Minnesota DWIs - Know Your Rights

 

The State of Minnesota has specific laws and regulations related to arrests for Drunk Driving.  As an experienced Minnesota DWI attorney I know that drivers should be aware of the laws and their rights. In fact, it’s important you keep track of a couple of points in the event that law enforcement officers stop you on suspicion of driving under the influence:

Probable Cause

First, understand that police officers are not allowed to stop someone without a reasonable suspicion to believe that they are breaking a law. Granted, courts generally give officers a great deal of leeway when it comes to such suspicions, police may stop you only if you’ve committed a traffic violation.

Inadmissible evidence

If an officer asks you to perform standardized field sobriety tests to prove your sobriety, such as horizontal gaze nystagmus (HGN); standing on one leg, walking a straight line and perhaps even reciting the alphabet, counting backwards or touching your finger to your nose --- these tests will be used against you and will be admissible in court.  Contrary to popular belief, you are not required to perform them. 

The officer should inform you that you are not required to take a preliminary breath test (PBT). If you refuse to submit to a PBT on the roadside, Minnesota statutes do allow the officer to immediately arrest you. Any improperly obtained or handled samples may also be inadmissible. Additionally, courts often review any surveillance videos from the squad car or police station to determine whether they corroborate with the officer’s story.

 

Regardless of whether police meet procedural requirements, you have a right to legal representation. To minimize the penalties you may face for possible drunk driving in Minnesota, always consider calling an experienced Minnesota Criminal Defense Lawyer.  Call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Criminal Vehicular Operation (Minnesota)

  

What might have begun as a fun night out celebrating the holidays could turn into a nightmare if you injure someone while driving while under the influence (of drugs or alcohol) or are otherwise accused of being negligent while driving.

While vehicular deaths and/or manslaughter might seem like low-level offenses ... becasue of their "accidental" nature, the courts see it differently ... this is why you should consult with an experienced Minnesota Criminal Defense Attorney.  

See, the state sentencing guidelines for vehicular homicide and vehicular manslaughter include a possible prison sentence of up to seven-years as well as huge fines and lengthy license revocations. You might also be subject to life-long employment and insurance problems can also result.

What is Criminal Vehicular Operation?


Vehicular homicide and vehicular manslaughter most often occur when: 

• drivers have prohibited substances (like drugs - illegal and perscribed) in their blood; or 
• drivers with over-the-limit levels of alcohol in their blood injure or kill people while driving. 

Hit-and-run violations and driving with a revoked license can also increase the level of the violation and possible punishment.  

Considerations

Who Caused Accident: On e effective defense is challenging the assumption that the substance in question actually lead to the personal injury or property damage in question. As an example, if a driver hits a pedestrian --- who suddenly stepped in front of their car --- you should be able to argue that, but-for that negligence, you would have not hit the pedestrian ... regardless of your alleged blood alcohol or drug levels. 

Tests: Another ripe for consideration ... and can lead to a dismissal ... is whether the accused's rights were violated when the sample of their blood, breath or urine was taken.  Or, as you have probably read ... blood, breath and urine tests can be inaccurate. I am familiar with the tests used by the Minnesota Bureau of Criminal Apprehension and can work to discredit the results in your case.
  

If you have been accused of vehicular homicide and vehicular manslaughter, you can fight your charges ... your fate is not set in stone.  The Rolloff Law Office has proven, time and time again, that these matters can be fought - successfully.  We are available all-day, every-day to talk to current and prospective clients. Call us today, for a FREE CONSULTATION, at (612) 234-1165.  

Minnesota Welfare Fraud (Explained)

As an experienced Minnesota Criminal Defense Attorney I am asked many, many questions ... here are some answers about Theft/Welfare Fraud.

What is Minnesota Welfare Fraud?

There is no simple answer to this question ... as such fraud comes in many forms. The most common type is when someone fails to list information (or fills in the fork incorrectly) about their financial situation to the Department of Employment and Social Services. This could be include information regarding income, number of dependants/children or possession of properties and other items of value. 

Welfare fraud can also occur if someone pretends to be someone/thing else in order to receive benefits or if you continue to receive benefits that you know you are not entitled to.  Furthermore, welfare fraud occurs when you pretend to be injured or ill in order to abuse the system.

Accused?  What Next?

As with almost any theft related offenses, a permanent welfare fraud conviction may negatively affect you for the rest of your life --- making it difficult for you to obtain employment, a bank loan, or for you to rent/buy a home/apartment.  Additionally, you may be required to pay back the money, plus pay interest and penalties.   A welfare fraud conviction in the State of Minnesota may also lead to both jail or prison time and and fines.  This all depends on whether you are charged with a felony, a misdemeanor or a gross misdemeanor.

Should Hire a Minnesota Criminal Defense Attorney?

If you or someone you love has been accused of welfare fraud, the most important thing to do is contact a professional Minnesota fraud lawyer immediately. The sooner you make the call, the quicker an attorney can get to work handling your case. The more evidence that is gathered, the better your defense strategy may be --- and the less consequences you might face.  
   

The Rolloff Law Office has over a decades worth of criminal defense experience.  For the overwhelming number of our clients, charged with theft related offenses, we keep them out of jail.  Also ... we understand that restitution is going to be important - to secure a great outcome.  This is why we keep our fees low.  Call the Rolloff Law Office for a free consultation: (612) 234-1165

Hennepin County Driving After Suspension (Explained)

The loss of your Minnesota Driver's License can complicate so many things ... and lead to tickets/criminal charges ... that you should know your rights.  

As  a Minnesota Criminal Defense Attorney, I have helped hundreds of people with this problem.  Hopefully some of the information that I have offered here helps.  If you need to know more, please feel free to call the Rolloff Law Office: (612) 234-1165.

Driving After Cancellation (DAC), Driving After Revocation (DAR), Driving After Suspension (DAS), and Driving After Disqualification are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Drunk Driving arrest or conviction. 

The Law

These offenses are governed by Minnesota Statute 171.24, which reads:

[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license,” while the person’s license or privilege is suspended, revoked, or canceled. 

If the “person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license, while the person’s license or privilege is canceled or denied.” 

Consequences

If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much steeper.  

Minnesota Statute 168.041 subdivision 2 states, 

If a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.   

Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to a third party.  If you want to work to get your privledge back and/or keep the consequences to a minimum, call the Rolloff Law Office to set up a FREE CONSULTATION - today: (612) 234-1165

Hiring a Minnesota Criminal Defense Lawyer (Explained)

So, you have some questions about whether you might need the services of a Minnesota Criminal Defense Attorney.  Here are a couple of things you should strongly consider.  

Do I a Lawyer?

Anyone acing a criminal charge, no matter how minor, could benefit from speaking with an experienced Criminal Defense Lawyer. Even if you never hire him, a FREE CONSULTATION will help you to understand the nature of the charges you face, possible defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.

For serious charges, it will be a rare situation where one can "do-it-themselves." When the consequences are huge/serious ... a lawyer can assist with (at the least) the negotiation of a plea bargain, or to prepare a case for trial.  

What Should Your Lawyer Know?

An experienced Minnesota Criminal Defense Lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.

How Much it Cost?

The cost of a lawyer can vary significantly --- depending upon the nature of the charges which have been filed (or which are expected to be filed) against the defendant --- and what needs to be done - ie., a trial and/or plea bargain.  As a general rule, lawyers will typically require a large fee for a complex case ... less for a simple one.  The amount of a retainer fee will also typically increase with the severity of the charge filed against a defendant.  

Misdemeanors & Felonys

In a misdemeanor case, , it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.  

Where to Find a Lawyer

It is unfortunately not always easy to find a good criminal defense lawyer. Here are some suggestions:

Professional Organizations - Each state, and some counties/cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.

Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.

Directories - There are a number of online directories which include criminal defense lawyers, including LegalMatch.com, Lawyers.com and FindLaw.

After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours.  Call the Rolloff Law Office - today - to set up your FREE CONSULTATION: (612) 234-1165

Minnesota DWI - Filed Sobriety Tests (Explained)

A Minnesota law enforcement officer, after pulling over a driver for suspected of drunk driving, will usually say something to the effect of “I need to have you step out --- and do a few tests to make sure you are okay to drive."

The sad truth is, the driver is (usually) not told that he/she has the option to refuse those tests.  

Filed Sobriety Tests (The Truth)

Almost always, the purpose for the Standardized Field Sobriety Tests (SFSTs) is to gather evidence against you to be used at trial --- not to "prove" that you are not under the influence. 

Here's what you need to know: there are (at least)  two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose an experienced Minnesota Criminal Defense Attorney gets the test kicked out? The government can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFSTs. 

They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 

If you do not perform the tests ... especially if you decline to offer of a sample of your breath (on the side of the road for the the preliminary breath test (PBT) ... the officer can place you under arrest, transport you back to the police station and ask you give a sample of you blood, breath or urine.  

You have no duty to make the cops case for him. 

If you need help with a DWI arrest, contact the Rolloff Law Office for FREE ANSWERS.  Call today: (612) 234-1165

Domestic Assault (Explained)

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong Minnesota Criminal Defense Attorney. 

A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. 

Domestic Violence Accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in the State of Minnesota.  Believe it or not, someone can be charged with domestic abuse under the state’s law if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault; and/or 

Cause someone to fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both parties  participate in escalating the conflict. 

To get to the bottom of messes like this, you need the immediate support of an experienced Minnesota Domestic Assault Attorney. 

At the Rolloff Law Office, we have extensive experience (first as a former prosecutor and now) defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.  Call now: (612) 234-1165

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong defense. A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. I am Minnesota assault lawyer Dennis M. Lothspeich, and I will aggressively defend you. I have more than 25 years of experience as a formidable trial attorney and never hesitate to take my clients' defense into the courtroom.

Helping you understand domestic violence accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in Minnesota. You can be charged with domestic abuse under the state’s Domestic Abuse Act if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault Terroristic threats Criminal sexual conduct

Interference with an emergency call Infliction of fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both people participate in escalating the conflict. You need the immediate support of a diligent Minnesota assault attorney if you are accused of:

Assault with a deadly weapon Spousal abuse Harassment Violating a restraining order

Child abuse Stalking Sexual assault False imprisonment

I have extensive experience defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.

Fighting for your best results

When seeking a Minnesota assault attorney, you want one with a solid criminal defense background. I have the resources and knowledge to achieve positive results even in very complicated cases. I review the facts of your situation, gather evidence and meticulously attack the prosecution’s case against you. My goal is to get your charges reduced or seek an acquittal at trial. I stand by you and do my best to see you through one of the toughest experiences you may have to endure.

Get the defense you need from experienced Crow Wing County trial attorney Dennis M. Lothspeich

If you are facing domestic assault charges, I can help. Call me, attorney Dennis M. Lothspeich, at 218.825.0861 for a free initial consultation, or contact the law office of Dennis M. Lothspeich, P.A. online. I accept collect calls from jails and correctional facilities in Crow Wing and nearby counties and can arrange an immediate visit with you onsite if you are in custody and need assistance. I charge a reasonable flat fee, which is set up front. In some cases, my fee can be comfortably spread out into monthly payments during the duration of your case. My office is conveniently located across from the Crow Wing County Court House. I am happy to schedule an evening or weekend appointment if needed.
- See more at: http://www.brainerddwilawyer.com/firm/assault/#sthash.Mkj9aFt9.dpuf

Minnesota DWI - Field Sobriety Tests (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about DWIs.  One common inquiry is about Field Sobriety Tests.  Here's some info that you need to know.

Minnesota Field Sobriety Tests

A police officer, after pulling over a driver for suspected Drunk Driving will usually say something to the driver: 

“I need to have you step out of the car and do a few tests to make sure you are okay to drive."  At the time, the driver is not told that he/she has the option to refuse those tests. 

Here’s the skinny. 

Almost always, the purpose for the Standardized Field Sobriety Tests (SFST) is to gather evidence against you to be used at trial. 

The Truth

There are two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose a clever defense attorney gets the test kicked out. They can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFST. They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 

The one exception (sort of) to this is the preliminary breath test (PBT) --- that little box that officers have you blow into on the side of the road. 

If you refuse to blow into the PBT the officer can place you under arrest and ask you to do a blood, breath or urine test. But, the PBT is not admissible in court (except for persons under 21) to show the existence of alcohol or if you later refuse the blood, breath or urine test.

Need help, with a Drunk Driving accustation, feel free to call the Rolloff Law Office to get FREE ANSWERS and set-up a consultation: (612) 234-1165

Minnesota Criminal Sentencing Options (Explained)

Like with any story, people want to know how it ends.  As an experienced Minnesota Criminal Defense Attorney one questions I get a lot is: What Will My Sentence or Consequences Be?  Listed below are how the majority of cases are resolved in the State of Minnesota.

Case Outcomes

Through a trial or plea bargain negotiations, there are several possible outcomes to any case.  The benefit of a plea bargain is that you know what the sentence will be before admitting to the offense.  The possible outcomes for trial or plea negotiations are as follows:

• Dismissal - all charges dismissed ... pretty easy to understand, right;
• Continued Without Prosecution ("CWOP")  or Continued For Dismissal ("CFD"). Here, your case is set aside and p does not go forward for an agreed upon period of time - usually a year. Then, if certain conditions are met by the end of the time period, the case is dismissed;
• Stay of Adjudication - A plea of guilty is offered to the court, but the court does not accept it. If all conditions are met at the end of the probation period, the case is dismissed --- much like a CWOP or CFD;
• Stay of Imposition - The court does not impose the full sentence but puts you on probation with terms and conditions. At the end of the probation period, if all conditions are met, the conviction may be determined to be a lower level than charged, or (if negotiated) the case is vacated and dismissed --- often a Felony becomes a Misdemeanor;
• Stay of Execution - This is when a sentence is imposed, but some or all terms are not imposed, and the defendant is placed on probation. The execution of the sentence will be stayed ... conditioned upon terms that are up to the court --- this usually involves someone serving jail time on the county lock up as opposed to going to prison;
• Diversion program - Certain crimes or defendants are eligible for a programing that takes the accused out of the court system and puts them into a program designed to rehabilitate the offender. If all conditions are met, the case is dismissed.   
• Execution of the Sentence - This is when the judge imposes the sentence without any stayed condition.

  

Don't be afraid to get answers to your questions, before you spend your hard earned money.  Call or text the Rolloff Law Office - ANYTIME -  to get answers for ask these questions and any others: (612) 234-1165

Hennepin County Juvenile Defense Attorney (Explained)

As an experienced Minnesota Criminal Defense Attorney ... and as a human-being .. I get that everyone makes mistakes—especially young people.  Children and teenagers involved in criminal activity are susceptible to long-lasting penalties that could impact the rest of their lives. A Minnesota Juvenile Defense Attorney can provide emotional support to a juvenile and their family and make sure the potential penalties don’t damage the child’s future.

What Do You Need to Know?

In the State of Minnesota the law defines a juvenile as a person between the ages of 10 and 17. When an underage person commits a crime, the laws and consequences are different than they are for adult criminals. For example, juveniles are not entitled to a jury trial or bail release.

Some of the most common juvenile crimes in Minnesota are:

• Alcohol Use
• Drunk Driving
• Speeding
• Reckless Driving
• Texting While driving
• Motor Vehicle Theft
• Shoplifting
• Drug possession
• Disturbing the peace

As with adults, juvenile crimes can range from petty misdemeanors to felonies, depending on the circumstances surrounding the crimes. In the most serious cases, the juvenile offender can be charged and punished as an adult.

Consequences

Many children don’t deserve harsh sentences because they are often unaware of the consequences of their actions. Common punishments for juvenile offenders include counseling and detention in a youth facility or juvenile hall. Having a criminal attorney to fight against the prosecution and keep the charges to a minimum is a must.

In the final analysis, an offender’s age, criminal history, and the circumstances surrounding the crime determine the sentence.  With insight into the process, that I gleaned from my former role - as a prosecutor - I have worked to help family's put their juvenile in the best possible position to get the right outcome - ie., one that does not ruin a promising future.  

There are numerous exceptions and defenses to these consequences. Anyone charged with a juvenile offense offense should contact the Rolloff Law Office as soon as possible to discuss possible defense strategies for their case.

Minnesota Criminal Defense - Get Free Answers? (Explained)

 

Before you commit to a lawyer ... personally and financially ... you should get information.  As a former prosecutor, and an experienced Minnesota Criminal Defense Attorney, I can give you a road map as to the where, what, who and why of your legal dilemma.  To make you feel comfortable, please understand that your first consultation is FREE. 

If you're considering meeting with an attorney, but you don't know if we can help, or if you can afford our high-quality personal service, contact the Rolloff Law Office now. 
  

We handle most criminal cases on a flat fee basis and accept credit cards. Because each case is different, after reviewing your case we will tell you up front if we can take the case and what it will cost. You then have the option of hiring us to deal with the case-at-hand.

I am straightforward and honest about what I can do to help and what it will cost --- only paying for what you need.  Call today: (612) 234-1165

Minnesota Criminal Defense Attorney (Explained)

One question I get a lot ... from people who have never had to hire a lawyer specifically ...  is: "How can you defend criminals?"

True ... it is probably not a surprise that many (if not most) of the people I work with are "guilty" of the crimes they are accused of.  Or, at least, guilty of something.  Honestly, clients often come to me with little or no hope, wondering what (if anything) can be done.  

One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with.  An experienced  Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.  

In addition, a lawyer is often able to negotiate a favorable settlement, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two, the fees paid will have been well worth it.  Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Lawyer's Role

But what about the role of a lawyer as counselor?  Those accused of crimes are often in need of something more than merely being represented in court.  Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as drug addiction or mental health issues.  Criminals may do bad things, but I firmly believe they are not bad people.  Generally speaking, their biggest problem is what could be described as a “lack of foresight.”  A lawyer can help counsel their client, advising them to address any underlying issues.  This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable.  Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.

There is a balance that must be struck, however.  Those accused of crimes do not need another person to lecture them on their mistakes.  Most already acknowledge that they screwed up somehow, and most are ready to make a change.  It is the lawyer’s role to encourage them and assist them in making the changes they want to make.  One of the very best parts about being a criminal defense attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better.  Rather than focusing too much on the past, I believe it is best to focus on the future.  Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.  

For help with a legal dilemma, please feel free to call The Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Hennepin County Drug Charges (Heroin)

Heroin ... all over the news these days ... is being reported as one of the more addictive drugs & its abuse is once again climbing. Law enforcement, law makers and the courts are not blind to this fact, and they are taking action.

If you or someone you love is accused of heroin possession in the State of Minnesota, there’s a good chance that you are scared - and rightfully so. Fortunately, an experienced 
Minnesota Criminal Defense Attorney may be able to help. 

Consider This

Minnesota is known for being tough on crime ... and Controlled Substance Crimes in particular.  Possession of heroin is a serious felony-level charge, no matter how much someone is accused of possessing. This means that a conviction could result in prison time, lengthy probation ... and all of the "crap" that goes along with being charged with a felony. 

Having had started out as a prosecutor, I have an insight into how these matters can and should be handled ... working to earn a   a positive resolution of your case.

Penalties

Possession of heroin is a felony charge, no matter the amount one is found to possess.  However, the actual amount does factor into  the charge you face and the potential consequences.  In the State of Minnesota, the law sets-forth these penalties:  

• Fifth Degree Possession (Less than 3 grams) - up to 5 years in Prison and $10,000 in fines;
• Third Degree Possession (From 3 - 5.9 grams)  - up to 20 years in prison and $250,000 in fines;
• Second Degree Possession (From 6- 24.9 grams) - up to 25 years and $500,000 in fines; and 
• First Degree Possession (25 grams or more) - up to 30 years and $1 million in fines.

Evidentary Issues 

There are many laws protecting your rights and dictating how the evidence gathered against you must be handled ... and if law enforcement fails to do their job correctly ... there are sometimes opportunities for your Minnesota Controlled Substance Crime Attorney to argue that it should be suppressed.

Example: If it can be shown that your rights were violated in the search or that the evidence was not properly handled, there may be cause to have your case thrown out completely.

Plea Deals

In many cases, a plea bargain is the best option for everyone involved. This is true ... if you admit some level of wrongdoing but want to avoid the worst possible penalties. Often, especially if this is your first offense, you can avoid prison time with a plea agreement --- you can even (maybe) keep this off of your record all together.  The terms of the agreement will be based on a variety of factors including the facts of your case, the prosecutor working on it, and your prior record.
   

The best criminal defense strategy for your case depends on a million different things ... all too often.  Working with the Rolloff Law Office, to develop this strategy, begins with a FREE CONSULTATION.  Call today to discuss your case.

Minnesota Shoplifting at Wal-Mart (Attorney)

As as experienced Minnesota Shoplifting Attorney, I get loads and loads of questions, here is one of the ost common:

Mr Rolloff, 

I recently received a civil demand letter in the mail from attorney Michael Ira Asen P.C stating I must pay $250 in 30 days. 

I was caught stealing from Walmart. It was my first time ever stealing and it won't happen again. (The police were called and I was also given a citation.)  I was also told I had to stay away from the sore for a year.   

What if I am unable to pay the fine in time? Do I even have to pay it at all since there were no police involved? 

Caught

  
The Truth

Retailers are allowed by statute to make the demand. It is not a scam (as often suggested) but a legitimate demand allowed by law. That being said, there is procedure to this ... and if you really want to part with you money, pay it.  If not, you (or an experienced Minnesota Criminal Defense Attorney) can respond to these demands ... and, if my experience is any indication, you WILL NOT have to pay anything.  Additionally, paying this demand WILL NOT have any impact on the citation you received.  You will still have to go to court to answer for this allegation.
   

 Sure, there is more I can say, so ... if you have any questions/concerns, please fee free to contact the Rolloff Law Office for FREE ANSWERS.  Call Today: (612) 234-1165

Should We Hire a Juvenile Criminal Defense Attorney?

If there is one thing I know, personally, is that everyone makes mistakes—especially young ones. 

One thing to be careful about: children and teenagers involved in criminal activity are prone to long-lasting penalties that could impact the rest of their lives. As and experienced Minnesota Juvenile Criminal Defense Attorney, I can help provide the support - legal and otherwise to your child and your family - and make sure the potential penalties don’t damage the future.  

What to Expect

Minnesota law defines a "juvenile" as a person between the ages of 10 and 17. When a juvenile commits a crime, the laws, procedures and the consequences are different than they are for adult criminals. For example, juveniles are not entitled to a jury trial or bail release.

Some of the most common juvenile crimes in Minnesota are:

• Alcohol Violations Involving Minors
• Drunk driving - "Not a Drop"
• Speeding, careless/reckless driving, and texting while driving
• Shoplifting/theft
• Employee theft
• Drug possession
• Obstruction of justice
• Disorderly conduct

Juvenile crimes can range from misdemeanors to felonies ---  depending on the circumstances surrounding the crimes. In the most serious cases, the juvenile offender can be charged and punished as an adult and even sent to prison.

Many children don’t deserve harsh sentences because they are often unaware of the consequences of their actions. Common punishments for juvenile offenders include counseling and detention in a youth facility or juvenile hall. Having a criminal attorney to fight against the prosecution and keep the charges to a minimum is a must.

How to "Win" the Case

The offender’s age, criminal history, and the circumstances surrounding the crime determine a consequence.  However, unlike criminal court, the intention is more focused on rehabilitation.  Therefore, if we work together ... getting "help" before the judge makes his order, we can work to keep the ultimate consequences to a minimum ... keeping the individual's future path free of the "clutter" these wrong-doings could cause.  
   

A Minnesota Juvenile Defense Attorney can ensure that a juvenile’s rights are not violated, and that they receive the support they need to grow.  Call the Rolloff Law Office today, to set up a FREE CONSULTATION: (612) 234-1165.  

Why You Should Always Call a MInnesota Traffic Ticket Attorney For Your Ticket

As an experienced Minnesota Traffic Ticket Attorney, I get loads and loads of questions about how much does a lawyer cost --- and is it worth it?  No doubt, these are legitimate questions.  And with just a few quick facts, you can get the right answers from almost any attorney that handles traffic tickets.  

Questions to Ask a Lawyer

How old is the ticket?  What's it for?  What county and/or city is it in?  These are likely to be the questions you will be asked by the Minnesota Criminal Defense Attorney you contact, because these questions basically allow for a calculation of the amount of work that's involved. 

But when you are asking the questions of the attorney, should price be one of the first questions you ask?  Hardly, in fact, it should be the last.  Here's why.

To ask a question about price, you are assuming that traffic attorneys are like any other commodity.  You are wise to shop around for the lowest price - true; because regardless of what you pay for it, it is pretty much going to look, taste and quench your thirst exactly the same.  

However, Minnesota Traffic Lawyers are not just any product.   They come in all shapes and sizes (literally and figuratively).

What I mean by that, is some traffic lawyers are small one man/woman operations, and are usually cheaper/less expensive because they have less overhead.

Conversely, some firms are not one man/woman operations and appear to charge more.  Often, this goes more toward keeping them in their fancy offices ... profiting off of your misfortune.  

Granted, it's important that you not be penny wise and pound foolish ... and you shouldn't just hire a layer to save $10-$20 if doing so could be the difference between hundreds or thousands of dollars in higher court costs or higher insurance increases.  But, you only need to pay for what you need. 

As a former prosecutor, who has worked thousands of traffic tickets, I can give you a fair assessment of you case ... and I will only charge you for the work I do.  You will not be paying for my ego.   
  

Don't be afraid to get answers to your questions, before you spend your hard earned money.  Call or text the Rolloff Law Office - ANYTIME -  to get answers for ask these questions and any others: (612) 234-1165