Monday, December 5, 2011

Minnesota Theft Crimes (Explained)



Theft offenses can range from Shoplifting, which is a often cited as misdemeanor, all the way up to Aggravated Theft of Property, which is a felony.

Regardless of the charges you or someone you love may be facing pertaining to Theft, odds are you will need the services of an experienced Minnesota Criminal Defense Attorney who focuses his practice on these types of crimes to ensure that your rights are upheld and that your future isn't ruined.



What You Should Do?

If you are facing theft charges in Minnesota, I'd advise you to contact the Rolloff Law Office as soon as possible.  The quicker you have an attorney involved in the handling of your case, the more effective he can be and the better the results may be for the outcome of your case. I'm a former prosecutor who has worked dozens of these cases - from both sides of the aisle.  I am in a unique position to help you fight these charges and/or earn you the best possible outcome.  Call today to set up a FREE consultation: (612) 234-1165.

Why You Should Do That

Theft charges will follow if you take control of another's property or services with the purpose of trying to deprive them of it without their permission - through the use of force, deception, threat, or intimidation. The seriousness of the charges and the penalties these accusations carry will depend on the facts of your case, including the value of the goods, property, or services that was stolen. The charges will be elevated even further under specific circumstances, such as theft involving the elderly, disabled persons, theft of a firearm, or theft involving drugs.

In order to protect yourself in court and minimize the adverse consequences, it is in your best interests to consult with an experienced Minnesota Criminal Defense Attorney who has the knowledge and skills to aggressively defend you. against these charges.

Friday, December 2, 2011

The Stages of a Court Case (Explained)


As a former prosecutor I have had the chance to be involved in nearly all aspects of a criminal case.  That insight - those years working to lock people up - has helped me to earn my clients the outcomes they want - not just want the government is willing to offer. 

I. The Arrest/Investigation
Most of myr clients have already gone through this process by the time they speak with me.  This is the evidence gathering phase, where the police are trying to find out what they need to know about whether you've committed a crime.  It is vitally important to your defense that you do not speak with the police officers or any other agent of the government without first speaking with an experienced Minnesota Criminal Defense Attorney about your case.

II. The Charges
Once the law enforcement have decided that they are going to arrest you, they will charge you with whatever felony or misdemeanor they believe that you've committed.  Many times they will only charge you with one or two things and then turn it over to a prosecutor for the rest.

III. The Grand Jury
In the case of major felonies (such as murder) the prosecutor only has input in the charges, the final word is usually placed in the hands of a Grand Jury.  The Grand Jury will, if it believes you may have committed a crime, issue an indictment for all of the felonies that they believe evidence exists to show that you committed a certain act.  In some, very rare, cases the Grand Jury will not issue an indictment - meaning that they do not believe probable cause exists, however this is VERY rare.

IV. Arraignment
After you have been indicted you will be summoned to an arraignment.  At this point you should definitely consult with an experienced Minnesota Criminal Defense Attorney.  At this stage you will be given the choice between entering a plea of “Guilty”, “Not Guilty”, or “No Contest”.  In general it is in your best interests to consult with an attorney, if you have not yet you should probably consider what happens if you plea guilty vs not guilty.  If you plea guilty you will be convicted of all the charges against you – the judge will not throw cases out (despite what non-lawyers might say).  If you plea not-guilty your case continues.

One thing that most defendants don't understand is that pleading "not guilty" does not usually set you at odds with the government - even if the evidence is overwhelming that you committed the act that they're charging you with.  Remember, everyone should be considered innocent until whihc time the state proves guilt - beyond a reasonable doubt.  Up until that time, there is room to negotiate an outcome for your case - which may not mean you'll have to suffer the most serious consequence. 

V. Pre-Trials through the Trial
After you have hired a Minnesota Defense Attorney he will prepare for trial by demanding discovery, or the evidence, that the government has.  This means he will obtain police reports, statements, videos, DNA, or whatever other evidence that the State might have.  Also, he will begin preparing your defense by speaking to your witnesses, examining your evidence and advising you of the status of your case.

In felony cases it is common to have multiple pretrial hearings before a trial, or suppression hearing is set.  Be patient, it is a long process.


The Right, Next Step
If you have been arrested, charged, or are under indictment, you need to talk to an attorney.  I would be more than glad to speak to you about your case.  As a former assistant prosecuting attorney I know exactly what is at stake for you and I would be honored to become your Minnesota Criminal Defense Lawyer.  Call today at (612) 234-1165 for your free consultation.

Monday, November 28, 2011

Arrested For Minnesota DWI Over the Holidays? (What To Do Next.)


If you were one of the many who hit Minnesota's highways and by-ways this past weekend, you probably noticed the increased police presence as part of the government’s Drunk Driving enforcement efforts.

Unlike other times of the year, these sorts of concentrated efforts to ensure safety have certain side-effects - such as that police officers are in the mindset to make arrests and thus make a high number of false arrests.

False Drunk Driving Arrests in Minnesota


The Minnesota DWI Attorneys at the Rolloff Law Office have fought many Drunk Driving cases and demonstrated that bad equipment, improper lab work and under-trained/over-worked police officers are all common causes for these problematic arrests.

As a former prosecutor, I know a good case from a problematic one.  With  my "inside knowledge of the government's mind-set and schemes, I offer a rigorous and thorough defense to protect the rights of my clients to get them the best possible results.


The Next Best Step

If you are one of the many people who were charged with a Minnesota DWI over the holiday weekend act now by calling (612) 234-1165.

You are entitled to a free detailed consultation - call today and I will explain the charges against you, review the evidence and help you chart out a course of action.

The Rolloff Law Office has the knowledge, experience and dedication to fight your case to the finish.

Tuesday, November 22, 2011

Minnesota DWI Questions - Answered


With the upcoming holidays, they'll be the opportunity to eat, drink and be merry.  If you do a little too much of either, you could subject yourself to the possibility of a ticket or legal charges.  Before you get your "ho-ho-ho" on, here are some things that you might want to keep in mind.  These are some of the frequently asked questions I get, as a Minnesota Criminal Defense Attorney.
  1. Will I be able to get my case dismissed because I was not read my rights?
    Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
  2. Will I go to jail?
    An experienced Minnesota DWI Attorney may be able to keep you out.
  3. I had three alcohol related driving offenses within the past ten-years, what's going to happen to me?  The "look back" period in the State of Minnesota is 10 years.  If you've been found guilty of DWI and/or loss your driver's license as the result of a drunk driving arrest (within the past 10 years) each of those old arrest can be used to enhance the new charge you're facing.  If this is your 4th such incident in the past 10 years - you're no looking at the possibility of being charged with a Felony.
  4. Am I a bad person, because I was arrested for a MN DWI?
    No, but you are well advised to never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.
  5. What if I burped within twenty minutes of blowing?
    The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.

What Should You Do?
My approach to handling my client's cases is informed by my previous experience prosecuting cases for the government.  That inside knowledge, of the government's schemes and motivations, has helped me win my clients the results they want --- not just what the State is willing to offer.  

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Monday, November 21, 2011

Minnesota Charges - Dismissed (Explained)



As an experienced Minnesota Criminal Defense Attorney, the one outcome more than any other that brings me and my clients the greatest joy is having their charges dismissed or significantly reduced.

Believe it or not this does happen, in one way or another in court rooms throughout the state - everyday. There are many possible options—some quite complicated—to get the charges against you reduced or taken off the table entirely. But the process of doing that starts with one simple step: getting a savvy, aggressive Minnesota Criminal Defense Attorney on your side, right away, who will fight for the best possible outcome.

What to Look Out For

First and foremost, I would caution anyone to be wary of lawyers who quickly promise to get your case dismissed.  Sometimes, that the reduction or dismissal of charges is just not possible.

While it is always my number one priority to work to get the charges against my clients dismissed, the best (and often the only) way for that to be done is to thoroughly explore the circumstances of your case before making any determination as to the possibility of dismissal.

No Minnesota Criminal Defense Attorney can promise you a certain outcome for your case; however, what I can promise you is tough, aggressive lawyer who will look into every option to get you the best results for your case.

How Criminal Charges Get Dismissed

Ultimately, there is only one person who dismiss the charges against you - the judge. Often individuals mistakenly believe that if only the person who originally pressed charges his or her mind the case will just go away.  That is just not true.  In reality, once the government's attorneys take the case, the decision to continue with it is in their hands.


Ways to Get Your Minnesota Charges Dismissed

Essentially, there are two ways to get Minnesota criminal charges dismissed or discharged:

1. Where the government can't prove guilt beyond a reasonable doubt.

In these cases, often there's was something legally wrong with: (a.) the accusations, or (b.) the process of arrest and investigation. Many times, charges can be dismissed if there is not enough evidence to sustain the charges or the defendant has not been arrested within the legal process of the law (for example, where the defendants are interrogated after they stated they were invoking their 5th Amendment right to remain silent) or if evidence was gathered in violation of the offender's constitutional rights. For any of these reasons, cases can dismissed. One other way charges are often dismissed is when the alleged victim of the "crime" refuses to cooperate with the government.

2. Where the government can prove guilt beyond a reasonable doubt.

An odd situation to be sure, but in these cases - even if the judge decides that the defendant is in fact, guilty of the charges - sometimes the nature of the charges and/or the criminal history of the defendant indicates that the case should not go forward.  Often this is done under circumstances such as when the offense charged low level misdemeanor and/or if the defendant has a clean (or even mild) criminal record.  At this point, an agreement can be reached where the judge may decide to dismiss the allegations or offer some type of alternative sentencing. Alternative sentencing can come in a variety of forms, including fines, community service, probation, etc.


What Should You Do?

My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding your arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in your case, as well as your previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.

Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer.  Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Friday, November 18, 2011

Fight Your Shoplifting / Retail Theft Charge in Minnesota!


Retail theft, also known as Shoplifting, can be a serious criminal charge under Minnesota's laws. Depending on the value of the items involved - one could face quite substantial consequences - including BIG fines and jail time. 

No matter the level of the charge, as an experienced Minnesota Criminal Defense Attorney, I feel as though it's my duty to inform you that ANY criminal charge (petty misdemeanor, misdemeanor or felony) must be taken seriously if you hope to avoid the harshest consequences now and in the future.

Why Hire a Lawyer for a Simple Shoplifting Charge?

I get asked this all the time, and even if you are only facing a citation (or petty misdemeanor offense charge) for Shoplifting - with the little to know consequences - you have to understand that this is still your one and only time to keep your record clean and avoid problems that could seriously affect your in the future.  Because, in this day of invasive background checks - it isn't really the penalty the judge is going to impose that you should worry about. Rather, it is what impact is something like this going to have on your future --- after the case is closed.

Any conviction for Shoplifting can remain on your criminal record forever, and could affect future employment opportunities, scholarships, apartment rentals, or any situation where someone might look into your past.

Not to mention that if it ever happens again, you'll be facing a 2nd offense charge and run the all too real risk of jail time. If that happens, you'll regret not taking every opportunity to have an experienced Minnesota Shoplifting Lawyer work for a dismissal and keep your record clean - the 1st time out.

How to Beat a Minnesota Shoplifting Charge

There are often excellent legal defenses against Shoplifting charges. A couple of areas ripe for consideration are: (a.) how the facts of your case apply to the statute, (b.) whether or not the government can prove that you intentionally attempted to steal anything, and (c.) what did the security personnel involved do right and wrong. 

If the case can't be "defended" as such - then I will explore the various opportunities available to individuals so as to reduce the charges or find some sort of alternative disposition for your case, short of you just pleading guilty.  

The important thing to bear in mind is that, even if you know you made a mistake, that doesn't mean you should be punished severely. You should still have an attorney looking out for your best interests.  Fin that someone who'll effectively argue for leniency and make sure a minor mistake doesn't have to follow you around for the rest of your life.


Doing the Next, Right Thing

I've worked cases like this from both sides of the aisle - formerly as a prosecutor and now as a Minnesota Criminal Defense Attorney.  My insight in to the government's schemes and motivations has helped me to win my clients favorable incomes.  Let me put that inside knowledge to work for you.  Call the Rolloff Law Office today to set up you free, no obligation consultation. 

Let's fight to preserve your rights - and future. 

Wednesday, November 16, 2011

Minnesota Domestic Assault (Explained)


The laws of the State of Minnesota define Domestic Violence as the use of threats of intimidation and physical, mental, and emotional abuse - and can also include kidnapping, harassment, stalking, and even threats of violence.

Understand this - Domestic Violence takes a toll on not only the victim, but everyone involved as well.  If you or someone you love is facing charges for Domestic Assault, you need to get to an experienced Minnesota Criminal Defense Attorney to talk about preserving your rights and your future.

Why You Need a Lawyer

There are many complications and legal issues that arise when an individual steps forward as a victim of domestic violence. Having an experienced Minneapolis Criminal Defense Attorney by your side when faced with a Domestic Violence charge is very important.

There are various degrees of Minnesota Domestic Violence; they involve different levels of alleged abuse and whether one has been convicted of a similar-type offense in the past --- and they each have varying consequences.

Defending Accusations of Domestic Violence

An individual who is being accused of Domestic Violence may be barred from their own residence or communicating (or being in contact) with their family, spouses, or children.

Understand this, it is vital (if you're under investigation for Domestic Violence) that you get in contact with a lawyer right away.  You should also refuse to provide a a statement or speak with law enforcement officers before you have spoken with an attorney.

You can exercise your right to remain silent - you are under no obligation to talk to the police.  In my experience, doing so does not help - rather it tends to harm, greatly. Remember that if you are convicted, it will not only be a permanent mark on your record, but you may have to serve time in jail and/or pay a large fee.


What You Should Do

The Rolloff Law Office understands how emotionally stressful  situations such as these can be. My goal is to ensure that all evidence is correctly gathered and that my clients’ rights are protected. Let me put my experience as a prosecutor to work for you - getting you the outcome you want.  Call today (612) 619-0262.