Do You REALLY Need a Lawyer? (Explained)

If my experience as a prosecutor and as a Minnesota Defense Attorney has taught me anything it is that if someone comes forward and seeks help (and or volunteers information to law enforcement,) they will be prosecuted mercilessly.

Why? 

Well, apparently, that is our legal culture. 

Instead of working to redeem the fallen, the government all too often takes some perverse joy in punishing wrong doers.  Now, this does not mean that that's always the case, but our laws - in how they're written and applied - seem to default to this outcome more times than not.  Therefore, all rationality goes out the window - and as such I cannot encourage someone to go it alone or seek help (if their problem or issue is legal in nature) without someone who knows the "game" by their side every step of the way. 

This is why I am a criminal defense attorney - plain and simple.  If you're going to get kicked while you're down - you need someone at your side who can defend you and fight back because as much you and I would like to believe that the government has our best interests in mind --- that is just NOT always the case. 

What Should You Do?

Here's the deal, a lot of people (myself - at one time included) believe that their lack of cooperation or their desire to engage a lawyer before talking to law enforcement would end up being worse for them than if they just go in an explain themselves . Well, let me set you straight - that is simply untrue.  In all of my years of experience, I can barely recall a situation where cooperation (whether someone was innocent or not) worked out for the better.  

Here's what you have to understand, more often than not the government thinks they know what happened already - so instead of listening to your explanation, they're often only really looking for those things that you say and do that confirm their suspicions.  As such, "going it alone" or "helping the police" (who in turn say they'll help you) rarely turns out to be as simple as it sounds.

If you or someone you love is embroiled in some sort of legal dilemma - the best thing you can do to preserve your rights and your future is to talk to a lawyer - first - to understand exactly what you're dealing with.

Call the Rolloff Law Office today to find out more.   

Drinking, Hunting & Criminal Convictions (Explained)

I dare to say - after complaining about the Vikings --- most Minnesotans favorite past-time is hunting.  And, like with most extra-circular activities, adult beverages can be part of that enjoyment. However, (in addition to just how smart (or not) trolling the woods with a buzz and a loaded fire-arm might be,) it begs the question: “Can I drink and hunt?”

Under the laws of the State of Minnesota, a person may not take wild game (with a firearm or by archery) if the individual is under the influence of alcohol or a controlled substance.  A person is considered under the influence - much like with a Drunk Driving arrest situation)  when the person’s alcohol concentration is (.08) or more; when the person’s alcohol concentration is (.08) or more within two hours of the taking of wild animals; or the person is knowingly under the influence of any chemical compound. 

Now, what this maens essentially is that a person needs not be "drunk" in order to be found guilty of hunting under the influence; rather, they need only be under the influence to the extent that it would make it less safe for them to hunt than it would have been had they not been under the influence to any extent.  (Get that?  Me either, and I'm an experienced Minnesoat Criminal Defense Attorney.  But seriously, I have had some experience with individuals who run up against accusation of hunting while under the influence.  If you find yourself having to answer such questions and/or charges, you need to get a lawyer involved for the consequences can be long-lasting.)

Criminal Records and Fire-arms

Even for those that do not wish to drink and hunt, your criminal record could prevent you from partaking in this past time.  With certain limited exceptions, the following individuals are not eligible to possess a firearm, include those who:

• Arender the age of 18; 
• Have been convicted of a crime of violence or a felony-level drug offense; 
• Have been charged with a crime of violence; 
• Have been convicted in another state of non-felony domestic assault or repeat assault; 
• Have been convicted of a felony punishable by imprisonment for more than one year; and 
• Are currently charged with a felony punishable by imprisonment for more than one year.

 What Should You Do?

You know, if you enjoy hunting - but you've had some problems in the past - be smart about it.  Make sure you are eligible to possess a firearm and  if you're going to consume any alcohol, be aware of the regulations and the repercussions for failing to abide by the statute.  If something has gone terribly awry, and you think you need a lawyer, feel free to call the Rolloff Law Office at (612) 234-1165 and we can work with you to minimize any unforseen complications.jmr

Minnesota Property Seizures (Explained)

In addition to your freedom, your participation (true or not) in a crime could also result in the loss of your property. Investigations by the government can result in the forfeiture of your property, even if you are never charged with a committing crime.

According to the laws of the State of Minnesota, your property can be seized if:

• the seizure is incident to a lawful arrest or a lawful search;
• the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or
• the agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that: the property was used or is intended to be used in commission of a felony; or
• the property is dangerous to health or safety.

What This Means to You

Well, if you're driving your vehicle and are stopped for a felony-level Drunk Driving offense or a drug charge, law enforcement can seize it.  If the government believes that you are selling drugs, they can take any cash they find if they believe it is intended to be used in the commission of a said crime. Almost any property that the cops believe is part of a crime, they can (and often will) take and keep it.

Common Items Seized

• Cash
• Weapons
• Cars or trucks
• Computers

In addition to this list, the government can order other items seized and forfeited; sometimes up to and including your home. Again --- anyhing they believe was used in the commission of a felony can be seized.

How Does This Happen?

The procedure the government use is quite simple and can occur without a heck of a lot of justification.  Rather, the burned in often up to the person whose property was seized to challenge the the taking. Worse, any decision on the property the government seized may be delayed months or years while any possible criminal case is pending.

What Should You Do?

What can you do? First, you must act within a very short period of time – often as little as two months – to work to get your property back. Then you have to take the case to court and challenge the government over what they took from you. Having an experienced Minnesota Criminal Defense Attorney help you through this process can make it much easier, and make it more likely that you will recover the things that were taken from you. If you've had property seized, call the Rolloff Law Office today and see what they can do to help you recover it.. Call today - (612) 234-1165 -  to schedule a free consultation.

Minnesota DWI Myths - Part 3 (Explained)

There are myths and then there are MYTHS.  Here are some of the most common misconceptions regarding Minnesota DWIs that I'm often called on to respond to.
 
1. Sucking on pennies or using mouthwash will help lower your blood alcohol concentration result.
WRONG: Sucking on pennies or anything else that is copper will have no effect on your blood alcohol concentration (BAC) result. As far as mouthwash or breath sprays go, these substances can actually inflate the amount of alcohol found in BAC results, not lower them. Both of these substances contain low amounts of alcohol that an advanced breathalyzer may be able to pick up.

2. You must take the Field Sobriety Tests.
WRONG: While the police are not required to tell you this, in the State of Minnesota, the law does not require that you perform any type of test, including a Field Sobriety Test. However, you should know that if you do refuse to perform this test, the officer will most likely arrest you. You should always take in your surroundings and consider whether or not you are able to successfully pass a field sobriety test before you out right refuse.

3. Field Sobriety Tests are always an accurate measure of a person’s BAC level.
WRONG: Even the National Highway Traffic Safety Administration has said that people, even when they are sober, have difficulty correctly performing field sobriety tests. Several factors such as nervousness, fear, fatigue, weather conditions, leg/foot injuries, etc. can all have an impact on the results of a field sobriety test.

4. “Alcohol on the breath” is a reliable sign of alcohol intoxication.
WRONG: One fact that many people don’t know about alcohol is that it is actually odorless. What people are smelling when they perceive alcohol on the breath is the smell of the ingredients often included in alcohol. For instance, the breath of someone who has been drinking O’Douls Non-Alcoholic beer will smell the exact same as someone who has been drinking Budweiser. Therefore, breath odor strength estimates are completely unrelated to a person’s BAC level.

 What Should You Do?

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Public Defender or a Private Attorney (Explained)

Don't get me wrong, public defenders play one of the most important roles in the the criminal justice system.  As a prosecutor, I worked with a number of public defenders who'd I put in the same league as the best (and most expensive) private Minnesota Criminal Defense Attorneys - and they often do their work with little to no budget. Time and time gain, I observed these public servants provide, to individuals who just cannot afford to hire a representative, the essential safety net that's guaranteed in the constitution.  However, as the illustration above points out there are common issues - like a lack of oversight, absence of specialized legal training, high turnover, and excessive case loads - that plague the public defender offices all over the country. This article points out some of the larger problems facing individuals in the State of Minnesota.

You will have almost no chance of winning your case if you choose the wrong attorney.

Understanding the current state of most people's pocketbooks, many individuals find themselves eligible for the services of a public defender.  These state-paid attorneys, sometimes called “public pretenders” can be unfairly branded as not-so-great lawyers. In reality, many of them provide outstanding services to the accused. But, consider some of the limitations listed-above when weighing whether or not you should hire private counsel - especially when you consider your future.  .

Time. Public defenders have increasing case loads, now more than ever. Due to the economy, defendants are turning to public service attorneys over private attorneys because they cannot afford the fees. As a result, public defenders get stuck with too many cases to handle, driving down the quality of their representation. Often a public defender will not even look at your case until you meet him for the 1st time right before court. The attorney may not want to fully explore your defenses or may simply convince you that the first offer is a “great deal” so he or she can tackle the dozens of other cases after yours.

Choice. You do not get to choose who your public defender is. A large part of hiring private counsel is the ability to screen for an attorney who makes you feel comfortable. Being charged with a criminal offense is never a pleasant experience. As such, you need an attorney who will put you at ease and make you feel comfortable in making the decisions affecting your future.

No Implied Consent Representation. If you are charged with Drunk Driving, a public defender cannot represent your implied consent challenge (also referred to as the “civil” side or the “license” portion of a DWI case). The only way to recover your suspended license is to hire a private attorney.

What's the Alternative?

I understand that anyone accused of a crime wants a skilled attorney to handle their case.  My client's (who've previously been appointed a public defender) tell me that they had no choice but go with that option first because they thought that my fees were simply too high.

Believe it or not, when you view these fees in the context of an "investment" in your future- understanding that you only get one chance to fight this thing that could impact you everyday for the rest of your life - I think you'll see that The Rolloff Law Office's reputation for providing exceptional legal defense at competitive rates is correct.  Plus, I also offer flexible payment plans to my valued clients.

Call me today to speak to an experienced Minnesota Criminal Defense Attorney directly at (612) 234-1165.  I have the time listen to what you want to happen with your case - and I'll work doggedly to make that a reality.

Minnesota Criminal Defense - Top 10 Constitutional Rights

With all apologies to David Letterman... these are (IMHO) the 10 Most Important Constitutional Rights you and I have.  If you or a loved one is facing criminal charges, it is imperative that you understand that you have rights. The paramount one being the right to retain a Minnesota Criminal Defense Attorney. The accused is guaranteed the right to legal representation, whether the attorney is appointed for him or he hires a private attorney.

10.    Right to an attorney;
  9.    Right to effective assistance of counsel;
  8.    Right to cross examine and confront witnesses;
  7.    Right to testify on one's own behalf;
  6.    Right to remain silent;
  5.    Right to a speedy trial;
  4.    Right to use courts subpoena power to compel witnesses to testify;
  3.    Right to a jury trial (in most cases);
  2.    Right to an impartial jury; and
   1.   Right to produce evidence on your behalf.

Hmm... that seemed funnier when Letterman did it.  But seriously, these things are important.  If you find yourself charged with a crime you owe it to yourself to at least talk to an attorney about your options - and learn how a conviction could impact you both in the short- and long-term.  Court, judges, prosecutors --- this is all serious stuff.  Don't go it alone.

If you need answers to your legal dilemma, feel free to call the Rolloff Law Office at (612) 619-0262 to set up a free, no obligation consultation today. 

Minnesota DWI Myths - Part 2 (Explained)

There are myths, legends, tall tales and there are truths.  When it comes to monsters and whatnot - such stories are probably okay. But, I guessing that when it comes to you and your future - not so much - right?  Seriously, there are a lot of stories out there about DWI arrests.  Some are not so true, some are purely false and others ... I call myths.  As an experienced Minnesota DWI attorney, I've heard them all.  Today, I expose the myth and set the truth straight.

1.  If I am convicted of Drunk Driving, and I lose my license, I can get a restricted license.

Yes, and no. Believe it or not a conviction is not required to have one's driver’s license revoked for a period of time. In nearly every case, the Minnesota Department of Public Safety can, and does, revoke driver’s licenses without requiring a court conviction of an offense of Driving Under the Influence. In fact, should your blood, breath or urine test at (.08) or greater, your license will be automatically revoked without your ever having had appeared in court or before a judge. Know this too, even if your are ultimately acquitted of DWI (or the criminal charges are dismissed) your license revocation may still stand, since the procedures and rules of the DPS operate independently of the court system. Further, a restricted license is only granted under certain circumstances and specific times.  Each case is different.

TIP: By challenging a license revocation, your attorney can have some control over when your license will be revoked, rather than when the DPS or the arresting officer says it will happen.

2. Even if I am convicted of a Minnesota DWI, because of my excellent driving record, I will probably get probation, and not have to go to jail or do community service.

Your excellent driving record really won't amount to much - when it comes to an arrest for Drunk Driving.  No probation is possible, but in most jurisdictions every person who is convicted of such an offense must serve at least 2 days in jail, or must perform some form of community service. Often there are no exceptions.  And we're only talking about a 1st offense.  If you're on your 2nd or 3rd DWI - the mandatory minimums are much more onerous.  No exceptions, unless you agree to enter a long and costly alcohol rehabilitation program.

TIP: If you consent to treatment or some other form of rehabilitation you maybe able to reduce some of the often allotted periods of jail and community service.  As a former prosecutor, I know what the prosecutor and the judge would like to see on the record before they agree to leniency.  If you're looking for a break - you need someone to go into court and get it for you.

3. If I am stopped and arrested for DWI, I am as good as convicted.

This is an all-time favorite of mine because it hits upon a maxim I learned all to well as a former DA: All arrests do not lead to convictions.  Despite the attitude of many courts and prosecutors, there are defenses to the crime of Drunk Driving which should be raised by you or your experienced Minnesota Criminal Defense Attorney.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to "fudge" their interpretation of what lead to a DWI arrest.  Also, many of these same officers are just not qualified to administer the tests you're asked to take and/or they make mistakes when doing so. Now, if you just fall on your sword and plead guilty, you have a 100% chance of being found guilty. However, i you are willing to fight for your rights, and to contest the government's case, you will have the best chance of a satisfactory outcome.  (And get this, more often than not the outcome for for the arrestee does not get worse because they want to challenge the government ... so don't be afraid to stand up for yourself!)

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

What You Should Do!

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pepto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Call the Rolloff Law Office today to set up your free consultation.