Minesota Order For Protection Lawyer

If you have recently been served with a No Contact Order ... like an Order for Protection and/or a Harassment Order, you should talk to an experienced Minnesota Criminal Defense Attorney.  Often these orders are unfairly obtained ... and if you don't fight it, you could be subjected to significant restrictions to your personal freedoms and criminal consequences.  

What You Need to Know

The NO CONTACT Order for Protection is available to the family and household members of the abuser. "Family or household members" means the following people: current spouses, former spouses, parents and children, persons related by blood, persons who are currently residing together, persons who have resided together in the past, persons who have a child in common, a man and a woman if the woman is pregnant and the man is alleged to be the father
persons involved in a significant romantic or sexual relationship

If the person abused is a minor, then the minor's guardian may bring the petition on the minor's behalf.

Why You Need to Fight

An Order for Protection is a cheap, quick, and easy way to obtain temporary custody, child support, spousal maintenance, and possession of the house and everything in it. It is a crippling blow to the one who gets the order, who must quickly deal with the immediate issue of finding a place to live and not having access to his residence, while the accuser is comfortably moving on to further stages of the custody battle.

Worse, once an Order for Protection is obtained, this document is repeatedly photocopied, flagged, highlighted, waved around like a red flag, and referred to in ominous tones at every opportunity by counsel for the “victim.” Whether rightly or wrongly issued, it creates a bad first impression and predisposition for any judge, custody evaluator, guardian ad litem, or other third person involved with the case.

Because an Order for Protection can be such a powerful weapon, it is often abused. Many allegations of abuse are wholly fabricated. Many are gross exaggerations. Any physical contact during an argument becomes an assault. Any vague comment about future possibilities becomes a “threat.” For example, a client once retained me in a divorce, who had previously had an OFP issued against him for telling his wife that she would come to regret her decision to pursue divorce. The spouse said that made her feel threatened. The Court bought it, and issued the OFP.  

Worst Case Scenarios

The fact that OFPs are so often abused has all too often really bad results, such as:

False abuse claims can result in great advantage in custody cases, to the harm of children, who suffer from the lack of contact with the other parent. I’ve heard more than one judge state from the bench that he must “err on the side of caution” and grant the OFP. (This is contrary to law and downright asinine, because it doesn't take into consideration the harm that the erroneously issued OFP will have on the children). Nevertheless, this attitude is all too prevalent on the bench.  

And/or:

Legitimate abuse claims can and do get rejected by judges who are biased in the other direction, denying orders for protection in the belief that the abuse claim is a fraudulent attempt to gain advantage in custody proceedings, when in fact the abuse was very real.

What Should You Do?

If you should be so unfortunate as to become the Respondent in Order for Protection proceedings, where custody and parenting time of children is at issue, it is extremely important to retain an experienced Minnesota OFP Attorney as soon as possible, so that your attorney has as much time as possible to prepare for the OFP hearing, including to subpoena witnesses if necessary. OFPs figure largely in child custody cases, even when they’re issued on behalf of the spouse only and not the children. It is essential to defend aggressively against them.

One road to go down... if the OFP Petitioner has ever committed acts of domestic abuse against you, it is almost always advisable to bring a counter-petition for an OFP yourself, to be heard at the same time as the Petitioner’s case against you. This requires that you act very fast once you are served.  Honestly, if you are the victim of domestic abuse and need an OFP, don’t delay in seeking it, because if you do, your motives will be called into question along the lines of: “if you really were in fear, why did you wait X number of days/weeks/months to seek and Order for Protection?” Better to drop everything and bring your Petition for an OFP immediately after the abuse occurs.

Fire Arms

An often overlooked consequence of an Order for Protection is that the person restrained thereby may not possess any firearm for as long as the order remains in effect.  Violation is a federal felony offense punishable by up to 10 years in prison. So if you’re a hunter, this can be an important consideration.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

How to Keep a Speeding Ticket Off of Your Record

I get it --- If you can --- keep speeding tickets (heck - ANY tickets) off of your driving record, right?  Why? ... Well, we all know that your insurance company will use them as an excuse to send your rates through the roof. 

How to Keep a Ticket Off of Your Record

In Minnesota, there are a couple of different ways to do this ... with or without an experienced Minnesota Criminal Defense Attorney.  

The easiest is to request court supervision. Some Minnesota courts may allow you to use this option.  This means negotiating a resolution whereby --- as long as you get no new tickets the conviction won't show up on your record. In order to do this, you must do three things: (1) obtain an agreement from the DA, (2) pay the "fine" they assess, and (3) make sure that you get no new tickets of a same or similar nature.

The other way of "beating" a Minnesota Traffic Ticket is far less reliable: pleading guilty and trying to defend yourself against the charge. If you try to do this, it's important to make sure you have a valid defense-otherwise, you are wasting your breath. To help motorists examine the strength of their defensive strategy, the court's even provide a list of defense that will not be accepted:

• "The sun was in my eyes."
• "I was keeping up with the flow of traffic."
• "My speedometer was broken."
• "I did not see the sign." (Unacceptable unless the sign was not placed in accordance with state standards.)
• "I was unfamiliar with the neighborhood and was lost." 

In fact, if you choose to plead innocent, you may be better of using the services of a Minnesota Traffic Ticket Lawyer. Such a person is much better prepared to argue your case than you could ever be. Lawyers know which defenses are likely the work and which won’t, and they have a better knowledge of the ins and outs of the court system than most people do. 

If you have ANY questions about what a lawyer can do for you - call The Rolloff Law Office to set up a FREE consultation.  Call (612) 234-1165.

Disorderly Conduct (Explained)

If you have been charged with disorderly conduct in the State of Minnesota, the implication is more than a you got a little bit rowdy or that a situation in which you were involved got out of hand.

Instead, a Disorderly Conduct charge can carry the possibilty of going to jail or a BIG fine and alleges that you have unreasonably caused a disturbance and breached the public peace.

However, there may be certain circumstances in the case that makes it possible for the case to be dismissed or the charges to be reduced. Reduced charges do not carry the same level of embarrassment or the penalties that the full charge would cause. The way to achieve this is through an experienced Minnesota Criminal Defense Attorney.

Disorderly Conduct (Explained)

It is possible for an act to be misconstrued as disorderly conduct or for it to be exaggerated. The following are examples of acts that result in disorderly conduct charges:

• Fighting and/or brawling;
• Disturbing a lawful meeting or assembly;
• Abusive behavior;
• Noisy or offensive conduct - consisting of abusive and obscene language; and/or
• Any act that is meant to cause alarm, resentment, or anger in others

There is a misconception that none of these acts are serious. The truth is that it is a Misdemeanor criminal offense can result in a fine and possible jail -- and a criminal record.

Consequences (Explained)

There are big consequences when it comes to looking for a job, schooling options, living arrangement or even having your friends and family finding out that you have a misdemeanor for Disorderly Conduct conviction on your record. First, they may believe that you are a belligerent person when you may not be. Second, they may think you cannot be trusted or that you will lose your cool. This is why you need to fight the charges, despite the misdemeanor status.

Your experienced Minnesota Criminal Defense Attorney will work with you to come up with a strategy that can result in you paying lesser penalties or even getting the charges dismissed. Even if you are convicted, it is best to have as few consequences as possible involved. When someone does a background check, they may also look to see what the outcome was. The outcome can have an influence on their perception of the crime. If you served no jail time, that is going to look better than if you did serve jail time. Your attorney fights for the best possible outcome.

Disorderly Conduct may not seem like a serious offense, but it is one that can result in a number of consequences - in the sort and long term. If you have been charged with Disorderly Conduct simply due to a misunderstanding or an action that has been exaggerated, you need to defend yourself. To do so, contact the Rolloff Law Office and get the information you need to provide you with a comprehensive defense. To learn more, call (612) 234-11653 for a FREE consultation.

Minneapolis Prostitution Attorney (Affordable)

Prostitution is the act of performing sexual acts in exchange for money. If you have been accused of prostitution you need an experienced Minnesota Criminal Defense Attorney to help you fight the charges.

Prostitution Charges (Explained)

When someone is arrested for prostitution, it is because the officer is arresting them for allegedly loitering for the purpose of soliciting sex from an individual. Many officers work undercover as johns and as prostitutes so they can arrest johns looking for sex from prostitutes.

Not all of these acts are indicative of prostitution. This is why a person can be falsely accused of prostitution.

In the case that an undercover officer is used, they pose as johns or as prostitutes and they look for key elements, such as the discussion of what acts will occur and how much it will cost. However, there can be problems with this process and the arrest procedure itself. If rights are violated, then the arrest can be deemed invalid. This type of undercover work can be considered entrapment.

Defenses (Explained)

All too often, officers go undercover --- and that can or cannot be considered entrapped, even if the accused feels like they have been entrapped. These types of sting operations are allowed for a variety of reasons without them being considered entrapment.

The key to this type of operation is what kind of non-verbal and verbal communication occurred. Your Minnesota Criminal Defense Attorney will dig deeply to find out what happened right before the arrest and will also thoroughly examine the police report, as well as interview witnesses. All of this information is used to create a strategic defense for you. Revealing the facts and using the law as it pertains to those facts will help build a strong case.

Prostitution is a serious crime - insofar as it is considered a type of sexual offense.  So, if you or someone you love has been arrested for as much the consequences can be rather harsh if convicted. If you have been accused of prostitution, you do have rights and the right to exercise them. To do this, you need a kick-ass, affordable attorney to help you. To find out what the Rolloff Law Office can do for you and your case, call (612) 234-1165 to schedule a free consultation.

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.