your future. Also, good Minnesota Criminal Defense Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Lawyer as Counsler

In addition to what we most think of when we think about a lawyer -- an attorney can also serve as a counselor.  See, those accused of crimes are often in need of something more than merely being represented in court.  Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as drug addiction or mental health issues.  

Criminals may do bad things, but I firmly believe they are not bad people  

Generally speaking, their biggest problem is what could be described as a “lack of foresight.”  A decent criminal defense lawyer can help counsel their client, advising them to address any underlying issues.  This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable.  Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.

There is a balance that must be struck, however.  Those accused of crimes do not need another person to lecture them on their mistakes.  Most already acknowledge that they screwed up somehow, and most are ready to make a change.  It is the lawyer’s role to encourage them and assist them in making the changes they want to make.  One of the very best parts about being a criminal defense attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better.  Rather than focusing too much on the past, I believe it is best to focus on the future.  Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.

I'm a former prosecutor --- and I've been prosecuted myself - let's just say: I know what you're going through if you find yourself facing criminal charges and trips to court.  Call the Rolloff Law Office to set up a FREE CONSULTATION --- (612) 234-1165.   

Charged w/ a Crime Doesn't Mean You're Guilty (Explained)

Sure, it probably comes as no surprise that many (if not most) people accused of crimes are in fact guilty --- maybe not of the crime they're charged but something - right?

Negotiator

All too often, individuals often come to me with little or no hope, wondering what (if anything) can be done.  One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with.  An experienced Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.  In addition, a lawyer is often able to negotiate a favorable settlement, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two --- or the level of the charge from say a Felony to a Misdemeanor --- then the fees you're charged ill have been well worth it.  Additionally, good lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Counselor

Lawyers play many roles --- all too often those accused of crimes are often in need of something more than merely being represented in court.  Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as a chemical addiction or a mental health issue.  Criminals may do bad things, but I firmly believe they are not bad people.  Generally speaking, their biggest problem is what could be described as a “lack of foresight” or exercising poor judgement.

A lawyer can help counsel their client, advising them to address any underlying issues.  This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable.  Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.

There is a balance that must be struck, however.  Those accused of crimes do not need another person to lecture them on their mistakes.  Most already acknowledge that they screwed up somehow, and most are ready to make a change.  It is the lawyer’s role to encourage them and assist them in making the changes they want to make.  One of the very best parts about being a Minnesota Criminal Defense Attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better.  Rather than focusing too much on the past, I believe it is best to focus on the future.  Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.

If you or someone you love is looking for help with a legal issue - please call The Rolloff Law Office today to set up a FREE CONSULTATION and start down the path of doing the next right thing.  Call today: (612) 234-1165

Minnesota Domestic Assault & Gun Rights (Explained)

As a Minnesota Criminal Defense Attorney, I gets lots of questions about Domestic Violence.

Domestic Assault is generally defined as either "an act intended to cause fear of immediate bodily harm or death" or "an attempt or actual infliction of bodily harm upon another" who is a household member.  

This can include any of the following relationships:

• Spouses and former spouses;
• Parents and children;
• Persons related by blood;
• Persons who are presently residing together or who have resided together in the past;
• Persons who have a child in common regardless of whether they have been married or have lived together at any time;
• A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
• Persons involved in a significant romantic or sexual relationship.

These definitions are quite important since it is a common misconception that two persons must actually live together to be in a domestic assault.  Likewise, domestic assaults do not only occur between spouses or between parents and children. 

Levels of Domestic Assault

Domestic Assaults are known as "enhanceable" offenses in Minnesota.  This means if a person is convicted of domestic assault, any future charges and convictions for assault or "qualified domestic violence-related offenses" will be treated harsher.

• Misdemeanor: First-time offense or no qualified domestic violence-related convictions in the past 10 years;
• Gross Misdemeanor: One prior qualified domestic violence-related conviction in the past 10 years;
• Felony: Two or more qualified domestic violence-related convictions in the past 10 years (maximum punishment of 5 years in prison or $10,000.00, or both.)

 Qualified Domestic Violence-related Offenses in Minnesota

What is considered a "qualified domestic violence-related offense" under the laws of the State of Minnesota --- here are some examples:

• Violation of a domestic abuse order for protection
• Violation of a domestic abuse no contact order (DANCO)
• Murder in the First and Second Degree
• Assault in the First, Second, Third, Fourth and Fifth Degree
• Domestic Assault
• Domestic Assault by Strangulation
• Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
• Malicious Punishment of a Child
• Terroristic Threats
• Violation of a Harassment Restraining Order
• Stalking
• Interference with an Emergency Call

As you'll note, someone with any of these convictions who then commits a Domestic Assault will face "enhanced" charges and more severe penalties.

Domestic Assault and the Effect on Firearms in Minnesota 

If an individual is convicted of Domestic Assault, and the court determines that the victim was a family or household member, the defendant can be prohibited from owning and possessing fire arms - forever!

Common Defenses

Some defenses to domestic assault include self-defense, defense of another person, defense of property and false allegations.  It is a common scenario to have one the defendant and the alleged victim as witnesses to the assault.  These cases are often referred to as "he said, she said" scenarios.  Factors to consider in such cases include the credibility of the witnesses and the criminal history of the defendant.  Because of assault case presents different facts and circumstances, it is wise to seek the opinion of a criminal defense attorney on possible defenses and the likelihood of success at trial.


What to Expect


Persons charged and convicted of domestic assault can expect to have their right to carry firearms taken away, as discussed above.  Defendants can also expect a combination of the following: probation usually lasting 2 years, a monetary fine, no contact with the victim, substance abuse counseling or treatment, community service, anger management classes, electronic home monitoring or local jail time.  First-time offenders typically serve no jail time or a very short amount of jail time (such as 2 or 3 days, which oftentimes can be served through community work service or house arrest).  For second and subsequent convictions, these same expectations exist but the length or probation is increased along with the likelihood the person will serve time in local jail.
Each case has unique facts and circumstances.  Furthermore, not every city and county handles domestic assault cases the same way.  Harsher punishment is typically sought in cases where the victim was badly hurt, alcohol or drugs were involved, there is a pattern of abuse, a weapon was involved or where the defendant has prior criminal convictions.


Domestic Assault Defense Attorney in Minneapolis, Minnesota


If you face domestic assault charges in the Twin Cities, call the criminal defense attorneys of Keyser Law Firm at (612) 338-5007 for a free consultation.  You can also fill out the "Free Consultation" box on this page to directly e-mail our attorneys.  Our fees are affordable and we accept payment plans for select clients.

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.