In the State of Minnesota there are four basic levels of offenses/violations: Petty Misdemeanors, Misdemeanors, Gross Misdemeanors, and felonies. Here is some information on what those terms mean - in terms of possible consequences. If you have additional questions, you should contact a Minnesota Criminal Defense Attorney.
A Misdemeanor is the lowest crime you can be charged with in Minnesota. (A Petty Misdemeanor ... due to the fact that no jail time can be assessed, among other rationale, is technically not a crime. More information on this can be found here.) A Felony is the highest level crime you can be charged with. Unlike other jurisdictions, the State of Minnesota does not have different levels of Misdemeanors and Felonies. As such, this means is that the terms encompass wide array of offenses.
Misdemeanors
A “Misdemeanor” refers to any crime that can be punished by up to 90 days in jail and/or up to a $1,000 fine. That’s it. That’s all it means. If you say that you have been convicted of a misdemeanor, it doesn’t tell me anything, except that you’ve been convicted of a low-level crime.
Felonies
A “felony” refers to any crime that can be punished by more than a year in prison. Like saying you’ve been convicted of a “misdemeanor,” telling me you’ve been convicted of a “felony” doesn’t tell me much.
Unfortunately, if you tell most non-lawyers that you’ve been convicted of a felony, they assume the worst. One of the most unfortunate sets of crimes is the drug offense hierarchy. The lowest level is a petty misdemeanor; possessing 42.5 grams or less of marijuana is a petty misdemeanor (not even a crime because you can’t serve jail time for it). Possessing 42.6 grams of marijuana is a felony. There’s no in-between. There’s no such thing as a misdemeanor drug offense. But you may never serve a day of jail time for either offense, and the fine may be the same $300 for each offense. This is why telling me you’ve been convicted of a felony doesn’t tell me much. But I’m a lawyer. There is a huge stigma in the community about felonies. This is largely based on not knowing things like this.
Similarly, a misdemeanor can be anything from a first-time DWI to theft to assault to certain prostitution offenses. If you tell me you’ve been convicted of a misdemeanor, I need more information.
You are only going to get one, good chance to earn the right result for your case. Do yourself a favor - contact the Rolloff Law Office to set up a FREE CONSULTATION before you do anything. Call today: (612) 234-1165.
If you are a parent of family member who has questions about a child that has been arrested --- you are most likely upset and confused. True --- you don’t want this young person's future to be compromised in any way. If there is any (early) good news it is that the courts in the State of Minnesota are actually set-up to focus on ensuring a better future for almost every juvenile offender by stressing on rehabilitation rather than punishment. Bearing as much in mind, it is important to consult with an experienced Minnesota Criminal Defense Attorney --- to ensure that you can earn the best possible income for your loved one.
What You Need to Know
The State of Minnesota has a specific set of laws on the books that apply to minors. These laws tell the courts to handle juvenile cases differently than adult cases.
At the Rolloff Law Office, you will work with an experienced juvenile defense attorney who explain to you your family's options with you --- telling you everything that you need to know so that you can make well-informed decisions. You will know what to expect at every phase in the case.
The Minnesota Juvenile Court System
Depending on the severity of the charge, a decision will be made as to which court the case will be tried in. It is entirely possible for a juvenile to be tried as an adult --- if they commit an offense that is considered an adult crime, such as murder. Since the penalties and consequences handed down in adult court will be adult consequences, the juvenile could face the prospect of serving time in an adult prison. This is another reason why it is imperative to have a highly experienced attorney by your side.
Types Of Juvenile Crimes
I handle all types of juvenile crimes. While a child can commit any crime than an adult can, there are some that are more common than others. Those common types are:
- Assault
- Burglary
- Theft
- Terroristic threats
- DWI
- Drug crimes
If you are the parent of a child who has been accused of a crime, one of the first things you need to do is call an experienced and affordable juvenile attorney. By giving your child the representation that he deserves, you are taking a step toward preservinghis future. To learn more about how the The Rolloff Law Office can help you --- Call (612) 234-1165 and set-up a Free Consultation.
Charged with a crime? Your choice of an attorney is likely the most important decision you will make --- to earn the best result for your case.
What Do You Need to Know?
Likely by
the time that you are charged, the reports will have been written ... statements from witnesses will have been recorded ... and examinations of the evidence - by investigators will have been completed. The government's work is done. Alas, yours is just beginning. The next best decision - for you - would be to consult with an experienced Minnesota Criminal Defense Attorney to
into the state's case and to work to seek the best possible outcome.
What Can a Lawyer Do For You?
As a former prosecutor, my approach to criminal defense is a step by step process that has been demonstrated effective in achieving results such as though below.
First,
we identify the inaccuracies and holes in the police reports. This is
essential for simply a basic understanding of conflicting facts, and
where we have to go to demonstrate your version of events.
Second,
we identify where the reports themselves fall short in describing the
precise crime charged, and how evidence and statements were obtained.
This analysis forms the basis of motions to dismiss the case. A case
may be dismissed if the police reports themselves, even if believed,
simply don’t add up to the crime charged. In other cases, statements
and evidence may be suppressed, meaning it can’t be used at trial,
because it was unlawfully obtained or because it is not sufficiently
reliable or consistent with other evidence.
Third, we conduct our own
investigation if necessary to generate evidence which supports your
story, what you know actually happened. One of the greatest powers a
lawyer has is he ability to compel the appearance of witnesses at trial,
or have them arrested if they do not show.
Fourth, we consult with
the top experts in many fields of forensic study with whom Mr. Rolloff
has cultivated close professional relationships.
Finally, we prepare
for trial throughout the process. Not every case goes to trial, but
every case must be prepared for trial, or plea negotiations and motions
have no teeth whatsoever. Trial is the leverage which results in good
resolution that keeps you free, keeps your record clean, or which
results in dismissal altogether.
Preparing a matter for trial involves
more than just challenging the evidence in front of a jury. The jury
ultimately wants to hear a story, not a series of statutes and
procedures.
The Rolloff Law Office prepares your story in a compelling and believable
manner, backed by all the force of law and evidence. This approach has
been demonstrated advantageous for clients like those below.
If you want to learn more --- set-up a FREE CONSULTATION, call the Rolloff Law Office - today: (612) 234-1165
If you have spent a single second looking up Minnesota Second Degree DWI on the internet ... you are already aware that it is a very serious offense --- and that you will almost certainly face jail time if convicted of that crime.
Criminal Consequences
If you are convicted of a Minnesota Second Degree DWI you could facing a lengthy jail consequence. This sentence is usually split up between actual jail time and electronic home monitoring with alcohol supervision. If you have one prior DWI conviction with a current 2nd Degree DWI charge, you will most likely be sentenced to serve 30 days in jail of which you must serve 48 hours in custody and the balance can then usually be served on electronic home monitoring. There is no mandatory minimum jail time if you are convicted of a 2nd Degree DWI charge but do not have any prior DWI convictions. However, because there are aggravating factors involved that led to the 2nd Degree DWI charge, you will still most likely face a request for a jail sentence from the prosecutor if convicted of that offense.
Civil Consequences
If you're facing a 2nd Degree DWI charge ... you could also be subject to increased driver’s license revocation periods, license plate impoundment, and the potential loss of your vehicle. This is why you should talk to an experienced Minnesota Drunk Driving Attorney.
A Second Degree Minnesota DWI charge almost automatically triggers the seizure of your vehicle. The arresting law enforcement agency will take your vehicle and give you notice that it intends to permanently take your vehicle from you. If this happens, it is important to contact an experienced MN DWI Lawyer immediately. Paperwork needs to be filed with the court in a timely manner in order to preserve your ability to challenge your vehicle forfeiture.
Still have questions, contact The Rolloff Law Office to thoroughly review your case and do everything possible to get your driver’s license back and help you avoid a conviction. Call today: (612) 234-1165
A lot of people that I have worked with - as an experienced Minnesota DWI Attorney - have said: "I will never drink and drive, again." And then ... "Again" happens. The State of Minnesota's Drunk Driving laws makes it clear that repeat drunk driving offenders will encounter harsh penalties.
Criminal Penalties
If you hated your first trip to court for a DWI ... you're really going to his like Round 2. According to the Minnesota Department of Public Safety, law enforcement arrest in upwards of 30,000 people every year for driving while intoxicated. Upon conviction, these people face both criminal and civil/administrative offenses. The public saftey department asserts that people with multiple DWI offenses, over a 10-year period, could encounter the following consequences from a criminal perspective:
For a second offense in which the person’s blood alcohol concentration was under 0.16, the defendant could face a fine of up to $3,000 and up to serving one-year in jail.
For a second offense in which the blood alcohol concentration was at or above 0.016, or for any third offense, the defendant could receive a gross misdemeanor charge that carries with it up to a year in prison and up to $3,000 in fines.
For any fourth offense, a defendant will be charged with a felony and face up to seven years in prison and up to a $14,000 fine.Criminal DWI convictions will remain a part of people’s records for the rest of their lives.
This can have a serious effect on finding employment and suitable housing, especially when the charge is a felony. Convicted felons also lose some of their constitutional rights, such as owning firearms.
Aggravating factors
The
above-listed penalties give judges some leeway when handing down a sentence.
When there are aggravating factors present, an offender could face the
mandatory minimum penalties available under the law. For example, a second DWI
offense alone may be classified as a 3rd Degree Gross Misdemeanor. However, if a child was in the vehicle, the crime, while still categorized as a gross misdemeanor, could lead to a second degree DWI charge and cost you your vehicle. Additionally, if the defendant caused an accident that led to
property damage or the serious injury or death of another person,
prosecutors could bring more severe charges.
Test refusal
Minnesota’s
implied consent law dictates that anyone who is arrested on suspicion of
drunk driving must submit to a chemical test of either the blood,
breath or urine. The test will be administered within two hours of the
time someone was last driving. Refusing to take the test will have
consequences, including automatic revocation of the driver’s
license.Just like the above penalties, the repercussions of refusing a
test grow more serious with multiple offenses. Someone with no prior
convictions faces a one-year's long license revocation.
However, anyone with prior convictions will have to add that one-year
time-frame to any current license restrictions.
Administrative Penalties
As anyone who has been through a DWI knows ... the consquences do not end in the courtroom with criminal sanctions. In fact, for some people, the civil/administrative penalties for DWI can be far more inconvenient. According to the DPS, anyone convicted of multiple DWI charges will have to forfeit their motor vehicle and their license plates will be impounded.The administrative penalties for people with two drunk driving offenses are based on their blood alcohol concentration. For those with a BAC of less than 0.16, they may choose between an ignition interlock device installed on their vehicles and a restricted license for one year, or a total loss of driving privileges for that timeframe. A BAC of 0.16 or over merits the same choices but extends the timeframe to two years.
As an experienced MN DWI Lawyer, I have observed individuals who have three DWI convictions have their driver's licenses cancelled because they have been deemed “inimical to public safety.” To get back to driving, these people often have to enroll in a treatment facility. And ... they will have one year of a limited license with the use of an ignition interlock. After treatment completion, they will have two years of an ignition interlock with a restricted license.
If you or someone you love needs help with another DWI charge, please call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165
Minnesota's DWI Laws are some of the toughest in the nation. And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.
BTW, this dog was NOT arrested for a DWI. But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.
Mandatory MN DWI Sentences
If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.
One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail. It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM).
Here are the "mandatory" sentences the courts are require to impose for repeat offenders:
Second Offense In a Ten Year Period: A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.
Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.
Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions. Call today to set up your fee consultation: (612) 234-1165
A domestic assault charge is very serious because of the consequences - in court and out --- before court and after -
that can occur.
If you or someone you love has been charged with domestic violence, the possible consequences
can include jail time, fines, anger management, probation, and an
order for protection --- that prevents contact with the
victim and any minor children.
What Should You Do?
First, it can't hurt to talk to a qualified and aggressive Minneapolis Criminal Defense Attorney to get answers about how to secure a good result in the case.
All too often, domestic
violence claims are the result of a divorce, retaliation, custody
battles, and other personal matters. While law enforcement in Minnesota
aggressively pursues domestic violence claims --- my experience (both as a prosecutor and a defense lawyer) has shown me that these are tough cases to prove and that sometimes allegations are false. Shoot, even when a claim has merit, that does not mean that someone will be convicted. There may be facts in each case that do
not warrant the huge penalties and/or for a parent to be separated from
family by way of an order for protection.
Fighting Domestic Violence Claims
Domestic violence penalties in the State of Minnesota are serious.
In addition to fine, jail, and probation ... a person’s right to own or purchase firearms can be effected as well.
In addition to
the domestic violence accusation itself --- which could lead to criminal charges --- there is also the chance someone can use that situation to gain an order for
protection. The complaining witness can acquire this order just with her/his
claim.
Don't Screw Around
The
moment the charges are filed, it is very important to call an experienced Twin Cities Criminal Defense Attorney. For, as I have told 1000s of clients, just because there is
an accusation doesn’t mean that conviction will follow. And, just because the case may seem confusing and difficult
doesn’t mean that there is no hope for a more an acceptable outcome. With
the right attorney --- you can get the right advice,
guidance, and support ... so that you can keep this situation from getting any more complicated.
Domestic
Assault is a serious accusation. If you are facing such a charge, it is important to seek representation that you can count on. To learn more about your rights and
options, call The Rolloff Law Office at (612) 234-1165 to schedule
a free consultation.
