Tuesday, March 20, 2018

Minnesota Disorderly Conduct (Explained)

Disorderly conduct is the “one-size-fits-all” misdemeanor that appears to apply to a broad range of conduct, and is therefore subject to use/abuse by over-reaching prosecutors. As an experienced Minnesota Criminal Defense Attorney, I have represented many clients in Disorderly Conduct cases across the state. I have achieved dismissals in many cases.  Here is what you need to know - to get the right result.

The Law

To be convicted of Disorderly Conduct, in the State of Minnesota, the government must prove that a person did any one of the following acts.
  • Engaged in brawling or fighting.
  • Disturbed an assembly or meeting, not unlawful in its character.
  • Engaged 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.
What You Should Do?
There are a number of defenses available to a person charged with Disorderly Conduct, and chief among these is the First Amendment, which guarantees every citizen a right to freedom of expression and speech. 
In a Disorderly Conduct case, a prosecutor must prove beyond a reasonable doubt that the person charged engaged in criminal, unprotected speech. This includes, for example, what the courts have termed “fighting words” (ie., words or gestures that are so insulting that it is likely to provoke an ordinary person to fight.)  In deciding whether certain speech rises to the level of “fighting words,” the court should examine a variety of factors, including the specific words uttered, the alleged victim’s ability to diffuse the situation through methods other than fighting, and other conduct by the perpetrator at the time of the incident.
If you have been charged with the crime of Disorderly Conduct, it may be the case that you did not commit a crime at all. The laws of the State of Minnesota allows for multiple defenses to this charge. The Rolloff Law Office is available to help you, and answer any questions you may have. Feel free to contact me for a no-cost consultation: (612) 234-1165

Monday, March 19, 2018

Do You Need a DWI Lawyer (Explained)

A charge of Drunk Driving in the State of Minnesota is not to be taken lightly. You could be looking at the burden of court appearances, a hit to your driving record, BIG fines and the possibility of jail.

If you or someone you love has caught a charge --- you should consider contacting an experienced Minnesota Criminal Defense Attorney to get the information you need. Driving under the influence is a serious criminal charge that may have ramifications on your future employment, housing and even education choices. 

How quickly do I need to consult an attorney if I’ve been charged with Driving Under the Influence? 

The sooner that you have an attorney running through the specifics of your case, the better they will be able to defend your legal rights and interests! The answer is as soon as possible. With DWI charges, there are multiple variables to consider as you craft your legal defense. 

Is this your first DUI charge or have you been arrested for DWI previously? 
Was anyone injured or was property damaged by your actions? 
What was your Blood Alcohol Content at the time of arrest? 
Is your charge related to alcohol or another substance? 
What other charges were associated with your arrest for driving under the influence? 

Know Your Rights

Knowing your rights is one of the most important steps toward having a fair trial. 

Did you know that you are allowed to record the entire exchange if you are being stopped, without having to ask the officer? If you have a smartphone, you can do this pretty easily once you’ve been stopped. Having this record can only help you. 

Did you know that law enforcement could still arrest you even if your breath sample is 0.000? The consequence for refusing to provide a breath sample is a 12-month driver’s license suspension as opposed to a 6-month suspension if you cooperate and provide a breath sample. 

Did you know that the State of Minnesota will try to use whatever you do in the breath sample phase against you whether you provide a breath sample or not? 

Don’t be caught off-guard with your future – consult an attorney immediately to help solidify your defense against this criminal charge.  Working with the Rolloff Law Office can ensure that none of your rights are ignored. If you’re being charged with driving under the influence in the State of Minnesota, contact us today: (612) 234-1165

Thursday, March 1, 2018

MN Marijuana in a Motor Vehicle Charge

As a Minnesota Traffic Ticket Attorney, I handle a lot of  moving violation cases.  What you need to know --- depending on the nature of the conviction that you could face ... not only might you have to pay a fine.  You could also lose your driver's license  One charge/conviction that leads to this outcome: a conviction for possession Marijuana in a Motor Vehicle.   

Under Minnesota Law, if you are convicted of possession of Marijuana in a Motor Vehicle, you will lose your driver's license and you could end up with a misdemeanor on your permanent driving/criminal record. 

This conviction, not only could effect your motor vehicle insurance rates --- it could also have an effect on future job seeking ambitions b/c prospective employers and insurance companies alike will be able to find the conviction with a simple background check.

Minn. Stat. §152.027, subd. 3 explains that:
A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Even though a matter may seem insignificant, it is important to speak to an experienced attorney to find out any unforeseen collateral consequences that could stem from certain moving violations.  Call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165

Tuesday, February 27, 2018

Minnesota's Marijuana Laws (Explained)

The laws surrounding Marijuana in the State of Minnesota are constantly influx.  While Marijuana has not been decriminalized in Minnesota --- the courts are open to favorable results if you and your Minnesota Criminal Defense Lawyer are properly prepared for court.  

Minnesota's Pot Laws

The following are the charges levied against subjects found with marijuana on their person in the State of Minnesota:

a. Possession of 42.5 grams or less: This is a Petty Misdemeanor that comes with a maximum $300 fine and possible enrollment in a drug education course.

b. Possession of marijuana above 42.5 grams up to 10 kilograms: This is charged as a Felony and comes with a fine of up to $5,000 and no more than five years in jail.

Being charged with a crime in Minnesota can be scary, even if it's a Misdemeanor for possession of marijuana. An experienced Marijuana Lawyer will be able to explain the situation, your rights and how you can go about getting the charges reduced or dropped.  Call the Rolloff Law Office to see up a FREE CONSULTATION today: (612) 234-1165

Friday, February 23, 2018

The Cops Never Read Me My Miranda Rights

One of the most frequent questions that I get, as an experienced Minnesota Criminal Defense Attorney, from clients is “the cops never read me my rights ... does that matter?” If you were in custody and were interrogated, then yes, it does.

Never Read My Rights (Think of it this way)

Were you in custody?

Generally, the courts have look to the following factors to determine whether someone is in in custody: police interviewing a suspect at a police station; the presence of multiple police officers; telling someone they are the prime suspect; restraining the person’s freedom; and pointing a gun at someone.  Courts have identified the following factors as someone not in custody: questioning at a person’s home; a suspect’s ability to leave at any time; a nonthreatening environment; police informing someone they are not under arrest; and the brevity of questioning.  While not one of the above factors alone will be determinative. Instead, the court will use a totality of the circumstances approach to determine whether someone is in custody. 

Were you interrogated?

A suspect may make a voluntary statement to the police or confess to a crime without any questioning at all. These statements may be admitted into evidence without a Miranda warning taking place, because no interrogation took place. But even if the police do not ask any specific questions, they may still not be coercive in their actions or words. The “the term ‘interrogation’ under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.”
In Minnesota, the rule isL “an interrogation is custodial if, based on all the surrounding circumstances, ‘a reasonable person under the circumstances would believe that he or she was in police custody of the degree associated with formal arrest.’”

What's Going to Happen?

Many arrests take place without Miranda ever being read to the accused. For example, in DWI cases, officers are generally only required to read someone their Miranda rights after they decide whether they are going to take an evidentiary test. Further, many traffic stops and offenses never trigger Miranda warnings. Thank Hollywood for the idea that officers are required to read Miranda for every arrest. Sadly, the remedy for a Miranda violation also often does not result in a dismissal, rather the remedy for a Miranda violation is the suppression of statements made after the violation and often evidence obtained because of those statements. So even if you were in custody and were being interrogated, and the cops did not read you your Miranda rights, then the prosecution may still move forward with its case if it has enough other evidence against you.

Still have questions - please feel free to Call The Rolloff Law Office --- for FREE ANSWERS: (612) 234-1165

Thursday, February 22, 2018

Welfare Fraud: Hernnepin County Crminal Charges

If you receive public assistance, you might receive benefits like compensation from the Supplemental Nutrition Assistance Program (SNAP) or direct cash assistance. To obtain these benefits you have to go before a social worker and discuss your case. Making any false claims during that visit could result in a charge for welfare fraud if your obtain benefits you don't deserve because of them.

Welfare fraud is described as making a false statement or misrepresenting your situation in a way that affects your eligibility. For example, if your spouse works but you do not, claiming that your home has no income since you have no income is a misrepresentation of your circumstances.  If this is discovered --- you could be charged with fraud.  And, you should speak to an experienced Minnesota Criminal Defense Attorney.  

That being said --- you must KNOW that you're committing a fraud to be convicted of it. For instance, if you ACCIDENTALLY inform the social worker that you brought in $10,000 in income last year but the true amount was $11,000, it might have been a simple mistake due to a misplaced pay stub or forgotten hobby income.  On the other hand, claiming you only made $1,000 when you know you made $10,000 is fraudulent.

Penalties for Welfare Fraud?

 If you get caught cheating the system, you will lose your cash assistance, subsidized child care or SNAP benefits for a period of time. On a first offense, you'll lose cash assistance and subsidized child care for six months, while you'll lose SNAP for a year. The penalties only affect the person who committed the fraud, not any other family members, which helps protect innocent parties from losing their benefits.Accusations of welfare fraud put your benefits at risk and could impact your life significantly. Always take your correct pay stubs and information to the social workers, so you are certain of the information you provide.

Need help with a Welfare Fraud case - call the Rolloff Law Office for FREE INFORMATION: (612) 234-1165

Tuesday, February 20, 2018

MN DWI Driver's License Revocations (Explained)

When someone is pulled over by law enforcement --- that traffic stop can result in major complications.  This is why it is important to speak to an experienced Minnesota Criminal Defense Attorney.

Drunk Driving License Consequences

If you have been cited for driving over the legal limit ... the authorities may be able to take your license for at least 90 days. You could also receive an automatic revocation of even longer ---  under certain circumstances, such as if your blood alcohol level tested above 0.16.

One's ability to drive a car plays a major role in many things --- including getting to work, appointments, school, etc.  So, losing your license (for months!!!) could endanger a lot of important goals you have.  

With this in mind, the whole idea about losing your license needs to be addressed quickly and correctly.    

Expericenced Driver's License Attorney

What happens in the time period right after a driver fails a blood alcohol test can have significant impacts in relation to the issue of license revocation. This is because the measures one can take (to try and protect their driving privileges when facing an automatic revocation) can have short deadlines and time-frames associated with them. 

Therefore, after being accused failing a blood alcohol test, you may want to discuss their options related to the issue of license revocation with the Rolloff Law Office as soon as you can.  Call today: (612) 234-1165