Minnesota Theft Charges (Explained)

Being charged with Shoplifting or a Theft crime can be a real wake up call. You may have made a big mistake or had a lapse in judgement that you seriously regret.  Or you may be completely innocent! Cases of mistaken intentions happen all the time. Either way, you have to know your rights and - if warranted - fight the criminal court system now, and an experienced Minnesota Criminal Defense Attorney can help.

Under Minnesota law, Theft offenses are quite varied. You can be charged with a crime if you walk out of a store forgetting to pay for your purchase and/or if you do con someone out of of a personal possession.  From my time as a prosecutor, I know the  "ins" and "outs" of Minnesota's Theft laws (as well as what motivates the government) and can use that inside knowledge to make sure that you get the results you deserve.

I'll also work to see that your rights are protected at every stage of the process - ensuring that you get the best possible result on your day in court.

What To Do Next

Take the next, right step.  Call the Rolloff Law Office today for a free consultation.  The government has lawyers working against you.  It's time to get someone on your side who knows the ropes and will use that knowledge to protest your rights and your future.  Call (612) 234-1165 to begin the process of reclaiming your freedoms.

Minnesota DWI - Asleep at the Wheel (Explained)

You can imagine that as an experienced Minnesota DWI Attorney I get asked a lot of questions from friends and family about how to avoid a Drunk Driving arrest. 

The most common of these often touch on the all too real belief that if they've had too much to drink, and they realize as much while they're driving, the best thing to do is to pull over and just sleep it off. 

In a lot of common sense ways this would seem to make sense; however, as was the case with this poor man from northern Minnesota (link) if the keys to said vehicle are anywhere in your immediate vicinity - you could be arrested and convicted of a Minnesota DWI.

Minnesota's DWI Law - Physical Control

In Minnesota, the law states that you can be charged with Drunk Driving if you have “physical control” over a motor vehicle when you have a blood alcohol level over the legal limit. And, by the looks of things, the courts take a rather expansive view of the that term - physical control.  So that if someone is in a position to even exercise the slightest dominion over their vehicle (and that much difficulty make the vehicle a source of danger) law enforcement is well within its rights to arrest you. 

Granted this interpretation begs all sorts of questions.  Such as: What if someone is merely walking to his or her car in the parking lot of a bar, after they've had too much to drink, with their keys in their pocket and merely intending to get something from inside it; or if someone is just doing some repairs on their hot-rod in the garage or drive-way and enjoying a few 'pops' while doing do --- What kind of liability are these people subject to?

What Should You Do?

There's the common law and there's common sense - and often the two do not always jive.  If you've been arrested for a Minnesota DWI - whether you were driving or not - your next, best move is to contact an experienced Minnesota DWI Attorney to learn your rights.  As a colleague of mine is fond of intoning, just because you've been arrested that does not mean you will be convicted.  Talk to someone who knows what they're doing - and learn how to fight for common sense interpretations of the law.

If you need to discuss a DWI arrest contact the Rolloff Law Office.  I have extensive experience, from both sides of the aisle - in assisting individuals charged with Drunk Driving.  Call (612) 234-1165 to set up a free DWI consultation - today.

Minnesota Assault/Domestic Assault Charges

If you're facing an Assault charge, the first thing you have to understand is that law enforcement is not your best ally and often they are not on the scene to help you.  Believe me, because it is not illegal for the police to lie to you in the midst of an investigation. Therefore, if you do talk to the police about any infraction - without an attorney present - you do so at your own peril.

What Should You Do if You're Being Investigated?

#1 - Do not talk to the police. Be polite and courteous, but refuse to discuss with law enforcement their investigation. If they persist, plainly and repeatedly tell them that you do not want to talk with them, that you want a lawyer present, and that you want to remain silent. Never allow yourself to be tricked or coerced by the police.

#2 - Don't talk to others.  Remember, anything you say about the case to anyone, including most family members, can be used against you in court. Many people I've met with, after complying with step #1, make the mistake of confiding in someone - only to later have those conversations come back to haunt them  Granted, if you've made such statements, they can be dealt with; however, if you have not - then don't.

#3 - Never agree to anything - without the advice of a lawyer. This means, never give law enforcement permission to search anywhere, draw your blood or discuss the case with you.

#4 - Never resist arrest. If an officer is seeking to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer - or any officer who tries to question you - that you will not talk without an attorney present.

#5 - If you are arrested - tell the police that you wish to make a telephone call. It is essential that you get a lawyer involved in your case quickly. If you call family or friends have them contact an experienced Minnesota Criminal Defense Attorney.

As an attorney for the government, I prosecuted dozen upon dozens of Assault and Domestic Assault cases.  Often, they were the most difficult files I handled.  Let me put my experience - working from the other side of the aisle - to work for you.  My insiders perspective has won my clients the results that they desire.,  Call the Rolloff Law Office today to set up a free, no obligation, consultation.

Minnesota Court Appointed Lawyers (Explained)

If you are charged with a crime in the State of Minnesota, you have a right to be represented by an attorney.  If you can't afford one, the court can appoint one for you.  These people are called public defenders. Often I'm asked: which is better  a court-appointed attorney or a private lawyer?  Well, in the end, that depends on you, your case, and what you'd like to see happen.

Court-appointed lawyers are assigned based on an individuals ability to pay.  The less wealth you have, the better your chance of getting a "free" lawyer.  That being said, at no time are you ever required to settle for a court-appointed lawyer. As is your right, you have the option of representing yourself or hiring an experienced Minnesota Criminal Defense Attorney.

As a matter of fact, a number of my clients have originally had a court-appointed attorney, but later chose to leave that person and hire me. 

Why?  Well, I'm often told that my clients come to me because their court-appointed attorney is failing to give their case the attention and aggressiveness a proper legal defense requires.  Believe it or not, I get their point.  By no fault of the public defenders, they are often overburdened - working file after file to keep up with the demands of the system.  In the end, because they have so many clients, they can't bring the same level of detail and attention to your case that a private attorney can.

What Should You Do?

Any time that you don’t believe that you are being well represented by your public defender, there are a number of fixes available. First, you always have the right to hire a private attorney to assist you. Often times clients begin a case without the financial ability to hire counsel and then have their situation change. Sometimes, it takes time to gather up the resources needed to retain the right lawyer.  But, know this: you can replace attorneys at any time during your case.

At the Rolloff Law Office, I have clients who have hired me - after firing their court-appointed attorney. Given the choice between representing themselves (which is never recommended) and hiring an aggressive, tenacious, and experienced Minnesota Criminal Defense Attorney, the decision is usually very clear.

Call today to schedule a free initial consultation. I'll give your case the respect and dignity it deserve.  Listen, I don’t "farm out" your case, or have 50-100 others on my desk at any one time. I work all of my own files. My attention and focus is on you. 

If you need someone by your side to get your case back on track - call me today at (612) 234-1165 and let's get things rolling.

Minnesota Probation Violations (Explained)

Often as part of every criminal sentence meted out by a judge - for a misdemeanor, gross misdemeanor and felony plea - is the prospect of being placed on Probation.  In my opinion, the system would want one to believe that this is a type of leniency that allows a convicted individual to remain in or re-enter society.  But, as anyone who has ever been placed on probation - there's often nothing too easy abou it.

Generally speaking, defendants may be sentenced only to a probationary term or probation may be granted after some time in custody has been served.  If someone is place on probation, that person is often supervised by an agent - who is employed by the corrections system.

If you receive notice of a Probation Violation, or even if you just think you may have violated your probation but have not yet been suspected or accused of it, you should quickly contact an experienced Minnesota Probation Violation Defense Attorney.

Probation Violations (Defined)

Because Probation is a form of leniency, it can be revoked at any time.  This often is the case when someone violates the terms of the probation sentence laid out by the judge.  A few examples of such violations includes:incurring a new criminal charge, failing to submit to or failing a drug/alcohol test, moving - without informing your agent, missing a scheduled probation meeting, and/or failing to appear for court.

If You've Violated Your Probation

If you are suspected of committing a violation, you'll often receive notice of it and be ordered to appear in court.  At a violation or Probation revocation hearing, the court will determine whether the violation actually occurred and then you'll be asked if you admit or deny the violation.  If you deny it, the government must put forth evidence showing that it is more likely than not that you in fact did fail to follow the court's order.  You'll also have a chance to put forth your own evidence.  Then, the judge decides if that burden is met. 

Probation Violations (Consequences)

If you're found to have violated your probation, there are a number of possible outcomes - good and bad, such as: continuing the probation without punishment for the violation,  modifying the conditions of the probation or extending the length of probation,  revoking the probation and executing the stayed (ie., suspended) jail sentence hanging over the violator's head. This basically means that your original sentence would be re-activated.

Probation Violations Defenses

Since the burden of proof is much lower at a Probation Violation hearing than at trial, it is very important that you be represented an experienced Minnesota Criminal Defense Attorney.  Often the best defense is no defense at all; rather, I've found that my best successes come when working with the government's lawyers to arrive at an agreement that elevates the need for a hearing and/or the harshest of consequences. Even if your violation stems from a new criminal offense, not only can I fight to win you a dismissal or acquittal on those charges - I can also work to ensure that the new sentence runs concurrently with (and not consecutively to) the probation sentence.

What Should You Do?

For a long time now, Minnesota law has recognized that people who have make a few, isolated mistakes while on probation should have the opportunity to not have that error to lead to the ultimate consequence.  If you feel as though what you've read here applies to you, contact an experienced Minnesota Probation Violation Hearing Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your slip doesn't continue to hinder your future.

Top 5 Police Mistakes (DWI Arrests)

Police are human and as such they make mistakes.  An experienced Minnesota Criminal Defense Attorney will find those errors and work them to your benefit - winning you the outcomes you desire  including the possibility of getting your case dismissed. These are the Top 5 mistakes your lawyer should look for.

#1 - Did the Police Have a Reason to Pull You Over?

Cops can't stop a vehicle on a hunch or because you look "funny." To be a valid-legal stop, an officer must sufficiently explain to the Court why he pulled you over - such as observing a violation of the law, like Speeding. However, if he can't do that, then any/all of the evidence he gathers after that should be dismissed. 

#2 - Did the Officer Assume Too Much?

If the officer notes an odor of alcohol coming from your vehicle - did he just assume that that odor meant that you were intoxicated?  Granted, such an odor might support an assumption that someone has been drinking; however, it is by no means an indication of intoxication.  If this is all the officer is relying you - your attorney might be able to make an argument that could see the charges against you reduced and/or dismissed.

#3 - The Field Sobriety Tests

These roadside gymnastics have taken on an all to real importance in Drunk Driving cases, as such they are ripe for ferocious argument when mounting a vigorous DWI defense. Areas that an experienced Minnesota DWI Attorney needs to attack are: (a.) did the officer fail to disqualify you if you were physically unable to pass these exercises; (b) were the tests conducted in an unfair manner - under less than ideal circumstances; (c.) were you properly instructed as to how to perform the tests; and (d.) does the officer know how to assess one's performance on these tests.

#4 -  The Implied Consent Procedure

Prior to requesting a sample of your blood, breath or urine, you must be informed of your right to an attorney. If an officer failed to do this and/or make resources available to you to contact a lawyer - then a real strong argument can (and should) be made that the results of the test you take should be excluded in their entirety. Test results should also be excluded

If the results are suppressed, your case is all but done - because the blood alcohol number is often the only thing that cases such as this turn on. 

#5 - Test Refusal - Did You Really Refuse?

If law enforcement decide that you refused the test (which is often more complicated when someone actually agrees to the test, but the officer reads their behavior to mean otherwise) a question can always be raised about whether you actually refused. A good Minnesota Criminal Defense Attorney will seek to address whether you were ever asked about any physical problem you might have had that made taking the test impossible or whether you were ever given the option to perform a test other than blood, breath or urine.

What Should You Do?

If you're like most people, you probably didn't know that the police made the kinds of mistakes that I've just laid out and/or you didn't know know that these mistakes could significantly help your case. Well, believe me - they can.  Big Time.

Since leaving the county attorney's office, I've used the inside knowledge I've been given to to defend individuals who've been charged with Drunk Driving.  As a former prosecutor, I know exactly what needs to be in a police report and/or testified to in court.  If it isn't there - I'll effectively make an argument to the court that could see your charges reduced (or dismissed) and your license re-instated.

If you've been arrested for a Minnesota DWI, you need experienced legal representation right away. Call the Rolloff Law Office to set up a free, no obligation consultation and I'll explain exactly what I can do to help you. Call today - (612) 619-0262.

Minnesota DWI - Prescription Drugs & Cold Medicine (Explained)

Many of you have probably have heard of Drunk Driving, DUI and/or the phrase "driving under the influence," but  do you know exactly what that means?

Some might say it just means driving under the influence of alcohol or illegal drugs like marijuana. That's correct - but, what many people fail to realize is that it also means that a person can be charged with a Minnesota DUI when he or she drives a motor vehicle under the influence of legal substances - like drugs prescribed by a doctor and even cold medicine.

In the State of Minnesota, it's true that people will face DUI charges if they have a blood alcohol concentration (BAC) of (.08) or more. But it's also true that a driver can be charged with a Minnesota DUI even if they haven't even been drinking at all.

Believe it or not, the police can pull over and cite drivers for driving under the influence of any substance - legal or otherwise - if they find, for example, that that substance has influenced their ability to drive. 

What Should You Do?

If you or someone you care about has been arrested for a Minnesota DUI, you'll need someone who knows how to contest these charges.  I'm an experienced Minnesota Criminal Defense Attorney.  Call me today to set up a no-cost consultation to discuss what the Rolloff Law Office can do to protect your rights - and your future.