How to Avoid a MN DWI (Explained)

Common sense is, unfortunately, commonly overlooked-particularly when it comes to Drunk Driving in Minnesota.  The easiest way to avoid a DWI is to not drink and drive. When you want to go out and drink, you can hail a cab, walk home, select a designated driver or wait until you are sober to drive home. If you neglect to follow these tips though, there are still some things an experienced Minnesota Criminal Defense Attorney wants you to do to protect your rights when stopped for a Drunk Driving.

Recommendations


Pull over in a safe spot. One of an officer’s first indicators of your sobriety is where you choose to pull over. If you immediately freak out and pull over in a dimly lit, high traffic area, you may already be giving the officer suspicions about your mental state.

Stay silent. Don’t say, “I was just on my way from a friend’s house in Wayzata.” Don’t say anything. It can all end up hurting you later on.

Be kind. There is never a good reason to be rude to a state trooper. They are only trying to keep the roads safe. Being impolite will only hurt your case later on.

Decline the field sobriety tests. This tests are optional. There is no benefit for you if you take it, and whether or not you submit to the test, you will be arrested at this point anyway.

Refuse the portable/roadside breath test. These tests are highly inaccurate and there is no legal obligation for you to take one. (Granted, you'll probably be arrested if you do not take the rest - but if you "fail" it --- you're going to be arrested anyway.) You will only be providing the officer evidence against you.

Take the chemical test - back at the station. In other states, you are better off facing the penalties for not taking these tests than you are facing a DWI charge. In Minnesota this is not the case. Always take the chemical test when asked to.

Request an attorney. As soon as you are arrested, begin asking for an attorney. The officers may not give you legal representation immediately, but it will show you are aware of your rights. Additionally, the sooner you hire a Minnesota DWI Defense Lawyer the sooner he can begin developing a strong case for your Administrative Driver's License Hearing to prevent the suspension of your license.

Call The Rolloff Law Office

If you have been charged with a Minnesota DWI, contact the Rolloff Law Office - I offer free initial consultations and case evaluations, so contact us today to schedule an appointment with a skilled Minnesota Criminal Defense Attorney lawyer in our offices.

Minnesota DWI Laws - Unfair to Women?

According to a recent study, a man and a woman consuming similar quantities of alcohol can have different Blod Alcohol Content ("BAC") Why? Weel, according to said study women tend to have less water and more fat tissues which leads to lower absorption of alcohol and a higher BACs. Moreover, women’s bodies are smaller; so while one drink for a 120 pound woman can lead to higher BAC, the same drink for a man who weighs more could lead to a normal BAC.

Factors Affecting Women’s BAC

There are many factors which affect a person’s BAC. These include:

•  Weight and Size of the person,
•  Gender,
•  Physical condition,
• The amount and type of food eaten,
• Amount of sleep,
• Types of medication taken
• The alcohol content of the drink.

In the final analysis, the most important factor affecting ones BAC is the size and gender of the person. With the increase in body weight, the BAC also varies. If the body weight is about 90 pounds, then the BAC would be about .05; however, if the body weight is 220 pounds, then the BAC will be about .04.

Women, on average, have a smaller built than men, hence equal doses of alcohol lead to higher BACs in women. Moreover, as women have more body fat which contains lesser water, alcohol does not get easily diluted which leads to higher blood concentration levels in women. Alcohol dehydrogenase, which helps the body expel alcohol from the system, is found less in women which leads to more pure alcohol entering their bloodstream. The hormone levels of women also fluctuate, and alcohol sets in faster when estrogen levels are higher, such as during the premenstrual period.

Irrespective of the offender’s gender, DWI laws are quite strict and the consequences are similar in various states of the US. It is necessary that offenders undergo a series of tests to analyze the amount of alcohol consumed. The testing procedures are same for both men and women.

Reasons for Drunk Driving Among Women


The major reason for higher DWI cases among women is the change in lifestyle and increase in stress which has lead to alcohol abuse. Various drunk driving cases have resulted in fatal accidents as well as severe injuries. Heavy drinking among women can also lead to health problems and health conditions like miscarriages and complications during pregnancy.

Though there are different DWI laws for women, those are as strict as the laws for men and the consequences are just as severe ranging from penalties to license suspension.

Need Legal Help?

It is important to understand your rights when you have been arrested on Drunk Driving charges. Be sure to consult an experienced Minnesota DWI Lawyer if you have any further questions about Minnesota laws or DWI cases. Call the Rolloff Law Office today (612) 234-1165.

Hiring a MN Criminal Defense Attorney (Explained)

When people ask me what they should look for in hiring an experienced Minnesota Criminal Defense Attorney, I tell them there are a number of factors to consider.

Do you feel comfortable with the attorney when you meet them face-to-face?
Is this attorney going to spend the time necessary to understand the particulars of your case?
Are they up front with you about what you can expect in terms of potential outcomes, and the risks involved?

Additional things to consider when beginning your search:

 1. EXPERIENCE, EXPERIENCE, EXPERIENCE: There simply is no substitute for hands on experience in a criminal courtroom. It is by far the most important consideration in choosing a criminal lawyer. Every case is different, as are the personalities of each, judge, prosecutor and law enforcement officer. Attorneys that have been around the local legal landscape for a long time tend to be more expensive, but it is often money well spent. Former prosecutors from your district are often good bets, as assistant district attorneys have often had extensive trial and plea bargaining experience that someone who starts out on the defense side might not have.

BUT, keep this in mind: If you have a unique case, or an especially complex case, younger lawyers with moderate experience tend to be hungry. They are eager to establish their own reputations. They will have more time to research caselaw and do background investigation. They will pour blood, sweat and tears into your defense. They might be willing to try a novel legal argument much quicker than a more established attorney. A less-established attorney will also have more time to spend with you one-on-one. They will have fewer cases, and will probably be paid less for each of those cases, so each case to the less-established attorney is important.

2. AVOID ATTORNEYS WHO PROMISE OUTCOMES: Criminal attorneys are seldom assured of any particular outcome in a case. We operate in a field that is filled with uncertainty. We can, however, offer you a forecast of what to expect when your case goes to court.

3. STREET SMARTS: Common sense and how the real world works is important. We are a people-based practice area, and have to understand practical realities. A grasp of legal statutes is critical, but criminal lawyers spend far more time with real people than holed up in law libraries.

4. COMMUNICATION SKILLS AND LISTENING: Look for an attorney that can explain the law to you in easy to understand terms. Does the attorney listen to your story without interruptions? Does he or she explain to you possible defenses you may have to a particular charge? If you come away from an initial consultation feeling befuddled or misunderstood, look for another lawyer.

5. SOMEONE WHO IS NOT AFRAID TO GO TO TRIAL: The client always controls the decision of whether to accept a plea offer or go to trial. Plea bargaining often results in the best possible outcome for a client. Good things, however, can also come from forcing the government to prove its case. Let your intuition tell you whether this is an attorney you can go into battle with.

6. CONFIDENTIALITY: The attorney client relationship requires trust based on an oath of confidentiality. If you have any questions about a lawyer’s integrity or ability to keep privileged communications confidential, move on.

In the End

As a Minnesota Criminal Defense Attorney, I pride myself on providing the best representation possible. For more information or to schedule a free consultation, contact The Rolloff Law Office today at (612) 234-1165.

Minnesota 2nd Degree DWI (Explained)

A 2nd degree DWI is the second-most severe DWI in Minnesota. This offense is labeled a gross misdemeanor, which means it is punishable by up to 1 year in jail and/or a $3,000. In addition, a 2nd degree DWI carries a number of collateral consequences, including loss of driver’s license, impoundment of license plates (“whiskey plates”), and forfeiture of the vehicle used in the incident.  As such, more likely than not you're going to need some assistance.  My suggestion - contact a Minnesota Criminal Defense Attorney - ASAP.

Why Were You Charged With a 2nd Degree DWI?

A 2nd degree DWI occurs when someone drives, operates and/or is in control of a motor vehicle at a time that he is intoxicated (usually with BAC over 0.08) and there are "other" aggravating factors. These may include: prior DWI convictions, driver's license revocations premised on alcol-related arrest, having a child in the vehicle at the time of the arrest and/or having a BAC above 0.20. If two of these factors are present, then you will be charged with second degree DUI.  Additionally, a DWI test refusal with one aggravating factor will also result in a second degree DWI.

What are your options?

A second degree DWI is a very serious charge.  Not only can it result in jail time, the loss of your driver's license and the forfieture of your vehicle - you may also be required to pay numerous reinstatement fees and higher insurance rates to become a valid driver again.

What Should You Do?

Retaining a good Minnesota DWI lawyer is usually your best option when facing a charge of this nature. The Rolloff Law Office has represented many individuals facing charges of this nature - and worse.  If you or someone you love needs help, call today: (612) 234-1165 or email me jay@rollofflawoffice  to set up a free consultation and learn all about your defenses.

My Son/Daughter is in Jail (Explained)

Whenever I receive a call from a parent with a son or daughter that is currently being held in jail, I tell them that the criminal case is divided into two halves: Getting your him/her out of jail, and everything else.

When a peace officer witnesses a criminal offense (Minnesota DWI, drug charges, etc.), they will usually arrest the accused immediately. Sometimes, that individual  will be taken to the police station for additional questioning or breath testing, before ending up in county jail.

At the jail the defendant is usually “booked,” which consists of fingerprinting and being placed in an orange jumpsuit. He or she may also have a bond set by the arresting officer. Sometimes, he or she is told that they will have to wait to see the judge in the morning.  Here is where an experienced Minnesota Criminal Defense Attorney can help.   

If some one is taken into custody on the weekend, a lawyer can hep secure his/her release by assisting with the bail/bond process. Especially as it concerns getting a judge to set a bail (over the weekend) so one not need wait until Monday to get in front of a judge --- causing them to miss school, work, etc. 

If someone is held until then, the judge will inform the him/her of the pending criminal charge(s) and the minimum and maximum penalties. If the only charges are simple misdemeanors, the judge can ask for a plea. If there are more serious charges, the judge cannot ask for a plea and will address conditions of release.

Conditions of Release - Will There Be Bail?

The judge will review the information he has available and decide whether the accused needs a bond. He will consider the  current charge(s), any criminal history and his/her ties to the community. Essentially, the judge is determining what amount of money (if any) is required to secure the someones future appearance in court and to protect the community from further criminal violations.

If the judge decides that a bond is necessary, then that bond amount must be posted in order for the individual to be released. That money is kept by the court until the case is resolved, then it will be returned or credited toward any financial obligations/consequences.

The Problem

Most of the time, an attorney is not called until after the Initial Appearance.  When I am hired for cases like this, I work to be either attempt to secure an early release and/or to be present at the hearing to earn a release with little to no consequences - depending on the charge(s) in question.  This affords me the chance to discuss the case with the prosecutor and judge, and provide greater detail about the circumstances of the individuals life (ties to school or work for example). It also helps when I can convince the judge that the his/her parents are involved because this further secures their presence at future court dates.

What Now?

If you are seeking representation for a criminal matter - for you or a family member - Call the Rolloff Law Office, today, at (612) 234-1165. 

Your MN DWI Arrest - What You Need to Know

When you are pulled over and arrested for a Drunkn Driving, a lot of things are racing through your mind: How did this happen? What should I do? Who should I talk to? However, while it is understandable that you may be overwhelmed and anxious, it is important to follow certain practices and make note of the events that surround your arrest.

Important Things That You Should Understand About a DWI Arrest


1. Your Minnesota DWI Attorney should obtain all reports and information surrounding your arrest.


While the details of your arrest may be blurry and confusing due to alcohol or the stress surrounding the event, it is important to make note of several things for your lawyer:

• What you were doing prior to your contact with law enforcement?  Be sure to tell your lawyer about anything earlier in the day that may have influenced your condition - sleep deprivation, illness, etc.
• Record what you had to drink - and how much. Be sure to take special note of the time that you drank each beverage because timing can sometimes be more important than quantity.
• Find out the reason stated for stopping you. Did you violate a traffic law; were you swerving or driving erratically?
• Record the statements that you made to the officer. Be sure to tell your lawyer whether or not you admitted to drinking and driving. Also, it’s important to note if you asked to speak to a lawyer at some point during your arrest.
• Recall whether the officer asked or ordered you to take a roadside test. Field sobriety tests are not mandatory in the State of Minnesota, however many officers will not volunteer this information to you.
• Did you take a blood, breath or urine test? If so, what were the results? 
• Were there any witnesses present for your arrest?

2. You must act immediately to protect your right to drive


As soon as you were arrested, the officer should have given you a notice (ie. paperwork) about the forthcoming revocation of your driver's license.  Read this carefully because it is important to understand that from the date the notice was served, you have a limited number of days to request a hearing to fight the revocation of your license. If you do not request a hearing within that time frame your license will be lost - and you'll have no way to fight that aspect of your case.

3. There are many ways your arresting officer’s testimony could be discredited

• Inconsistent statements: If the officer changes his story about the circumstances surrounding the arrest. This could also occur if his accounts of the field sobriety test do not line up with video footage.
• Inability to conduct the field sobriety test in the proper manner: Field sobriety tests have to be performed per the prescribed standardized manner by a skilled officer who is in a controlled environment. Even then, field sobriety tests can be an inaccurate indicator of intoxication levels.
• Failure to recollect: If your arresting officer cannot recall activities surrounding your arrest such as why he pulled you over or how you performed on your tests.

What Should You Do?

It is important to understand your rights when you have been arrested on Drunk Driving charges. Be sure to consult an experienced Minnesota DWI Lawyer if you have any further questions about Minnesota laws or DWI cases. Call the Rolloff Law Office today (612) 234-1165,

Minnesota Public Defenders (Explained)

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Here's a question I wrestle with all too often: Is a Public Defenders the right lawyers for your criminal case? Well, after nearly a decade of working with them, I am convinced they are good lawyers for their "guilty" clients - most of the time.  But, you have to understand, they do not have the time or resources avaliable to them to give you the sort of representation you might expecte when your future is on the line. 

What Does a Public Defender Do?

A typical Public Defender Lawyer in Minnesota handling serious felony cases like Sexual Assault on a Child, Narcotics cases or Robbery and Assault matters will usually handle close to eighty cases at a time. A misdemeanor Minnesota Public Defender lawyer can carry a caseload of over a hundred at a time. With this heavy caseload, no lawyer can do their best work for you. They are forced to choose which cases to pour themselves into.  Essentially, their like the doctors on MASH (albeit not as funny) - performing triage. This means they work hard to plea bargain as many as possible, so they have time to invest in cases where mandatory prison or heavy jail sentences are the norm. Triage of cases does not mean the Public Defender does not care about you. They propbably care a lot; howevcer, they simply cannot devote the time to your case that an experience Minnesota Crimnal Defense Attorney like I can.

What Can You Do?

Your experienced Minnesoat Criminal Defense Attorney should invest themselves in your case. Like myself, they should worry about the next step in your case, be concerned about contacting witnesses, and treat you like family. You lawyer should get angry with the abuses of police and the refusal of courts to care whether you keep your job or maintain contact with your children.

I have experience informing and persuading the court, DAs and probation officers, of unintended consequences of a crimnal charge/sentence. Trust me - you need an advocate to save what is important to you, and a Public Defender simply does not have the time to invest in all these matters.

I meet with witnesses or investigators to go meet witnesses. I travel to the scene of a crime and get the feel of what happened. I spend time working with you, reviewing the evidence against you --- preparing you for court.  As your lawyer, I care about what happens to you and I invest the time to prove it. When the police contact you, make an immediate decision to exercise your Fifth Amendment Right to silence, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your rights and your future.

Minnesota Criminal Sentencing (Explained)

Criminal Sentencing in Minnesota courts is more an art than it is a science. Courts and judges have a ton of tools at their disposal when it comes to meting out a criminal sentence.  The options include: probation, jail, jail plus probation, prison, house arrest/monitoring, a SCRAM bracelet, monitored sobriety, community work service, sentence to serve, drug & alcohol treatment, sex offender treatment, therapy, mental health counseling, letters of apology, and remedial driving classes. One or a combination of these tools, are present in most cases.

Generally speaking, Minnesota law lets judges order a sentence for most anything as long as it is "reasonably related" to the defendant's rehabilitation. That is a broad way of saying that --- if it will make it less likely the defendant will re-offend, then the court can order it.

To most of us, jail or prison is the worst possible sentence one could get - right?  Personally, I don't want to go to jail or prison because it would limit my contact with my family and make it impossible for me to pay my bills. Therefore, financial ruin is almost a certainty. One way I have argued against this outcome for my clients is to appeal to the courts broader perspective about our community -- and specifically to a judge's interest in children and family. If I have a client facing a jail or prison sentence - I going to argue any and all points necessary to see how essential he/she is to their family ... and to their future.

What Should You Do?

Experienced Minnesota Criminal Defense Attorneys should know their client's background, their criminal history, their work status, their family status, their unhealthy lifestyle, and the facts of the case, for a creative approach with a judge at sentencing.



I've sat through thousands of these things - both as an ex-DA and as a criminal defense attorney.  What I've learned - through all of that experience - are the things that a judge likes to hear and what they are repulsed by. I've learned how to teach my clients what to say and what not to say. This is an important component to any lawyer - client relationship. In fact, it is one of the most important.
If a case is not dismissed, criminal sentencing is where most cases end up. I work with DAs, probation officers, treatment providers, family members, and even victims, to make sure my clients receive the best sentence possible. Therefore, if you have a criminal case on the horizon, be smart, exercise your right to remain silent, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your future.

Getting an Order for Protection (OFP) Without an Attorney

Not everything that goes on in the court room requires that an attorney be present.  Granted, when trying to acquire Order for Protection (OFP) - something you can do yourself - you may feel more comfortable with an experienced Minnesota OFP Attorney on your side, and you would likely benefit from the counsel and advice he could provide.  But I understand, attorneys are expensive, money is short, and you may need to save that money for the divorce you see coming.  As such, especially if you feel less than safe in your current situation, I would rather that you go into court without me than wait until you have the money to hire me and get hurt in the mean time.

What Do You Need to Do?

You can get fill-in-the-blank OFP forms from your local courthouse, or you can get them on-line from the Minnesota Court’s web site by clicking here.   OFP forms are specifically designed to be used by people who do not have an attorney.  The instructions are clear and fairly easy to follow.   And, you are not required to pay any sort of filing fee to get an OFP.

Once you complete the forms as directed, you bring them to court administration for filing.   Court administration will make sure a copy of your form called the “petition” is served on the abusing party by law enforcement.  Depending on the facts of your case, the judge may issue a temporary Order for Protection before any hearing was held.  If the judge issues such an Order it will usually remain in effect until a full hearing on your petition can occur.

What Happens at the Hearing?


In court, you'll be expected to testify and tell what happened.  During your testimony you need to be very specific about what your abuser did that hurt you, or made you fear that he/she would do so in the immediate future.  Your abuser will then be given an opportunity to cross examine you by asking you questions.  After you are done testifying, your abuser will then be able to testify about what happened, and you'll get to ask him/her questions.  If you have any witnesses to the event, bring them to the hearing so that they can testify as well.  Once the judge has heard all of the testimony, he/she will decide whether an Order for Protection will be issued.

What You'll Need to Understand

There are more rules that decide whether and when a hearing on your petition for an Order for Protection is held.  Which rules apply depend on the specific facts of your case.  However, the important message here is that you should not wait until you have enough money to hire an attorney before you ask the court for an Order for Protection.  There are forms and resources to get you through the process.  Of course, if at any point you feel overwhelmed by the process, or your abuser gets an attorney, it is always advisable to get an attorney of your own.

Need to Know More?

If you think you need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today at (612) 234-1165 and schedule a no-cost, no obligation consultation.

Minnesota Criminal Defense Lawyer's Job (Explained)

It's often said that an experienced Minnesota Criminal Defense Attorney must wear many hats ... If you’re looking to hire a criminal defense lawyer, you don’t want someone who is known for his or her litigation skills, you want the best criminal defense lawyer in Minnesota.  With so many excellent attorneys to choose from in the region, how do you narrow down your selection and hire the one that can “do it all?”

There are plenty of articles about choosing a criminal defense lawyer, and at first glance many of them seem to be giving credible advice, at least until you notice the list of paid attorney listings below.  When you make a decision that could impact the rest of your life and try to find an attorney who will win your case, it’s a lot more involved than finding the one closest to your home.  As you already know, a conviction for a violent crime in Minnesota carries some serious penalties, perhaps even time in prison.  You will want to have the best attorneys fighting for you, both in the courtroom and behind the scenes.

To put it simply, unless you are qualified to work with a court-appointed lawyer, it will be your responsibility to look for the best criminal defense lawyer for your case.  This is one of those times where saving a few dollars and representing yourself is not recommended.  No criminal case is exactly like another, so it’s impossible to read up on your case and quickly learn how to present your case.  Experienced attorneys know all about the twists and turns, legal precedents and rules of the courtroom.  As a former prosecutor, I also offer something many of my colleagues in the defense game can't give you - that insider's perspective that comes with working for the DA.

Some Suggestions
Look for a criminal defense lawyer who can do the following to help your case;

• Work with you to negotiate a deal with the prosecutor.  Also known as a plea bargain, these deals can often reduce or eliminate a potential prison sentence, as well as many of the charges that were brought against you;
• In the event that you are found guilty, figure out an ideal sentencing program that will prevent you from ending up in the criminal justice system again.  This may include rehabilitative programs such as drug or behavioral treatment plans and 
• Navigate the Minnesota criminal justice system and educate you about the written and unwritten rules and court rules that must be followed throughout your case.

Who You Going to Call?

An experienced Minnesota Criminal Defense Lawyer can do all of the above - and more.  Find out more about me by calling the Rolloff Law Office today to set up a FREE consultation.  Dial (612) 234-1165.