Unfortunately, domestic violence is an all too common occurrence in
the State of Minnesota. If you or someone you love suddenly find themselves charged with a crime --- or is in need of an order of protection --- you need to understand what
you’re up against. This is why you should contact a Minnesota Defense Attorney.
What You Need to Know
A very common occurrence --- when someone is charged with domestic violence crime is that the accused is prohibited from having contact with the complaning witness --- this can also include their residence and their family. In Minnesota --- this can come in the form of a DANCO (Domestic Abuse No Contact Order) and/or OFP (Order for Protection.)
Violate one of these orders and one can
find them-self facing even more charges. Therefore, it is vital that him/her understands what the different kinds of orders require of you.
What These Orders Prevent One From Doing
Once
a judge hears the case, she will decide on which type of
protective order to make and the stipulations thereof --- including:
- A prohibition from going near your own home (if
the alleged victim continues to reside there), the alleged victim’s
workplace, and possibly your children’s school(s);
- Removal of custody of your children (or limitations in your rights);
- Payment of spousal support to your accuser;
- Restitution for domestic assault, including payment for injuries;
- Awarded divorce and termination of spousal rights;
- Mandatory counseling/therapy; and
- Anything the judge deems necessary.
If You Fail To Follow The Order
Breaking
a protective order is punishable by law, and in most cases will earn
you criminal charges . If a protective order is issued against you and you don’t
understand it, the best thing you can do is talk to a knowledgeable
domestic violence lawyer who can explain what you are up against and
tell you your options.
The Rolloff Law Office is a Minneapolis-based criminal and defense firm known
for fighting aggressively for its clients and utilizing tactics honed while serving as a prosecutor. Call to set up a FREE CONSULTATION - today - (612) 234-1165
As an experienced Minnesota Criminal Defense Attorney I answer a lot of questions --- here are a number of common ones:
The police asked me if I would answer a few of their questions, should I talk to them?
Noooooooooooooo. in my experience --- I understand that individuals have a desire to seem cooperative and/or question what could happen if they don't "help" the police. In my experience --- even if the cops are being courteous and respectful, IMHO - it is smart to remain silent until you have a lawyer present. The most
important thing to remember is that you DO NOT have to answer ANY
questions and if you do, you should know that everything you say WILL be
used against you in the future. Therefore, politely decline to answer
any questions of law enforcement until you have consulted with a
criminal defense attorney.
Do I need an attorney if I’m planning to plead guilty?
Yes.
Remember --- you are only going to get one chane to get your case right. therefore, it is in your best interest to consult with an experienced Minnesota Criminal Defense Lawyer before making any decisions concerning pleading to any criminal charge.
Contrary to what you may perceive, pleading guilty may not be your best
option. Even if it is, having an attorney to advocate for your rights
when negotiating with the prosecution on a fair sentence can increase
your chances for a lesser charge and a lighter punishment.
Why should I you to defend me?
I
have over a dozen years of experience in criminal court - whether as a prosecutor or defending those accused of DWI,
Theft, Assault, Domestic Assault, Drug possession charges, Fraud,
Criminal Sexual Conduct charges and a variety of criminal charges. I
have aggressively and successfully worked with thousands of people facing
charges of everything from petty traffic offenses to serious Felony
charges. If you want FREE ANSWERS - call today: (612) 234-1165.
A violation that I - both as a prosecutor and an experienced Minnesota Criminal Defense Attorney - get tons of questions about concern those little yellow school busses and their stop-signs.
Well, according to Minnesota law, when a school bus is stopped on a street or highway and is
displaying an extended stop-signal arm and flashing red lights, an individual approaching the bus, in his/her vehicle, is required to stop within at least 20 feet
of said bus. Then, the driver must not move their vehicle until the
school bus stop-signal arm is retracted and the red lights stop
flashing. Failure to do so is a crime.
It is also illegal to pass (or attempt to pass) a school bus on the
right-hand, passenger-door side of the bus while the school bus is
displaying the "pre-warning" flashing amber signals.
What You Need to Know
Anyone who who fails to stop a vehicle while a school bus has its
stop-arm extended is guilty of a misdemeanor punishable by a minimum
fine of $300.
However, that same person could be convicted of a Gross Misdemeanor if they fail to stop their motor vehicle and commit either or both of the following:
- Passing or attempting to pass the school bus in a motor vehicle on the right-hand, passenger-door side of the bus
- Passing or attempting to pass the school bus in a motor vehicle when
a school child is outside of and on the street used by the school bus
or on the adjacent sidewalk.
The law is harsh in these settings because the lives of children in danger. Therefore, police and prosecutors take these crimes very seriously.
As such, you should, if you ever find yourself charged with illegally passing a school bus, should
talk with an experienced Minnesota Traffic Attorney . The Rolloff Law Office can walk you through the steps of your case
and plot a course for successful defense. Call today to set up a FREE CONSULTATION: (612) 234-1165
In the State of Minnesota there are four basic levels of offenses/violations: Petty Misdemeanors, Misdemeanors, Gross Misdemeanors, and felonies. Here is some information on what those terms mean - in terms of possible consequences. If you have additional questions, you should contact a Minnesota Criminal Defense Attorney.
A Misdemeanor is the lowest crime you can be charged with in Minnesota. (A Petty Misdemeanor ... due to the fact that no jail time can be assessed, among other rationale, is technically not a crime. More information on this can be found here.) A Felony is the highest level crime you can be charged with. Unlike other jurisdictions, the State of Minnesota does not have different levels of Misdemeanors and Felonies. As such, this means is that the terms encompass wide array of offenses.
Misdemeanors
A “Misdemeanor” refers to any crime that can be punished by up to 90 days in jail and/or up to a $1,000 fine. That’s it. That’s all it means. If you say that you have been convicted of a misdemeanor, it doesn’t tell me anything, except that you’ve been convicted of a low-level crime.
Felonies
A “felony” refers to any crime that can be punished by more than a year in prison. Like saying you’ve been convicted of a “misdemeanor,” telling me you’ve been convicted of a “felony” doesn’t tell me much.
Unfortunately, if you tell most non-lawyers that you’ve been convicted of a felony, they assume the worst. One of the most unfortunate sets of crimes is the drug offense hierarchy. The lowest level is a petty misdemeanor; possessing 42.5 grams or less of marijuana is a petty misdemeanor (not even a crime because you can’t serve jail time for it). Possessing 42.6 grams of marijuana is a felony. There’s no in-between. There’s no such thing as a misdemeanor drug offense. But you may never serve a day of jail time for either offense, and the fine may be the same $300 for each offense. This is why telling me you’ve been convicted of a felony doesn’t tell me much. But I’m a lawyer. There is a huge stigma in the community about felonies. This is largely based on not knowing things like this.
Similarly, a misdemeanor can be anything from a first-time DWI to theft to assault to certain prostitution offenses. If you tell me you’ve been convicted of a misdemeanor, I need more information.
You are only going to get one, good chance to earn the right result for your case. Do yourself a favor - contact the Rolloff Law Office to set up a FREE CONSULTATION before you do anything. Call today: (612) 234-1165.
If you are a parent of family member who has questions about a child that has been arrested --- you are most likely upset and confused. True --- you don’t want this young person's future to be compromised in any way. If there is any (early) good news it is that the courts in the State of Minnesota are actually set-up to focus on ensuring a better future for almost every juvenile offender by stressing on rehabilitation rather than punishment. Bearing as much in mind, it is important to consult with an experienced Minnesota Criminal Defense Attorney --- to ensure that you can earn the best possible income for your loved one.
What You Need to Know
The State of Minnesota has a specific set of laws on the books that apply to minors. These laws tell the courts to handle juvenile cases differently than adult cases.
At the Rolloff Law Office, you will work with an experienced juvenile defense attorney who explain to you your family's options with you --- telling you everything that you need to know so that you can make well-informed decisions. You will know what to expect at every phase in the case.
The Minnesota Juvenile Court System
Depending on the severity of the charge, a decision will be made as to which court the case will be tried in. It is entirely possible for a juvenile to be tried as an adult --- if they commit an offense that is considered an adult crime, such as murder. Since the penalties and consequences handed down in adult court will be adult consequences, the juvenile could face the prospect of serving time in an adult prison. This is another reason why it is imperative to have a highly experienced attorney by your side.
Types Of Juvenile Crimes
I handle all types of juvenile crimes. While a child can commit any crime than an adult can, there are some that are more common than others. Those common types are:
- Assault
- Burglary
- Theft
- Terroristic threats
- DWI
- Drug crimes
If you are the parent of a child who has been accused of a crime, one of the first things you need to do is call an experienced and affordable juvenile attorney. By giving your child the representation that he deserves, you are taking a step toward preservinghis future. To learn more about how the The Rolloff Law Office can help you --- Call (612) 234-1165 and set-up a Free Consultation.
Charged with a crime? Your choice of an attorney is likely the most important decision you will make --- to earn the best result for your case.
What Do You Need to Know?
Likely by
the time that you are charged, the reports will have been written ... statements from witnesses will have been recorded ... and examinations of the evidence - by investigators will have been completed. The government's work is done. Alas, yours is just beginning. The next best decision - for you - would be to consult with an experienced Minnesota Criminal Defense Attorney to
into the state's case and to work to seek the best possible outcome.
What Can a Lawyer Do For You?
As a former prosecutor, my approach to criminal defense is a step by step process that has been demonstrated effective in achieving results such as though below.
First,
we identify the inaccuracies and holes in the police reports. This is
essential for simply a basic understanding of conflicting facts, and
where we have to go to demonstrate your version of events.
Second,
we identify where the reports themselves fall short in describing the
precise crime charged, and how evidence and statements were obtained.
This analysis forms the basis of motions to dismiss the case. A case
may be dismissed if the police reports themselves, even if believed,
simply don’t add up to the crime charged. In other cases, statements
and evidence may be suppressed, meaning it can’t be used at trial,
because it was unlawfully obtained or because it is not sufficiently
reliable or consistent with other evidence.
Third, we conduct our own
investigation if necessary to generate evidence which supports your
story, what you know actually happened. One of the greatest powers a
lawyer has is he ability to compel the appearance of witnesses at trial,
or have them arrested if they do not show.
Fourth, we consult with
the top experts in many fields of forensic study with whom Mr. Rolloff
has cultivated close professional relationships.
Finally, we prepare
for trial throughout the process. Not every case goes to trial, but
every case must be prepared for trial, or plea negotiations and motions
have no teeth whatsoever. Trial is the leverage which results in good
resolution that keeps you free, keeps your record clean, or which
results in dismissal altogether.
Preparing a matter for trial involves
more than just challenging the evidence in front of a jury. The jury
ultimately wants to hear a story, not a series of statutes and
procedures.
The Rolloff Law Office prepares your story in a compelling and believable
manner, backed by all the force of law and evidence. This approach has
been demonstrated advantageous for clients like those below.
If you want to learn more --- set-up a FREE CONSULTATION, call the Rolloff Law Office - today: (612) 234-1165
If you have spent a single second looking up Minnesota Second Degree DWI on the internet ... you are already aware that it is a very serious offense --- and that you will almost certainly face jail time if convicted of that crime.
Criminal Consequences
If you are convicted of a Minnesota Second Degree DWI you could facing a lengthy jail consequence. This sentence is usually split up between actual jail time and electronic home monitoring with alcohol supervision. If you have one prior DWI conviction with a current 2nd Degree DWI charge, you will most likely be sentenced to serve 30 days in jail of which you must serve 48 hours in custody and the balance can then usually be served on electronic home monitoring. There is no mandatory minimum jail time if you are convicted of a 2nd Degree DWI charge but do not have any prior DWI convictions. However, because there are aggravating factors involved that led to the 2nd Degree DWI charge, you will still most likely face a request for a jail sentence from the prosecutor if convicted of that offense.
Civil Consequences
If you're facing a 2nd Degree DWI charge ... you could also be subject to increased driver’s license revocation periods, license plate impoundment, and the potential loss of your vehicle. This is why you should talk to an experienced Minnesota Drunk Driving Attorney.
A Second Degree Minnesota DWI charge almost automatically triggers the seizure of your vehicle. The arresting law enforcement agency will take your vehicle and give you notice that it intends to permanently take your vehicle from you. If this happens, it is important to contact an experienced MN DWI Lawyer immediately. Paperwork needs to be filed with the court in a timely manner in order to preserve your ability to challenge your vehicle forfeiture.
Still have questions, contact The Rolloff Law Office to thoroughly review your case and do everything possible to get your driver’s license back and help you avoid a conviction. Call today: (612) 234-1165
A lot of people that I have worked with - as an experienced Minnesota DWI Attorney - have said: "I will never drink and drive, again." And then ... "Again" happens. The State of Minnesota's Drunk Driving laws makes it clear that repeat drunk driving offenders will encounter harsh penalties.
Criminal Penalties
If you hated your first trip to court for a DWI ... you're really going to his like Round 2. According to the Minnesota Department of Public Safety, law enforcement arrest in upwards of 30,000 people every year for driving while intoxicated. Upon conviction, these people face both criminal and civil/administrative offenses. The public saftey department asserts that people with multiple DWI offenses, over a 10-year period, could encounter the following consequences from a criminal perspective:
For a second offense in which the person’s blood alcohol concentration was under 0.16, the defendant could face a fine of up to $3,000 and up to serving one-year in jail.
For a second offense in which the blood alcohol concentration was at or above 0.016, or for any third offense, the defendant could receive a gross misdemeanor charge that carries with it up to a year in prison and up to $3,000 in fines.
For any fourth offense, a defendant will be charged with a felony and face up to seven years in prison and up to a $14,000 fine.Criminal DWI convictions will remain a part of people’s records for the rest of their lives.
This can have a serious effect on finding employment and suitable housing, especially when the charge is a felony. Convicted felons also lose some of their constitutional rights, such as owning firearms.
Aggravating factors
The
above-listed penalties give judges some leeway when handing down a sentence.
When there are aggravating factors present, an offender could face the
mandatory minimum penalties available under the law. For example, a second DWI
offense alone may be classified as a 3rd Degree Gross Misdemeanor. However, if a child was in the vehicle, the crime, while still categorized as a gross misdemeanor, could lead to a second degree DWI charge and cost you your vehicle. Additionally, if the defendant caused an accident that led to
property damage or the serious injury or death of another person,
prosecutors could bring more severe charges.
Test refusal
Minnesota’s
implied consent law dictates that anyone who is arrested on suspicion of
drunk driving must submit to a chemical test of either the blood,
breath or urine. The test will be administered within two hours of the
time someone was last driving. Refusing to take the test will have
consequences, including automatic revocation of the driver’s
license.Just like the above penalties, the repercussions of refusing a
test grow more serious with multiple offenses. Someone with no prior
convictions faces a one-year's long license revocation.
However, anyone with prior convictions will have to add that one-year
time-frame to any current license restrictions.
Administrative Penalties
As anyone who has been through a DWI knows ... the consquences do not end in the courtroom with criminal sanctions. In fact, for some people, the civil/administrative penalties for DWI can be far more inconvenient. According to the DPS, anyone convicted of multiple DWI charges will have to forfeit their motor vehicle and their license plates will be impounded.The administrative penalties for people with two drunk driving offenses are based on their blood alcohol concentration. For those with a BAC of less than 0.16, they may choose between an ignition interlock device installed on their vehicles and a restricted license for one year, or a total loss of driving privileges for that timeframe. A BAC of 0.16 or over merits the same choices but extends the timeframe to two years.
As an experienced MN DWI Lawyer, I have observed individuals who have three DWI convictions have their driver's licenses cancelled because they have been deemed “inimical to public safety.” To get back to driving, these people often have to enroll in a treatment facility. And ... they will have one year of a limited license with the use of an ignition interlock. After treatment completion, they will have two years of an ignition interlock with a restricted license.
If you or someone you love needs help with another DWI charge, please call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165
Minnesota's DWI Laws are some of the toughest in the nation. And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.
BTW, this dog was NOT arrested for a DWI. But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.
Mandatory MN DWI Sentences
If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.
One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail. It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM).
Here are the "mandatory" sentences the courts are require to impose for repeat offenders:
Second Offense In a Ten Year Period: A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.
Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.
Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions. Call today to set up your fee consultation: (612) 234-1165
A domestic assault charge is very serious because of the consequences - in court and out --- before court and after -
that can occur.
If you or someone you love has been charged with domestic violence, the possible consequences
can include jail time, fines, anger management, probation, and an
order for protection --- that prevents contact with the
victim and any minor children.
What Should You Do?
First, it can't hurt to talk to a qualified and aggressive Minneapolis Criminal Defense Attorney to get answers about how to secure a good result in the case.
All too often, domestic
violence claims are the result of a divorce, retaliation, custody
battles, and other personal matters. While law enforcement in Minnesota
aggressively pursues domestic violence claims --- my experience (both as a prosecutor and a defense lawyer) has shown me that these are tough cases to prove and that sometimes allegations are false. Shoot, even when a claim has merit, that does not mean that someone will be convicted. There may be facts in each case that do
not warrant the huge penalties and/or for a parent to be separated from
family by way of an order for protection.
Fighting Domestic Violence Claims
Domestic violence penalties in the State of Minnesota are serious.
In addition to fine, jail, and probation ... a person’s right to own or purchase firearms can be effected as well.
In addition to
the domestic violence accusation itself --- which could lead to criminal charges --- there is also the chance someone can use that situation to gain an order for
protection. The complaining witness can acquire this order just with her/his
claim.
Don't Screw Around
The
moment the charges are filed, it is very important to call an experienced Twin Cities Criminal Defense Attorney. For, as I have told 1000s of clients, just because there is
an accusation doesn’t mean that conviction will follow. And, just because the case may seem confusing and difficult
doesn’t mean that there is no hope for a more an acceptable outcome. With
the right attorney --- you can get the right advice,
guidance, and support ... so that you can keep this situation from getting any more complicated.
Domestic
Assault is a serious accusation. If you are facing such a charge, it is important to seek representation that you can count on. To learn more about your rights and
options, call The Rolloff Law Office at (612) 234-1165 to schedule
a free consultation.
When a someone has been convicted of a criminal offense attempts to put their past behind him/her ... to move
forward with their life ... often they are reminded of their poor decisions because of a criminal record.
A past conviction could have the effect of harming one;s ability to secure employment or pursue educational opportunities. Some
states, including Minnesota, allow some offenders to have their records
expunged. Do you want to put your past --- in the past --- then contact an experienced Minnesota Criminal Defense Attorney and see if you qualify for an expungement.
What's an Expungement?
Expungement is the
process of going to court to ask a judge to seal a court record. When a
record it sealed ... it cannot be made known to the public and it generally stays off of any background checks.
What Kinds of Cases Can Be Expunged?
What Types of Cases that Could Be Expunged?
The
laws in Minnesota changed at the beginning of
2015, allowing a judge to seal more criminal records and convictions.
This law also allows the court to order other governmental agencies to seal their records. However, not all cases can be expunged.
According to Minnesota Statute 609A.02, a person
could seek record expungement if:
- All pending actions or proceedings were resolved in favor of the petitioner;
- The
petitioner has successfully completed the terms of a diversion program
and has not been charged with a new crime for at least one year since
completion of the diversion program;
- The petitioner was convicted of
or received a stayed sentence for a petty misdemeanor or misdemeanor and
has not been convicted of a new crime for at least two years;
- The
petitioner was convicted of or received a stayed sentence for a gross
misdemeanor and has not been convicted of a new crime for at least four
years; and/or
- The petitioner was convicted of or received a stayed sentence
for a certain felony violation and has not been convicted of a new crime
for at least five years
According to the new law, some of the
felony violations could include a controlled substance in the fifth
degree, sale of a simulated controlled substance, unlawful acts
involving liquor, contempt, failure to appear in court and receiving
stolen goods.
If a person has been charged with a certain
controlled substance offense and the proceedings have been dismissed, he
or she could petition to have all records relating to the arrest,
indictment, trial and dismissal sealed.
Juvenile Records?
If a juvenile has been
prosecuted as an adult in Minnesota, he or she could petition to have
the criminal record sealed if he or she is finally discharged by the
commissioner of corrections or if he or she has been placed on probation
by the court and discharged from probation after completed the
requirements.
Domestic Assault?
Under state law, a person charged with a domestic
violence offense, such as felony assault by strangulation, would not be
allowed to have the record sealed. Additionally, crimes that require
registration also would not be able to be expunged. This includes
murder, kidnapping and criminal sexual conduct, according to Minnesota
Statute 243.166.
J.M. Rolloff is a skilled Hennepin County Expungement Attorney who can help you
determine if your criminal record is eligible to be sealed. The process
of sealing a criminal record can be complex and often quite lengthy.
Having a former prosecutor who is experienced on both sides of the law
can be beneficial to your expungement. Call The Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165
Unlike a trip to your favorite restaurant, you are unlikely to find - when visiting an attorney - a flat rate for his services based just on the alleged crime committed. Instead, as an experienced Apple Valley Criminal Defense Attorney, when I determine a total cost I lok at a number of factors.
Why Do You Charge What You Charge?
Some common considerations --- that go into determining how much money you can expect to spend on your legal services include:
1. Your Case (Type/Level of Offense)
The largest factor in determining the cost of my services depends on exactly what you’re asking me to do. For example, hiring an attorney to get you out of an assault charge is going to cost more than paying him to get you out of a traffic ticket. Another big factor is how much time I/we will need to spend reviewing, preparing and fighting your case. Again ... I'm not going to need a whole lot of time getting up to speed on a Driving After Revocation ticket; however, something like a DWI or a felony controlled substance crime charge --- that will often involve a lot more work.
When we meet --- and I know what you want/need me to do --- and what I can do --- I should be able to give you an idea of how much time I'll need to get you that result at the initial, free consultation.
2. Experience
Often ... the more experienced an attorney is, the more money he is apt to charge you. (And, going to an inexperienced may save you money at the outset, but if they can’t secure an outcome - that considers not only the short term consequences ... but, also looks at where you might be five-years down the road - you might end up paying more or getting a worse sentence in the end.
As a former prosecutor, I saw many people overcharged and under-served. I try to be fair ... because I know that not everyone has a ton of money to thrown at situations like this.
In the final analysis ... money (although an important consideration,) should not be the only metric you use to gauge who might be the right lawyer for you. Call or set up a FREE CONSULTATION with the Rolloff Law Office today. I'll explain what I can do, and how affordable it can be. Call: (612) 234-1165.
The Rolloff Law Office is a different kind of defense firm.
We get big city results with small town customer service. We know our clients by name, not by file number. As a Minneapolis-based criminal defense law firm, our primary goal is exceptionally serving the client at an affordable cost. Our representation ranges from crisis management, situation damage control, criminal pre-charge representation during investigatory phases, and defense representation of criminal charges in state and federal courts. Minneapolis criminal defense lawyer Christopher Keyser was named a Super Lawyer Rising Star, a Top 100 Trial Lawyer, and has a Superb rating on Avvo.com. We provide representation for every type of Minnesota criminal matter including:ArsonAssault and BatteryResidential BurglaryCriminal Sexual Conduct / Sex CrimesCriminal Vehicular OperationCriminal Vehicular HomicideDisorderly ConductDomestic AssaultDrug CrimesDWI / DUI DefenseFourth Degree DWIThird Degree DWISecond Degree DWIFelony First Degree DWICareless DrivingDWI Test RefusalExpungementFederal CrimesFeloniesFraudJail and Detox ReleaseJuvenile CrimesKidnappingMilitary DefenseMurder and HomicideProbation ViolationsShoplifting / Retail TheftSimple RobberyAggravated RobberyProstitutionSolitcitationTheftWeapons CrimesWhite Collar CrimesCriminal Defense StrategiesOur approach to fighting Minnesota criminal charges is simple but effective. We don’t bring gimmicks or tricks to court – only hard work, persistence, and aggressive advocacy. In every criminal defense case, we follow the same rules and principles:Client Consultation. We want to meet you and hear how we can help. Every criminal defense case is important, whether a misdemeanor or serious felony. We listen to your story and then educate you on both the good and bad aspects of your case under Minnesota law. We’re up front and tell it to you straight.Review the Evidence. Before any decisions can be made in your case, you need to see the evidence against you – and so do we. Any evidence we obtain from the prosecution is given to you, and any defense motions or letters drafted in your case are copied to you. We provide full transparency so you are fully informed every step of the way.Create a Criminal Defense Strategy. Should you negotiate a plea deal or go to trial? Jury trial or bench trial? This depends on the evidence against you, any criminal history you may have, and the specific facts of the case. The best defense plan may include using private investigators, obtaining expert witnesses, or consulting with other professionals to make the best decisions. Either way, we’ll explore all options.Execute the Criminal Defense Strategy. We work with our clients as a team. Together we will decide the best direction for your case and work to achieve the goals we create. If the evidence against you is strong, working with the prosecutor to obtain a reduced charge, avoid jail or prison, and minimize probation conditions may be the best plan. If the evidence against you is weak, aggressively pushing the case to trial may be the best option. Either way we have the respected relationships with prosecutors, the experience, and the reputation to win.Choosing the Right Criminal Defense AttorneyOur goal is to obtain the best possible outcome for your case, whether that means avoiding jail or prison, getting a reduced sentence, or avoiding a criminal conviction on your record. Like most law firms, we like to win and we win a lot. Every person is entitled to the best representation. We offer competitive rates and reduced fees for military veterans and servicemembers. Our criminal defense cases are handled on a flat fee basis, meaning we do not bill hourly for our services. To learn more about how we can help, call our offfice at (612) 338-5007 for a free case evaluation.
Since Minnesota's Expungement law was changed - effective January 1, 2015, I have answered a lot of questions. Here is one of the most common:
Do I Qualify for an Expungement (under the new law?)
Whether you qualify
depends on your particular case. As such, you should speak to an experienced Minnesota Criminal Defense Attorney.
As you may be aware, the new law will allow you to seek expungement of both judicial branch and executive branch records --- in the following case types:
Misdemeanors:
A
conviction or stayed sentence for a petty misdemeanor or misdemeanor so
long as you have not been convicted of a new crime for at least two
years since discharge of the sentence for the crime.
Gross Misdemeanors
A
conviction or stayed sentence for a gross misdemeanor --- so long as you
have not been convicted of a new crime for at least four years since
discharge of the sentence.
Felony
A
conviction or stayed sentence for a felony listed in the new law, so
long as you have not been convicted of a new crime for at least five
years since discharge of the sentence for the crime. Some of the
felonies listed as eligible for expungement under the new law are:
- Certain felony theft offenses;
- Receiving stolen goods;
- Dishonored check over $500;
- Criminal damage to property;
- Financial transaction card fraud;
- Computer theft; and
- Certain forgery offenses.
Alas, under only certain of circumstances will the following offenses be allowed to be expunged within the above-described time limits:
- Domestic abuse or sexual assault;
- Violation of an order for protection;
- Violation of a harassment restraining order;
- Stalking; or
- Violation of a domestic abuse no contact order (“DANCO”)
This is due in large part to the fact that prior convictrions can be used against you to enhance/increase future penalties --- would that you were to face similar charges in the future. The same can be said for Driving Under the Influence offenses.
Questons about an Expungement, please fee free to contact the Rolloff Law Office (612) 234-1165 to discuss petitioning the court to seal your records.
On
May 14, 2014, Governor Dayton signed into law important
changes to laws governing the sealing and/or expungement of criminal records in the State of Minnesota
Prior
to the new law, in most cases, the Court was not allowed to
expunge executive branch records. The new law fixes this problem and
allows Courts to order executive branch agencies to seal their records.
Executive branch agencies include:
- The Bureau of Criminal Apprehension (“BCA”);
- The Minnesota Department of Human Services (“DHS”);
- The Minnesota Department of Health (“MDH”);
- Police departments;
- City and county attorneys’ offices;
- The Attorney General’s Office;
- The Board of Teaching; and
- County Sheriff’s offices.
Is this the chance you have been waiting for - to put you past in the past? If so, contact an experienced Minnesota Criminal Defense Attorney to begin the process of expunging your record.
The Benefits of an Expungement
The
new law provides meaningful relief to individuals because the Court is
able to seal both judicial and executive branch records. This means individuals now have a chance to seal all records held by any agency.
As some of you might already be well-aware --- employers
and landlords frequently investigate an applicant’s criminal background
as part of the hiring/leasing process. And ... sadly ... individuals with criminal
histories may be rejected from employment or housing because of the
existence of these records, even if a charge was dismissed or the
individual is rehabilitated.
When a Court orders that criminal records
are to be sealed/expunged, it means that all of the records are sealed from public access.
If a
Court Orders expungement of records held by the judicial branch, it
means that the individual’s criminal record cannot be viewed or accessed
through the state court website or at the Courthouse. If a Court
Orders expungement of records held by the executive branch, it means
that the individual’s criminal record generally cannot be viewed or
accessed at any of the above-listed agencies, so long as the expungement
Order is directed to that particular agency.
Gain this result and an individual with a
criminal background will likely face fewer obstacles toobtaining
employment and/or housing if both executive branch and judicial branch
records are expunged.
Contact The Rolloff Law Office at (612) 234-1165 to discuss petitioning for the expungement/sealing of your court record.
When a collision occurs and the person responsible leaves the scene of that accident intentionally, the act is referred to as a “hit and run.”
If you are involved in an accident and there is property damage, bodily harm, or the death of another person is caused, it is your responsibility to stop your vehicle while at the accident scene. You must then provide the property owner or other driver your insurance information, contact information, and your driver’s license information. If you do not do this and flee the scene, then you could be charged with a serious traffic offense.
The truth is, this simple charge can have quite a major number of consequences when background checks are performed on you.
What Should You Do?
Depending on the allegations ... you could face anywhere from a misdemeanor to a felony charge. You could also face a fine and/or serious jail/prison time. The concern of law enforcement tends to be the fact that they believe there is another criminal act that led to the accident, such as drinking and driving or fleeing the scene of another incident. This can result in the case receiving a lot more scrutiny.
As an experienced Minnesota Criminal Defense Attorney, I have defend clients accused of the following types of hit and run accidents:
- Pedestrian hit and run
- Vehicle hit and run
- Bicycle hit and run
- Property hit and run
If you or someone you love is accused of colliding with anyone or anything, there can be consequences. The type of accident is what will determine the exact consequences.
Consequences
If you are convicted, you might face probation and fines, as well as possible restitution to the property owner. You could also see action being taken ... to take away your driver's license.
My goal, in every case, as you your Minneapolis Criminal Defense Lawyer is to have as many of those charges dismissed or reduced as possible.
There are some cases in which these charges are dismissed, such as in cases of mistaken identity.
Regardless of innocence or guilt, you can expect your attorney to thoroughly investigate the events and make sure that you receive the best result possible in the case. The better the result, the sooner you can move on with your life.
Whether there is merit to the charges or there is none at all, it is important that you secure the best possible criminal defense so that you can receive the best result in your case. To learn more about how the Rolloff Law Office can help you, call (612) 234-1165 to schedule a free consultation.
If the right requirements are met, there are some crimes that many crimes that can be
expunged. Although the law changed in 2015, sealing your record isn't guaranteed. In all reality, an individual must have a
very good reason to have a charge/convictionexpunged, such as the negative
impact the criminal record is having on that person’s life. For
instance, an individual may have difficulty finding a job or finding a
place to live. If you need to know more, you should strongly consider consulting an experienced Minnesota Expungment Attorney.
Crimes That Can Be Expunged
A judge uses the law (and their own discretion) when a person requests to have a conviction
wiped off of their record so they can apply for a specific job or find a
place to live.
Some of the crimes that can be expunged include:
- Assault
- Felony or misdemeanor theft
- Disorderly conduct
- Obstruction of justice
The
expungement process is a complicated one and that’s why you need a
Minneapolis Criminal Defense Attorney to help you. A lawyer knows how to navigate the process when all you want to do is move on
with your life toward a better future.
Why Seek an Expungement?
The
reason why you want to go for expungement is due to the impact a criminal record has on you - now and in the future. Criminal records are
maintained at the city, county, and state levels. They document the type
of crime, when the crime occurred, details of the charges, the court
where the case was heard, and sentencing detail. The records become
public record, so employers, landlords, and anyone who needs to conduct a
background check on you can access them.
When your Dakota County Criminal Defense Attorney is able to have your record expunged, it does
not show up on these background checks. It is not completely erased in
case it does need to be accessed by law enforcement, but there is no
interference with you finding a good job, renting an apartment,
or going to the school of your choice. The short-term and long-term
advantages of expungement make undergoing the process worth it. Even the
legal cost is minimal compared to the earnings you will receive by
being able to work within a career that pays you what you are worth
rather than working in one that pays you pennies because of a criminal
record.
If
you have been convicted of a crime and you know or believe that you
qualify for expungement, The Rolloff Law Office can help you determine your
eligibility and can help you meet that goal if you are. An expungement can
help you start over and move on with your life toward a brighter future.
To find out more about what can be done for you and what your rights
and options are, call (612) 234-1165
