Minnesota Domestic Assault Lawyer

Domestic Assault cases usually arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  No other offense leads to the types of issues that a call to police can bring.  This is why you should contact a Minnesota Criminal Defense Attorney is you are facing this kind of charge.  Here are some answers to common questions I receive.  

What is Domestic Assault?  

Domestic Assault is the act of placing another person in fear of being harmed and/or punching, slapping or hitting another --- and actually causing someone to be harmed.   

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum sentence of 90 days in jail and/or a $1,000 fine. However, these are enhanceable offenses. As such, if a person is charged with Domestic Assault more than once with the same alleged victim (during a certain period of time) then it can be charged as a Gross Misdemeanor (where the maximum sentence is one year in jail and a $3,000 fine) or even a Felony if there are aggravating circumstances or a number of prior offenses on someone's record.  

What is a No Contact Order?  

All to often, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the accused from having any contact (written, spoken, phone, in person, etc.) with the alleged victim. To have this type of Order vacated (and to allow contact to be resumed) a Judge must quash it. No contact orders are very strict and any violation of the order could land the violator in jail.

What Should You Do?

It is very important to have legal representation since these are very serious cases. If convicted by the Court --- you may be required to serve some jail time, pay a fine, get treatment or other "education" for alcohol or domestic abuse issues, and you may also see your gun privileges restricted.  

 

Call the Rolloff Law Office today at (612) 234-1165 to set up a confidential, free consultation.

Maple Grove Prostitution Arrests (Explained)

A number of hig profile Prostitution Arrests have made the news recently.  If you are looking for help with such a charge, you first call should be to an experienced Minnesota Criminal Defense Attorney.  Just because someone has been arrested - it does not mean that they will me convicted.  Here are some defenses to such a charge.

1. Entrapment Defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.

2. Lack of Probable Cause Defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for prostitution. This means an explicit offer to engage in sexual contact for hire must be reached and documented. If the prosecution cannot prove that such an agreement occurred, the defendant can use this defense. It will be left up to a judge to determine whether the state has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

3.  Due Process Defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. For example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.
Prostitution is often an embarrassing charge that most offenders wish to keep under wraps. The prosecution knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have a knowledgeable attorney to help you through the complex legal proceedings.

The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is addicted to prostitution, the best course of action is to seek help. Call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165. 

Minnesota Boating While Intoxicated (Criminal Defense)

Summer in Minnesota is great for boating ... and it is also a time for BWIs.  BWI stands for “Boating While Intoxicated.” and it is (and it isn't) the same as a Minnesota DWI charge, but indicates that the offender was operating a boat under the influence rather than a car.  

What is BWI?

In Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08). As like with a DWI, violators of this law can be charged with a crime --- BWI ---  (Boating While Intoxicated) and be subject to a court proceeding and consequences.  If you need help with such a charge, you should contact an experienced Minnesota Criminal Defense Attorney.

What Happens if Your Are Arrested for A BWI?

The consequences of a Minnesota BWI arrest are nearly the same as those of a Minnesota DWI offense. 

A first time BWI charge is a Misdemeanor punishable by up to 90 days in jail, payment of a fine of $1,000, and suspension from operating a boat/watercraft for 90 days of the boating season.

As with Minnesota DWIs, a Minnesota BWI charge is an enhanceable offense, meaning that if certain “aggravating factors” are present, the charge becomes a more serious offense --- even a Felony --- with significant sanctions.  

BWI Aggravating Factors 

A BWI can become more serous based on a number of things, including:

Operating a boat with a blood alcohol concentration of .20 percent or more;
A prior conviction for DWI or test refusal in the 10 years leading up to the charge; and
A passenger under age 16 on the boat or watercraft at the time of the offense.

The presence of any of these factors will result in a higher degree of BWI being charged --- even a Felony.  he higher the degree of BWI, the stricter the punishment. Below are the penalties for gross misdemeanor BWI offenses:

• A fine of up to $3,000
• A longer period of mandatory jail time
• Participation in long-term monitoring programs
• Chemical Dependency assessments
• Loss of driver’s license privileges
• Plate impoundment of all motor vehicles owned by the offender
• Forfeiture of the boat involved in the incident

A felony BWI charge is the most serious. In addition to the above sanctions, felony BWI offenders can be sentenced to (in addition to those things listed above):

• Three to seven years in prison; 
• Up to $14,000 in fines; and
• Extended periods of license revocation

An experienced Minnesota BWI defense lawyer can help keep you or someone you love from suffering the worst consequences for these charges.  Regardless of the degree of your offense, call the Rolloff Law Office to help you review your charges, get the right answers and resolve your case in a favorable way.

Minnesota Restraining Orders (Explained)

No Contact Orders --- like Orders for Protection or Harassment Restraining Orders are often obtained to keep one family member away from another family member, but did you know that such orders can be obtained by anyone who feels they are being harassed by or need protection from another person. With a restraining order, the individual who is served the order does have the right to challenge it because violating that order, even by accident, can have stiff penalties. An experienced Minnesota Criminal Defense Attorney can help you challenge these No Contact Orders so that their far-reaching consequences don't effect you.  

Who Gets No Contact Orders?

There are several reasons as to why someone will obtain a No COntact Order. The most common is harassment. Harassment is conduct that causes a person to feel threatened, frightened, persecuted, oppressed, or intimidated in some way. This likely includes the following behaviors: stalking, repeatedly returning to someone’s property, mailings, telephone calls, and other disturbing acts. Criminal harassment and stalking charges can cause someone to incur a criminal record (even a Felony one) depending on the act that they committed the age of the victim, whether a weapon was used, and any other applicable factors.

When a person gets a restraining order against another, they do so to keep that person away from them. However, while some allegations warranting a restraining order may have merit, there are many occasions where they do not. A person may state that an ex is harassing him/her in order to keep that person from seeing a child or a person will obtain an order for retaliation or spite. The order can be issued prior to a court hearing or you having the right to be heard. You can challenge the order at a later court hearing.

Restraining Order Violation

If you would violate a restraining order intentionally or accidentally, additional criminal charges could be brought against you that could result in more consequences. This is why you need to take the steps to challenge the order as soon as possible. An experienced Minnesota Restraining Order Defense Lawyer will make sure you are able to do that and do so effectively. That way you can possibly have the order thrown out, especially if it is one that has been obtained to keep you away from your children, to try and damage your reputation, or cause you to violate it and have you placed in jail. By successfully challenging the order, you are taking steps to make sure it doesn’t exist so that there is no chance you violate it.

f you have been accused of violating a Restraining Order, you need an experienced attorney by your side --- you should not have to simply take the accusations and the penalties resulting from a conviction just to get the matter over with quicker. It is your right to fight the charges so you can have the best possible future. To learn more about how The Rolloff Law Office can help you, call (612) 234-165 for a free consultation.

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

Any of these charges pose a serious threat to your liberties, personal relationships and livelihood and it’s in your best interest to have a Theft Crime Defense Attorney by your side to help you understand the legal consequences of your case and implement a legal defense that may help you avoid severe penalties.

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.

How to Beat a MN Drug Charge (Explained)

As a Minnesota Criminal Defense Attorney, I get a lot of questions about what to do if one is charged with Drug Charges.  First and foremost, remember this: Just because you've been cited does not mean you will be found (or have to plead) guilty!  Here are somethings that can (and should) be challenged.  

1. Bad Warrant

If the officers have a warrant signed by a judge to search your car, home or person, that does not mean that they did not violate the constitution and your rights. In order to get a warrant, an officer needs to make a sworn affidavit to a judge and ask him to find that they have probable cause to search a particular location for particular evidence. These affidavits regularly have incorrect information or information from unknown individual or informants. The warrant may also be challenged if it is faulty based upon lacking of nexus to what to be search, description of where to searched, and the items to be searched for.


2. Bad Search

The 4th amendment protects individuals and grants them the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Unless an officer has a legal reason to make contact or expand the scope of the encounter, the search may be illegal. In order to discourage the police from engaging in illegal searches, courts have ruled that evidence obtained through an illegal search or seizure is subject to suppression.

3. Bad Lab Tests

Just because something looks like marijuana or another drug, the court will not take the prosecutor or officers at their word. Everyone that touched, processed, or tested the evidence will have to appear in court and testify. If one link in the “chain of custody” is missing the evidence cannot be admitted at trial. Even if something has tested positive, that does not mean the lab is credible. Recently, the St. Paul Crime Lab has come under heat for their poor practices. Because of this cases have been dismissed.

4. Bad Police Work

Entrapment takes place when a government agent, typically a police officer, uses threats, harassment, fraud, or even flattery to induce defendants to commit crimes. This can be a great defense if you are charged with sale to an undercover officer in a school or park zone.

5. Bad Charge

This is the ultimate defense. Innocent people are charged with crimes. This tends to happen more commonly in drug cases. For example, John Doe is driving his friend’s car. His friend forgot his prescription medicine in the glove box. If Mr. Doe is stopped and searched, charges could be filed.

The Rolloff Law Office practices criminal defense throughout Minnesota and has for almost 10 years.  I handled cases from minor consumption and DWI charges all the way to 1st degree murder.  For a FREE CONSULTATION call: (612) 234-1165.

Not Read You Rights? (Explained)

Did Cops Fail to Read You Your Rights?

Many people in the State of Minnesota believe that if a police officer does not read you your rights, your case will get dismissed. Unfortunately for people charged with a crime, this is not true. 

“Your Rights”, also known as the Miranda Rights, only apply if the officer asks you questions while you are in custody. This is often referred to as custodial interrogation. This means if you are in the officer’s or the police department’s custody, and not free to leave, and an officer asks you questions without first reading you your Miranda Rights, your statements cannot be used against you at trial. 

However, if you are: (a) not in custody, or (b) you are arrested and you are not read your Miranda Rights, that does not mean the charges against you will be dismissed, it only applies to your statements being admissible at trial --- those things that you tell a law enforcement officer that is against your interest. 

Of course this isn't the only time your eights might be tread upon, that's why you should contact a Minnesota Criminal Defense Attorney.  

If they are not read to you, it does not mean your case is dismissed, however, it could mean that your statements cannot be used against you at your trial ... and that might lead to a verdict in your favor.

If you want to know more, call the Rolloff Law Office: (612) 234-1165