Unreasonable Search & Seizure (Explained)

Check your constitution. As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about illegal/warrant-less searches.  Here are some things you need to know.

According to the Fourth Amendment Act, validates the reasonable right of privacy to an area that law enforcement might need to conduct a search or a seizure. Therefore, premises such as homes and apartments are considered private, and as such the government must have a court-issued search warrant before they conduct any search. In addition to that, the permit must be valid, meaning there must be probable cause. This (in theory) should prevent the police from  carrying out random intrusions.   under the law.  Another requirement is that the warrant must meet --- it must have been issued by an unbiased judge and contain details on where the search will happen and what should be searched. The police cannot search an area that isn’t described in the warrant and therefore cannot seize the property in that area too. 

All too often ... police have probable cause (to search) when they respond to criminal activities, and they conduct searches without a warrant. These so-called "exemptions" to the Fourth Amendment include:

• When a person willingly consents to a search. Under these circumstances, law enforcement personnel don’t need to have a warrant present during the search. They assume the individual knows the extent of the Amendment Act. The act not only protects the people’s rights to privacy, but also prevents any property seized during the search from being used in court as evidence.
• If you get pulled over while driving, possibly due to a traffic violation, the police can search the trunk and any other compartments of your car without a warrant. 
• Vehicles get exempted because they are mostly mobile and criminals can use them to conceal weapons and drugs away from their premises. If the police confiscate your car, they are free to search without a valid warrant.
• When arresting an individual, they can search the property for any evidence of criminal activity. In this case, police have a warrant for arrest, or one gets filed against you, and police suspect that they might collect evidence of your criminal act on your premises.When police witness you committing a crime in plain view and make an arrest, they may search and seize any personal items you have on you. If any of these things link you to criminal activity, then they are admissible in court as evidence.
• Sometimes an officer may stop you and conduct an investigative frisk if they suspect that you might possess a weapon or might be dangerous.

What happens when your Fourth Amendment rights get violated? The law considers that the individual have a reasonable expectation of privacy and to feel secure in their premises from arbitrary government intrusion.  If you feel as though your rights have been violated --- you should contact The Rolloff Law Office.  We know about the exclusions to the Search and Seizure Act. If you need legal advice in Minnesota - contact us today: (612) 234-1165

Consequences of a MN DWI Arrest/Conviction

Getting a DWI is nobody's idea of a good time.  These are some of the things that might happen to you.  

Financial Consequences

In addition to the fine imposed in a conviction for a DWI there are a myriad of other financial consequences:

• Loss of job / loss of professional license — invaluable;
• Costs of alternative transportation — hundreds, maybe thousands;
• Vehicle Forfeiture; 
• License reinstatement fee — currently $680;
• Alcohol assessment fee — $300–$1,000;
• Probation / Jail fees — 100s;
• Increased automobile insurance costs — thousands over the course of the following decade;
• Increased life insurance premiums.

Administrative Consequences 

The following administrative consequences follow an arrest for DWI.  An experienced Minnesota DWI Lawyer can challenge these consequences in a civil judicial hearing that is independent of the criminal proceedings. The administrative consequences of a DWI have complicated and critical timing requirements.  A knowledgeable Minnesota attorney can help you navigate this process and avoid avoid these harsh administrative consequences.

License Revocation

Following an arrest for a DWI and/or a test failure or test refusal --- your drivers license will be automatically revoked. The revocation period will depend on variety of factors: (a.) your prior DWI history, (b.) your BAC, (c.) your age, or other aggravating factors. Depending upon your circumstances --- you may be able to obtain a limited license for driving to work, school, or abstinence based support groups.

License Plate Impoundment

License Plate Impoundment is a particularly harsh administrative penalty.  Depending on your history and the circumstances of your arrest, your license plates may be impounded.  Your plates may be impounded if:

• if the driver has a BAC of .16 or greater;
• if the driver has a prior DWI or alcohol-related driving offense within the previous 10 years;
• if there was a passenger under the age of 16 present in the vehicle; or
• if the driver was driving after his/her license was cancelled, regardless of alcohol impairment.

The vehicle used in the offense is subject to plate impoundment as well as any vehicles jointly owned by the driver.  “Whiskey” plates (plates beginning with the letter W) may be obtained (at an additional cost) if the driver(s) of the vehicle(s) has a valid license.

Vehicle Forfeiture

Vehicle Forfeiture is the most severe administrative sanction.  Under Minnesota law, a prosecutor may seize the motor vehicle used in the commission of a first or second degree DWI or test refusal, a DWI offense while the driver’s license is cancelled as inimical to public safety, or a DWI offense while the driver’s license is subject to a no use provision (B-card).

A vehicle can be seized immediately upon the driver’s arrest for one of the above qualifying offenses—regardless of whether the driver was the lawful owner of the seized vehicle!  Upon seizure the police must provide the driver and owner with a seizure notice.  Minnesota law presumes that the vehicle seized is subject to forfeiture.  In order to prevent forfeiture, the driver must take judicial action in civil court.

The administrative consequences of a DWI arrest are complicated.  A knowledgeable Minnesota defense attorney can assist you in avoiding or limiting these harsh consequences.

Other Consequences of a DWI Conviction

A DWI conviction may also result in the loss of a professional license.  And of course a conviction will make it more difficult to obtain employment—especially for any position that may require the use of a vehicle as part of your regular duties.

The Rolloff Law Office can help you evaluate your case and improve your odds of avoiding the harsh consequences of a DWI conviction.  Call today: (612) 234-1165.  

Disorderly Conduct/Obstruction of Justice (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions. Recently I have been asked about Disorderly Conduct and Obstructing Legal Process.  If what I have posed below does not help, please feel free to Call the Rolloff Law Office to set up a Free Consultation,

Disorderly Conduct is charged when a person does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

• (1) engages in brawling or fighting; or
• (2) disturbs an assembly or meeting, not unlawful in its character; or
• (3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

See Minn. Stat. § 609.72

Obstruction of Legal Process is charged when a person intentionally does any of the following:

• (1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;
• (2) obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties;
• (3) interferes with or obstructs a firefighter while the firefighter is engaged in the performance of official duties;
• (4) interferes with or obstructs a member of an ambulance service personnel crew, as defined in section 144E.001, subdivision 3a, who is providing, or attempting to provide emergency care; or
• (5) by force or threat of force endeavors to obstruct any employee of the Department of Revenue while the employee is lawfully engaged in the performance of official duties for the purpose of deterring or interfering with the performance of those duties.

See Minn. Stat. § 609.50

The Rolloff Law Office can help you address all manner of criminal charges.  Call today for FREE ANSWERS: (612) 234-1165

DWI Lawyer: Choosing the Right One

If you or someone you love has been arrested for a DWI --- you should be careful and consider getting information from an experienced Minnesota Criminal Defense Lawyer on your side. The right attorney can help you successfully navigate the often complex legal system and help reduce your fines, penalties, and even jail time. Making the wrong choice in an attorney could create negative side effects that impact your life in the short and long term.

Keeping all of that in mind, how do you know which lawyer to trust and which one has the skills necessary to make sure your case gets the best outcome? Here are some tips to help you make a smart decision:

1. Get suggestions for DWI Lawyers in Minnesota;
2. Be prepared for your meeting with the attorney candidates;
3. Interview your DWI Lawyers;
4. Notice how they make you feel;
5. Ask their opinion about your case;
6. Find out about the attorney's fees;
7. Watch for danger signs;
8. Read reviews;
9. Don't rush your decision.

Getting a DWI is a stressful experience --- it can be expensive and lead to personal and work conflicts, regret, and more.  Looking for the best DWI lawyer may seem like just another thing to worry about, but hiring the right person can relieve a great deal of the stress that goes along with this situation. Undoubtedly, you’ll feel better knowing that you have someone who’s working for your interests and capable of reducing negative effects. By following the tips above, you’ll have a great chance of finding a competent attorney who can help you move past the incident quickly and with the best possible outcome. If you have any questions, please feel free to contact the Rolloff Law Office: (612) 234-1165

Why You Should Seek a Minnesota Expungment

A run-in with the law can have a huge negative impact on your life. Most people think that all of the consequences that they will face are tied to whether or not you are convicted, but unfortunately this is not the case.  Granted,  you won’t be going to prison or paying off ridiculous fines if you beat your charges, but that doesn’t mean that everything just returns to normal. This is why you should speak with an experienced Minnesota Criminal Defense Lawyer - about sealing your record.

Why Should You Do This?

All it takes to acquire a criminal record is for you to be arrested – you don’t even need to be formally charged and/or convicted.  Don’t think that’s a big deal?  Think again.  It’s no secret that “criminals” are looked down upon in our country, but the issues that individuals face with a criminal record go far beyond someone giving you dirty looks.  

Ways a Criminal Record Makes Your Life Harder

1. Hurts Your Ability to Get a Job: Most employers perform background checks while reviewing applications. Applicants with a criminal history are the first to be tossed in the garbage. An Expungement erases the record of your criminal past so that employers can’t see it, making it more likely that you will get to the interview process. The same goes for volunteer positions.

2. Housing/Renting an Apartment: After time in prison, all you may want is to start a new life in a new location… but a felony record can prevent you from doing so. Housing applications often ask about your criminal record, and may deny you if you have one.

3. Restoration of Firearm Rights: Felons lose the right to bear arms after a conviction. While some felonies restrict offenders from restoring the right to own a gun under any circumstances, these crimes are usually crimes of violence and are a special exception to general rules. In most cases, a sealed or expunged record restores the offender’s ability to purchase, own, or lawfully use a firearm.

Felony records are public knowledge. No matter what you are applying for, or why someone may be searching your name online, a criminal record hangs over your head. Wouldn’t it be easier to tell people about your criminal past when you are ready?

To learn more about an Expungement, whether or not you qualify, and what it takes to get your record sealed, contact the Rolloff Law Office.  We aggressively fight for our clients --- utilizing innovative tactics to get the most positive results for our clients . Call today: (612) 234-1165

Minnesota Fifth Degree Possession of Drugs (Explained)

As an experienced Minnesota Criminal Defense Attorney, I often get questions about controlled substance cases.  The most common are about 5th Degree Possession of drugs an the penalties one might expect. 

Fifth degree possession of drugs is the least severe felony drug possession crime in Minnesota. It carries a maximum penalty of up to five years in prison or a $10,000 fine. The court can convict you of this offense - not only by possessing controlled substances, but also by obtaining or attempting to obtain them using fraud or deceptive means, such as claiming to be a medical provider or using forged prescription documents.

How to Defend Yourself

The defenses for this charge vary from case to case --- common ways include:

Illegal Search: the first area to look at is whether the police obtained the drugs lawfully. In many cases, a Fourth Amendment or Fifth Amendment challenge could be brought arguing that the police violated the defendant’s constitutional rights and that the drug evidence should be suppressed.

Legal Possession: another area to look at is whether the defendant could legally possess the substance. It is not uncommon for a police officer to charge someone with a drug crime if they do not have evidence of a prescription available. However, if a prescription can be produced, it will likely result in a dismissal of the case.

Entrapment: In cases involving a controlled buy, there may be an argument that the police conduct induced you to purchase the controlled substances. However, the elements can be difficult to show and are heavily fact-specific. A criminal defense lawyer can advise whether this defense may apply.

Stay of Adjudication and Diversion

A program available for most first-time defendants charged with fifth-degree possession is to enter a treatment program and either have the matter diverted or receive a stay of adjudication. Diversion or a stay of adjudication can prevent a conviction from appearing on your criminal record if you comply with all requirements. This allows for an opportunity to avoid the many negative collateral consequences of having a felony drug conviction.  You can also ask - at a later date - to have your charges/case sealed/expunged.

If you are facing a drug charge in the State of Minnesota, I suggest that you strongly consider contacting an attorney. Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165

Charges Dismissed --- Still on Background Check. Why?

We all know how the story goes --- you were charged with a crime. But then - your Minnesota Criminal Defense Attorney got the case dismissed or helped you to earn a Not Guilty verdict at trial.  However, the arrest/charges are still  showing up on a background check.  Right?

What Should You Do?

Many Minnesotans are surprised to learn that potential employers can still see that they were charged with a crime --- even though they were never convicted.  Heck, you may have searched your name on the court’s public records site and found nothing. While this is a good place to start - that should not be the end of your efforts.  See, even if you were acquitted, or if your case was dismissed as a result of a Continuance for Dismissal or Stay of Adjudication, your case should not be visible via a simple name search. However, if someone knows the name of your attorney or the court file number, they may be able to find your entire Register of Actions.  This is where many people might consider looking into a Expungement --- and educating themselves about the way to do that.  

The reason you may need to go this extra step - save for what I've already explained - is the fact that  potential employers aren’t often satisfied with such a limited background check. Instead, they request a complete criminal record check through the Minnesota Bureau of Criminal Apprehension. If the BCA has records of your arrest/charge, they will report it to anyone you authorize to receive this information. Although your criminal record will indicate that the case was dismissed, a potential employer might still take pause at the sight of a charge. 

For example, let’s say you were accused of taking something - from a store - when you were young.  A typical outcome for such cases --- a client is able ot keep it of their record by way of a Stay of Adjudication. That means you the accused did pled guilty to the offense, but the judge did not accept the plea.  And, the case was dismissed after one year of law-abiding behavior. Alas, that same person then fills out an application for a new job, and the employer runs a full background check. Because your case was dismissed, you are confident that there will be no issues. However, the potential employer sees that you were even charged ... and worries that you may be more trouble than you’re worth. After all, they don’t know you. They just want to protect themselves from anyone who may hurt their ability to run a successful business. Will they take a chance on you still? Maybe. But why leave it to chance?

Expungement

Minnesota’s expungement laws afford most individuals the right to ask the court to completely seal their record and ensure that no one finds out about passed wrong doing.  If you had a case that was dismissed, the State generally bears the burden of proving that the government’s interest in maintaining your record outweighs any benefit you’d receive in having your record sealed. Because there is often little or no public interest in maintaining the record of a dismissed charge, they are seldom able to meet this burden. 

If you were charged with a crime and your case was dismissed, it just makes sense to look into Expungement. The Rolloff Law Office has helped 100s of people  seal their criminal records. Contact us today to learn more: (612) 234-1165