Minnesota School Bus Stop Arm Violation (Explained)

 

When a school bus is stopped on a street or highway and displays an extended stop-signal arm and flashing red lights, the driver of a vehicle approaching the bus must stop the vehicle at least 20 feet away from the bus. Failure to do so may result in a passing a stopped bus charge.  If you have been cited for violation Minnesota Statute 169.444 ... then you should contact an experienced Minnesota Criminal Defense Attorney. 

It is also a crime for a person to pass or attempt to pass a school bus in a motor vehicle on the right-hand passenger side of the door when the bus is displaying the pre-warning flashing signals.

Passing a Stopped School Bus Consequences

In the State of Minnesota, someone convicted of failing to stop a vehicle while a school bus has its stop-arm extended is guilty of a misdemeanor. 

However, a person may also be charged with a gross-misdemeanor if they fail to stop their motor vehicle and commit one or both of the following:

• Passing or attempting to pass the school bus on the right-hand passenger-door side of the bus; and/or
• Passing or attempting to pass the school bus in a motor vehicle when a child is outside of and on the street used by the school bus or on the adjacent sidewalk.

Driver’s License Sanctions

Depending on the circumstances surrounding the offense, a passing a stopped school bus conviction can lead to a driver’s license suspension or revocation.



 

Illegally passing a school bus is a serious offense with severe consequences. Having an experienced attorney is therefore essential to ensure that your rights are protected throughout the legal process. Call the Rolloff Law Office to get more information about what you can/should do ... so as not to make things any worse.  FREE CONSULTATIONS: (612) 234-1165

What is Minnesota Gross Misdemeanor?

As an experienced Minnesota Criminal Defense Attorney, I get lots of questions.  Here's a common one:

What is a Gross Misdemeanor?

Under the laws of the State of Minnesota, a gross misdemeanor is a category of criminal offense that is punishable by a fine of up to $3,000 and/or one year in jail. 

Gross misdemeanors are considered more serious than misdemeanor offenses, but they are not as serious as felonies. If you have been charged with a gross misdemeanor, it is your right to secure the services of a highly qualified Minnesota Criminal Defense Lawyer. 

Although a gross misdemeanor may not seem serious, the consequences of a conviction can follow you for the rest of your life. By fighting the charges, you may be able to minimize – or in some cases, completely avoid – the consequences.

A List of Gross Misdemeanor Offenses

• Repeat assault offenses
• Refusal to Submit to Testing
• Some DWI offenses (such as repeat violations or high alcohol readings)
• Certain other traffic violations
• Fifth Degree Criminal Sexual Conduct
• Interference With a 911 Call
• Prostitution and some other sex crimes. 

When you hire an experienced Minnesota criminal defense attorney, you will receive the guidance that you need throughout the legal process. The Rolloff Law Office has helped many individuals throughout Minnesota with defending against gross misdemeanor charges.  A conviction can lead to fines and jail time. The judge may also order counseling, house arrest, restitution or community service. This is in addition to the conviction that is present on your criminal record, which can be seen by potential landlords or employers, financial institutions, or anyone else who might be curious. Even a non-felony theft conviction can cause you problems in the long-term, putting your future at risk. Your attorney will help you by giving you the comprehensive legal help that you need to get the best result in your case.

Call today, for a FREE CONSULTATION: (612) 234-1165

How to Beat a Minnesota Speeding Ticket (Explained)

You just got a ticket ... and you can't have it go on your record, right?  An experienced Minnesota Traffic Ticket Lawyer an help you with that.

Defenses to a Speeding Ticket

There are many potential defenses to a speeding charge. Most people who get speeding tickets have a clean record over the previous five years.  

This is favorable.  

A person with a clean record has a better chance of getting an outcome such as a suspension of prosecution or stay of adjudication --- the kind of result that should keep their driving record clean,  Granted, it will come at a cost ... but it should actually save you money in the long run - see: increased insurance costs. 

The number-one non-lawyer mistake I have observed over my life as a Minnesota Criminal Defense Attorney is to focus on defenses rather than  the desired outcome.  

Keep your eye on the prize. 

Justice is not perfect in our imperfect world.  The laws are enforced and administered by humans.  If you are wrongly accused of a traffic offense, despite the B.S. of being falsely accused, it may be better to be willing to pay to keep the ticket off of your record - even if you are innocent.  That said, here is some discussion of defenses.

1.  Reasonable and Prudent.  Even if you were over the posted on the highway, was the speed reasonable and prudent? Intent can play a role here as well.  Relevant factors could include road conditions, traffic conditions, incline, mechanical issues, etc.

2.  Passing.

3.  Identity. Can the state prove that your vehicle was the one that was actually speeding?

4.  Excuse defenses.  Example: How about the person driving a heart attack victim, or woman in labor, to the emergency room?

5.  Evidentiary issues.  Can the government offer sufficent foundation or its speed evidence - ie., documents showing that the radar or laser/lidar was in fact working?  

6.  Impossibility.  Can a state trooper in a helicopter (with a stop watch) really assert that a motorcyclist was traveling significantly faster than the maximum top speed for that motorcycle?

I'm a former prosecutor who has participated in hundreds of Traffic Citation trials --- on one side or the other.  (I've even picked up a few tickets myself.)  Let me put my inside knowledge to work for you.  Call The Rolloff Law Office for a FREE CONSULTATION.  (612) 234-1165. 

What Will Happen in Court (Explained)

I understand that the optimal result for anyone charged with a crime is to see it dismissed or in the alternative to have a judge or jury find them not guilty.  However, there are those times - whether it's that the State's case is a strong one or a client just wishes to not have a trial  and to be done with the whole affair - that I am tasked with answering one of the most difficult questions an experienced Minnesota Defense Attorney has to hear: "If I (have to) plead guilty - is there anything that can be done to lessen how that will look on my record?"

How Do I Plead Guilty?

As a former prosecutor and as an experienced Minnesota Criminal Defense Attorney, I know that proper representation can have a huge impact on limiting the impact that a "guilty" plea will have on an individual's record.  Believe it or not, there are a number of alternative dispositions (short of a plea of a straight-up "guilty" plea) that are used to conclude cases everyday in courts throughout the state.  Some of these options include:

I.   Certification of an Offense as a Petty Misdemeanor 

The answer to the question: when is a crime not a crime - is when that crime/offense is charged as and/or reduced to a Petty Misdemeanor. According to statute,  petty offenses do not constitute crimes.  Therefore, if say the Misdemeanor you were initially charged with is later reduced to a Petty Misdemeanor - at any date in the future if you are ever asked if you have been convicted of a criminal offense - as it concerns that offense - you can truthfully answer "no."

II.   Stay of Adjudication

Under a stay of adjudication, an individual admits to facts in court that would support a conviction; however, instead of accepting the plea, a judge (after an agrrement has been reached with the government) withholds a finding of guilt, for a period of time, usually on the condition that that individual do (or do not do) certain things.  If you sufficiently comply with those conditions, the matter will ultimately be dismissed and the plea will be vacated.

III.   Continuance for Dismissal (and/or Without a Plea)

This outcome is similar in form to a Stay of Adjudication - insofar as the ultimate result could end up being a dismissal; however, instead of setting forth facts that would support a conviction, the government usually agrees to end its prosecution after a certain period of time - provided that the offender pays some prosecution/court costs and/or is not charged with any same or similar type offenses before that time period expires.

IV.   Stay of Imposition: 

For more serious offenses, like Felonies, an individual may plead guilty (or even be found to be guilty;) however, instead of sentencing him/her on said Felony - judges can stay imposition of the sentence for a period of time on certain terms and conditions. If the individual complies with those terms, their Felony "conviction" could ultimately be reduced to/designated a Misdemeanor.  As such, all the collateral consequences that go along with a Felony conviction should not be a factor in your life going forward.

V.   Diversionary Programs

Certain cities and counties have programs in place that allow individuals to avoid a conviction if they agree to participate and comply with the terms of these classes. An example would be if someone successfully completed traffic school - a moving violation would be dismissed.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

How to Keep a Speeding Ticket Off of Your Record

I get it --- If you can --- keep speeding tickets (heck - ANY tickets) off of your driving record, right?  Why? ... Well, we all know that your insurance company will use them as an excuse to send your rates through the roof. 

How to Keep a Ticket Off of Your Record

In Minnesota, there are a couple of different ways to do this ... with or without an experienced Minnesota Criminal Defense Attorney.  

The easiest is to request court supervision. Some Minnesota courts may allow you to use this option.  This means negotiating a resolution whereby --- as long as you get no new tickets the conviction won't show up on your record. In order to do this, you must do three things: (1) obtain an agreement from the DA, (2) pay the "fine" they assess, and (3) make sure that you get no new tickets of a same or similar nature.

The other way of "beating" a Minnesota Traffic Ticket is far less reliable: pleading guilty and trying to defend yourself against the charge. If you try to do this, it's important to make sure you have a valid defense-otherwise, you are wasting your breath. To help motorists examine the strength of their defensive strategy, the court's even provide a list of defense that will not be accepted:

• "The sun was in my eyes."
• "I was keeping up with the flow of traffic."
• "My speedometer was broken."
• "I did not see the sign." (Unacceptable unless the sign was not placed in accordance with state standards.)
• "I was unfamiliar with the neighborhood and was lost." 

In fact, if you choose to plead innocent, you may be better of using the services of a Minnesota Traffic Ticket Lawyer. Such a person is much better prepared to argue your case than you could ever be. Lawyers know which defenses are likely the work and which won’t, and they have a better knowledge of the ins and outs of the court system than most people do. 

If you have ANY questions about what a lawyer can do for you - call The Rolloff Law Office to set up a FREE consultation.  Call (612) 234-1165.

Minnesota Drug Possession (Explained)

Possession of drugs is a serious crime, regardless of how much or how little you are caught with. However, as a Minnesota Criminal Defense Attorney, I know the ways to get out of this. 

Possession of drugs can either be considered a felony or a gross misdemeanor offense depending on the amount in your possession and the circumstances surrounding the arrest. All drug crimes are tried in a separate Minnesota court and follow a different set of rules. It is important that you seek legal advice from an experienced Minneapolis drug crime attorney as soon as you are arrested or accused of any drug possession crime.

POSSESSION OF DRUG CRIMES (Explained)

Here's a list of the possible charges the accused might face:

• Possession of narcotics with the intent to sell
• Possession of marijuana
• Possession of narcotics
• Possession of marijuana with the intent to sell
• Possession of certain chemicals with the intent to manufacturer
• Possession of drug paraphernalia

The penalty one could incur depends on a number of factors including how much drugs he/she had had in their possession, what was the intent of having this drug and what drug(s) were they actually caught with. One's criminal record may also play a role in their punishment. If someone has been convicted of any drug crime in the past, then he/she could be looking at more severe penalties this time around.  Penalties for drug crimes include fines and fees, community service, drug rehabilitation in some instances and jail/prison time.

Those under the age of 18 can also be charged with drug possession under the Minnesota law. This would be considered a juvenile crime and tried in a separate court of law. However, a juvenile can still face fines, probation, and detention time and community service for possession of drugs.

What Should You do?

Even the tiniest joint or minuscule traces of cocaine can end up on your permanent record. Furthermore, if you are found in possession of scales, a pipe or plastic baggies, you could also be arrested for possession of drug paraphernalia. The more drugs found in your possession, the worse your punishment will be, especially if there are suspicions that you were planning on selling the drugs. Possession of drugs for personal use is considered a lot less severe than possession of drugs with the intent to distribute. However, a crime is still a crime and will end up on your permanent record if convicted.

It is important to understand that just because you have been arrested for drug possession does not automatically make you a convicted criminal, or a bad person. There are a number of defense strategies to take when faced with a possession drug crime. If the drugs are not clearly in your possession (in your pocket), then there may be a case for mistaken identity. You could plead that the drugs found in your car or house were not yours. If the drugs were discovered during an illegal search and seizure that violated your right to privacy, then the evidence collected cannot be used against you.  Our firm will assess your case, gather evidence, consult with experts and determine the best defense tactics to take for your situation.

Don’t let one mistake ruin the rest of your life. The Rolloff Law Office is there when you need us most. It is important to act fast when facing an arrest and criminal conviction. I  can provide you with the aggressive representation and legal assistance you need to ensure the best outcome possible. Contact me today at (612) 234-1165.

Minnesota Drug Possession Charges (Explained)

Possession of drugs in the State of Minnesota is a serious crime, regardless of how much or how little you are caught with. However, there are ways to beat these charges.

Possession of Drug Crimes


If you are charged with possession of drugs - you can either be facing a felony or a gross misdemeanor complaint depending on the amount in your possession and the circumstances surrounding the arrest. 


All drug crimes are tried in a separate Minnesota court and follow a different set of rules. It is important that you seek legal advice from an experienced Minnesota Criminal Defense Attorney as soon as you are arrested or accused of any drug possession crime.


Examples of charges:

• Possession of narcotics with the intent to sell
• Possession of marijuana
• Possession of narcotics
• Possession of marijuana with the intent to sell
• Possession of certain chemicals with the intent to manufacturer
• Possession of drug paraphernalia

What Are the Consequences?

Your penalty will depend of a number of factors including how much drugs you had in your possession, what was the intent of having this drug and what drugs were you caught with. Your criminal record may also play a role in your punishment. If you have been convicted of any drug crime in the past, then you could be looking at more severe penalties this time around.  Penalties for drug crimes include fines and fees, community service, drug rehabilitation in some instances and jail time.

Defenses


Even the tiniest joint or minute traces of cocaine or methamphetamine can end up on your permanent record. Furthermore, if you are found in possession of scales, a pipe or plastic baggies, you could also be arrested for possession of drug paraphernalia. The more drugs found in your possession, the worse your punishment will be, especially if there are suspicions that you were planning on selling the drugs. Possession of drugs for personal use is considered a lot less severe than possession of drugs with the intent to distribute. However, a crime is still a crime and will end up on your permanent record if convicted.

It is important to understand that just because you have been arrested for drug possession does not automatically make you a convicted criminal, or a bad person. There are a number of defense strategies to take when faced with a possession drug crime. If the drugs are not clearly in your possession (in your pocket), then there may be a case for mistaken identity. You could plead that the drugs found in your car or house were not yours. If the drugs were discovered during an illegal search and seizure that violated your right to privacy, then the evidence collected cannot be used against you.  The Rolloff Law Office will assess your case, gather evidence, consult with experts and determine the best defense tactics to take for your situation.

What You Should Do Next

Don’t let one mistake ruin the rest of your life. The Rolloff Law Office is there when you need us most. It is important to act fast when facing an arrest and criminal conviction. Let me put my experience as a former prosecutor to work for you to provide an aggressive representation and the legal assistance you need to ensure the best outcome possible for your case. Call today to set up a FREE consultation: (612) 234-1165.

Minnesota Traffic Tickets (Explained)

In many instances, a traffic infraction will result in a ticket and a mark on your driving record. All to many individuals will simply pay the ticket and forget about the implications. However, the reality is that every traffic violation you commit can result in more than just a note on your driving record. You are also looking at higher insurance fees - on top of the fines and penalties. Additionally, traffic violations can add up to misdemeanor (and even gross misdemeanor) offenses. You may not only be looking at a poor driving record but also heavy fines, jail time, license revocation, vehicle impoundment and anger management classes.

As a Minnesota Criminal Defense Attorney, I'm asked on a daily basis about what to do about tickets.  Here are some ideas and suggestions:

SPEEDING AND RECKLESS DRIVING ARRESTS

Speed limit violations, speeding in a construction zone or school zone, reckless driving, erratic lane changes and "road rage" can all be classified as traffic violations. You will most likely be handed a ticket by the arresting officer. In some instances, you may be ordered to attend anger management courses or you may lose your license. It is possible to fight these charges, especially if the ticket was given on unjust grounds.

HIT AND RUN VIOLATIONS


Hit and run violations can be classified as a felony offense in certain instances which is why it is imperative to seek legal counsel as soon as you are accused of being involved in a hit and run case. If you are accused of a hit and run, you are innocent until enough evidence has been collected to prove you are guilty.  (Beware - if you're found guilty you can have your license taken away.)

DRIVING WITHOUT A LICENSE VIOLATIONS


If your license has been revoked or suspended or if you are caught driving without adequate insurance, then you will most likely lose your license for even longer and be facing further penalties and fines. It is possible to fight back against these convictions with the right legal defense.  (Even if you're "guilty" - an experienced Minnesota Criminal Defense Attorney can help negotiate an outcome that preserves your driving privilege.)

Honestly, traffic violation cases can be a huge pain in the neck --- because who among us can afford to lose our license or have our vehicle impounded due to a few outstanding traffic violation tickets? This is why it is so important to fight back against traffic violations before they negatively impact your finances and your transportation freedom.  The Rolloff Law Office handles all manner of traffic violation cases, both inside and outside the court, and can provide you and your family with the aggressive representation, dedicated legal assistance and a sound defense that will make all the difference to your case.  Call today to set up a FREE consultation: (612) 234-1165.

Hiring a Minnesota Defense Lawyer (Explained)

If you've been arrested or charged with a crime, you need the immediate assistance of an experienced Minnesota Criminal Defense Lawyer. A good criminal defense lawyer can explain your rights in all stages of the criminal process and help make the difference between a reduced plea bargain or dismissal and a jail sentence.
What You Really Need to Know

Being charged with a crime -- whether major or minor -- is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case.

If you're facing criminal prosecution, a criminal defense attorney can help you understand (1) the nature of the charges filed; (2) any available defenses; (3) what plea bargains are likely to be offered; and (4) what is expected after trial or conviction.

What to Look for in a Criminal Defense Lawyer

Criminal defense attorneys handle a variety of criminal cases, including felonies, misdemeanors, drug charges, white collar crimes, and many other state and federal crimes. When looking for a criminal defense lawyer, you'll want to find the best one for your case. As such, you should concentrate on the lawyer's expertise, skill level, and knowledge.

A good criminal defense lawyer may help (1) reduce your criminal charge to a lesser offense (for example, reduce a felony to a misdemeanor); (2) lessen the severity of the punishment for the crime; and (3) reduce or eliminate jail time (via probation, for example); and (4) help you develop a sound defense strategy.

Also, because of the nature of what's at stake, it's important that the attorney you hire has the necessary skill level needed to defend the case, and is the one who actually conducts most of the work. For instance, you may need someone familiar with crime scene investigations, witness/victim/police interviewing, and/or extensive knowledge of polygraphs, sketches, photographs, and video.

Finally, because criminal laws and penalties vary by state, it's important that the attorney have experience with the state and local rules of court.

How to Find a Criminal Defense Lawyer

There are numerous ways to find a criminal defense lawyer. Referrals from friends and family or online research may be a good start. However, in many instances, a person facing criminal charges may not wish to publicize the news of his or her arrest to extended family members and friends or may not have unlimited time to research online. As such, you may wish to find a local criminal defense lawyer using one of several quality-assured lawyer directories, such as FindLaw, devoted to connecting you to an experienced criminal defense lawyer in your area.

Questions to Ask a Criminal Defense Lawyer

Before selecting a criminal defense lawyer, you should feel comfortable enough speaking with him or her concerning all aspects of your criminal charge. Below are some of the questions you should ask:

• Do you have any experience handling cases similar to mine?
• How much of my criminal case will you actually handle?
• How many jury trials have you litigated?
• How often do you work out plea agreements or ask for a lesser charge?
• What are your attorney's fees, and how are they calculated? Do you offer a payment plan?
• Would you be willing to provide references from clients you've helped?

Criminal Defense Lawyer Fees

The cost of hiring a criminal defense lawyer will vary depending on a number of factors, including the attorney's experience, reputation, track record, and geographical location. Most criminal defense attorneys bill their time either hourly, or by a flat fee arrangement. Depending on the fee arrangement, some attorneys may allow you to get on a payment plan to handle ongoing charges. Others may require an upfront retainer fee before working on the case. In all cases, it is wise to consult with a variety of criminal defense lawyers in your area to find one you feel comfortable with in representing you and get a sense of the cost involved in representing your case.

Try This?

You have questions - right?  Call and get FREE answers now - (612) 619-0262.  The Rolloff Law Office - if we can't help you - will set you off in the right direction.  Don't believe it - call and find out.

Minnesota DWI Court Process (Criminal Cases)

Minnesota Drunk Driving cases - once they end up in court - go down a couple of different roads.  If you are arrested for DWI, not only will you be subjected to the possibility of criminal consequences but in another proceeding (unrelated to the criminal charges) you'll also be faced with the dilemma of losing your driving privilege. 

Here, we'll cover the criminal case DWI process - in another post I'll describe the civil case process.  Of course, this is but a rough out line of what you could face - as each Minnesota DWI case is different.  If you've been arrested for Drunk Driving, your best bet is to speak with a Minnesota Criminal & DWI Attorney about your unique options.

Minnesota DWI Criminal Process
Throughout your case, you may be required to attend a number of court appearances. 

1. The Arraignment

This court appearance is the first court appearance scheduled when the crime being charged is a misdemeanor or lesser offense --- not a gross misdemeanor or felony.  Your presence at this appearance may or may not be required depending on the county and/or court in which you are being asked to appear. 

If you are charged with a misdemeanor DWI, you can often avoid appearing for this first court date by hiring an experienced Minnesota DWI Attorney.  If your appearance is necessary, this is simply an opportunity to either:  (a.) enter a plea of not guilty and schedule a pre-trial (explained below) or (b.) attempt to resolve your case either through dismissal of charges, plea negotiation or other available means. 

 2. Pre-Trial Hearing

This "2nd" appearance goes by a number of different names.  Generally speaking, your presence at this appearance is required. In short, this court appearance is simply to determine if the case can be resolved without the need for further court appearances. 

This appearance is an opportunity for your attorney to:  (a,) speak with the DA about the status of the case and possible resolutions; and/or (b.) arrange for the exchange of additional evidence; and/or (c.) schedule a Contested Probable Cause Hearing (explained below); and/or (d.) schedule the matter for Trial.  In any event, typically no evidence is presented at this hearing and no witnesses need be present.

 3. Contested Probably Cause Hearing

Again, your presence at this court hearing is often required.  At this hearing, your attorney will either:  (a.) request that the Court dismiss all or some of the criminal charges against you; and/or (b.) request that the Court not allow the prosecution to admit some or all of the evidence against you (which can sometimes lead to the dismissal of the charges referenced above). 

Normally, this court appearance will require the presence of any arresting officer or other persons who participated in gathering any evidence that would be offered by the opposing party against you.  On occasion, it may be necessary for your attorney to arrange to have witnesses (who can testify on your behalf) to participate at this court appearance.

4. Trial

Your presence at this court appearance is definitely required.  At this appearance, your case will either be resolved (discussed in general in the Arraignment section above) or continued to a trial.  You have a Constitutional right to have a trial before either (a.) a jury of your peers or (b.) a Judge In either event, you are presumed innocent unless and until the prosecution meets its burden in proving all the elements of the crime charged beyond a reasonable doubt.

5. Sentencing
Your presence at this court appearance is also required.  At this court appearance, the Judge will hand down your sentence (if you have plead guilty and/or have been convicted,) which may involve the stay of imposition of time in jail, fines and other conditions of which you must abide by during the term of your probation.  An experienced Minnesota DWI attorney may be able to negotiate an alternative to jail - such as treatment, Electronic Home Monitoring, release programs or community service.  If your case comes to this, we'll have an opportunity, prior to the sentencing, to discuss the possible outcomes.

Before any of what is set-forth above, if you have been arrested for a DWI, you owe it to yourself to speak to an attorney to learn what's in store for you.  Call the Rolloff Law Office today - at (612) 234-1165) - to speak to someone who knows what you'll need to know.  All initial consultations are FREE - so do it!

Minnesota Jury Trials (Explained)

As any experienced Minnesota Criminal Defense Attorney will tell you --- very few criminal cases ever proceed to trial.  The fact of the matter is either someone is clearly guilty of the offense and will settle to get a good deal. Or the government's case is so poor that they'll decide to dismiss or put such an appealing offer on the table that even an innocent party will feel compelled to take it, after weighing the "worst-case-scenario" outcome they could face if the prosecutor got lucky.  That being said, you know who else has "issues" about jury trials?   Judges do.  After more than a decade of working with them, I think I finally understand why.

1.

There are two main reasons judges dislike jury trials: When a lawyer becomes a judge, they are idealistic and proud to be in this noble system of justice. Yet, over time, they grow frustrated with results beyond their control. After presiding over thousands of cases, they start to develop an opinion about what is "right". While judges get to sentence people and tell lawyers what is right and wrong in Drunk Driving, Assault and  Theft cases that plead out, they have no control over the issue of guilt or innocence when a jury is involved.

I believe that (at some level) judges resent this loss of control and develop something of a complex. They like being in charge - and when a case's decision is up to a jury they become somewhat resentful because it denies them the control they crave. 

2.

The second reason? Calender control. The judge's calender is a delicate science - bordering on art. As our society erodes from the consequences of our moral promiscuity ... crime soars. This increase means that each judge is required to handle more cases. Adding many new cases a week, over time, creates an unmanageable docket. This time crunch could force judges to cut corners if they don't want to work around the clock -  and jury trials are time hogs

A judge can conduct a court trial, without a jury, in a third the time it takes to do a jury trial. There are many procedural steps a judge must ensure with a jury. Juries can't hear certain evidence. Juries must constantly be instructed on the law. The list goes on and on. Jury trials simply take a lot of time. In a world where judges don't have time, they look for ways to cut corners and be more efficient - even at the expense of defendants. Judges can do this in every area except jury trials. As such, jury trials become time hogs and judges may come to resent them.

What This Means to You.

The downside of this trend is that if a defendant forces his case to a jury trial, the judge could well hold it against that person at sentencing - if they lose. As an example, a case which might have settled for straight probation if concluded as part of a plea agreement, might cost the guilty defendant some jail, if not prison, after a jury trial. However, there is also a benefit to this judicial trend. Since judges hate jury trials, they are becoming more accepting of generous plea bargains. That is good for defendants.

What Should You Do?

If your case has the potential to go to trial, be smart and increase your chance of success by exercising your right to remain silent, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your future.

Minnesota DWI - FAQs

As a Minnesota Criminal Defense Attorney I get a lot of questions about DWIs.  Here are some of most frequent questions I field.

Will I go to jail?

Minnesota law includes jail time in all Drunk Driving convictions. A first-time, misdemeanor DWI, if you're convicted, could lead to a sentence of up to one-year in jail if the judge feels that is what you deserve. If you act quickly and contact the Rolloff Law Office, I can take action to defend you against jail time and other penalties.

Will I lose my driver's license?

A license revocation is automatic without even being charged with a DWI. If you choose to defend against charges, I can represent you at the licewnse revocation hearing to fight the revocation and defend your right to legally drive.

Should I just plead guilty to DWI?

Although many people do do that - what they come to learn is that their case could have been successfully defended.  Know thins the costs involved in a DWI conviction are much more than attorney's fees and fines.  There's the driver's license renewal fee, higher car insurance premiums, and even the loss of potential income because of employment opportunities that you mightbe excluded from.  Even if you decide to go it alone, you should get your case evaluated by a Minnesota DWI Attorney and discuss a defense and review the evidence against you for flaws.

What types of Drunk Driving charges does the Rolloff Law Office defend against?

I represent clients facing all types of DWI charges, including felony DWI, first time DWI, CDL DWI, DWI with injury, multiple DWIs, underage drink and driving, DWI-Drug Induced, leaving the scene of an accident, vehicular manslaughter, BWI, as well as drivers license restoration, and DWI appeals, among others.

How do I choose a DWI lawyer?

Look for training, experience, successful case results and someone that you know will focus on your case and not treat you like just another number. In order to successfully defend a Drunk Driving charge, it takes conviction and a full focus on your case. The Rolloff Law Office takes on cases fully committed to fighting for every possible advantage for our clients. Call today to schedule a free, on obligation consultation - (612) 234-1165.

Minnesota Theft Crimes (Explained)

Theft offenses can range from Shoplifting, which is a often cited as misdemeanor, all the way up to Aggravated Theft of Property, which is a felony.

Regardless of the charges you or someone you love may be facing pertaining to Theft, odds are you will need the services of an experienced Minnesota Criminal Defense Attorney who focuses his practice on these types of crimes to ensure that your rights are upheld and that your future isn't ruined.

What You Should Do?

If you are facing theft charges in Minnesota, I'd advise you to contact the Rolloff Law Office as soon as possible.  The quicker you have an attorney involved in the handling of your case, the more effective he can be and the better the results may be for the outcome of your case. I'm a former prosecutor who has worked dozens of these cases - from both sides of the aisle.  I am in a unique position to help you fight these charges and/or earn you the best possible outcome.  Call today to set up a FREE consultation: (612) 234-1165.

Why You Should Do That

Theft charges will follow if you take control of another's property or services with the purpose of trying to deprive them of it without their permission - through the use of force, deception, threat, or intimidation. The seriousness of the charges and the penalties these accusations carry will depend on the facts of your case, including the value of the goods, property, or services that was stolen. The charges will be elevated even further under specific circumstances, such as theft involving the elderly, disabled persons, theft of a firearm, or theft involving drugs.

In order to protect yourself in court and minimize the adverse consequences, it is in your best interests to consult with an experienced Minnesota Criminal Defense Attorney who has the knowledge and skills to aggressively defend you. against these charges.

Arrested For Minnesota DWI Over the Holidays? (What To Do Next.)

If you were one of the many who hit Minnesota's highways and by-ways this past weekend, you probably noticed the increased police presence as part of the government’s Drunk Driving enforcement efforts.

Unlike other times of the year, these sorts of concentrated efforts to ensure safety have certain side-effects - such as that police officers are in the mindset to make arrests and thus make a high number of false arrests.

False Drunk Driving Arrests in Minnesota


The Minnesota DWI Attorneys at the Rolloff Law Office have fought many Drunk Driving cases and demonstrated that bad equipment, improper lab work and under-trained/over-worked police officers are all common causes for these problematic arrests.

As a former prosecutor, I know a good case from a problematic one.  With  my "inside knowledge of the government's mind-set and schemes, I offer a rigorous and thorough defense to protect the rights of my clients to get them the best possible results.

The Next Best Step

If you are one of the many people who were charged with a Minnesota DWI over the holiday weekend act now by calling (612) 234-1165.

You are entitled to a free detailed consultation - call today and I will explain the charges against you, review the evidence and help you chart out a course of action.

The Rolloff Law Office has the knowledge, experience and dedication to fight your case to the finish.

Minnesota DWI Questions - Answered

With the upcoming holidays, they'll be the opportunity to eat, drink and be merry.  If you do a little too much of either, you could subject yourself to the possibility of a ticket or legal charges.  Before you get your "ho-ho-ho" on, here are some things that you might want to keep in mind.  These are some of the frequently asked questions I get, as a Minnesota Criminal Defense Attorney.

1. Will I be able to get my case dismissed because I was not read my rights?
   Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
2. Will I go to jail?
   An experienced Minnesota DWI Attorney may be able to keep you out.
3. I had three alcohol related driving offenses within the past ten-years, what's going to happen to me?  The "look back" period in the State of Minnesota is 10 years.  If you've been found guilty of DWI and/or loss your driver's license as the result of a drunk driving arrest (within the past 10 years) each of those old arrest can be used to enhance the new charge you're facing.  If this is your 4th such incident in the past 10 years - you're no looking at the possibility of being charged with a Felony.
4. Am I a bad person, because I was arrested for a MN DWI?
   No, but you are well advised to never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.
5. What if I burped within twenty minutes of blowing?
   The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.

What Should You Do?
My approach to handling my client's cases is informed by my previous experience prosecuting cases for the government.  That inside knowledge, of the government's schemes and motivations, has helped me win my clients the results they want --- not just what the State is willing to offer.  

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Fight Your Shoplifting / Retail Theft Charge in Minnesota!

Retail theft, also known as Shoplifting, can be a serious criminal charge under Minnesota's laws. Depending on the value of the items involved - one could face quite substantial consequences - including BIG fines and jail time. 

No matter the level of the charge, as an experienced Minnesota Criminal Defense Attorney, I feel as though it's my duty to inform you that ANY criminal charge (petty misdemeanor, misdemeanor or felony) must be taken seriously if you hope to avoid the harshest consequences now and in the future.

Why Hire a Lawyer for a Simple Shoplifting Charge?

I get asked this all the time, and even if you are only facing a citation (or petty misdemeanor offense charge) for Shoplifting - with the little to know consequences - you have to understand that this is still your one and only time to keep your record clean and avoid problems that could seriously affect your in the future.  Because, in this day of invasive background checks - it isn't really the penalty the judge is going to impose that you should worry about. Rather, it is what impact is something like this going to have on your future --- after the case is closed.

Any conviction for Shoplifting can remain on your criminal record forever, and could affect future employment opportunities, scholarships, apartment rentals, or any situation where someone might look into your past.

Not to mention that if it ever happens again, you'll be facing a 2nd offense charge and run the all too real risk of jail time. If that happens, you'll regret not taking every opportunity to have an experienced Minnesota Shoplifting Lawyer work for a dismissal and keep your record clean - the 1st time out.

How to Beat a Minnesota Shoplifting Charge

There are often excellent legal defenses against Shoplifting charges. A couple of areas ripe for consideration are: (a.) how the facts of your case apply to the statute, (b.) whether or not the government can prove that you intentionally attempted to steal anything, and (c.) what did the security personnel involved do right and wrong. 

If the case can't be "defended" as such - then I will explore the various opportunities available to individuals so as to reduce the charges or find some sort of alternative disposition for your case, short of you just pleading guilty.  

The important thing to bear in mind is that, even if you know you made a mistake, that doesn't mean you should be punished severely. You should still have an attorney looking out for your best interests.  Fin that someone who'll effectively argue for leniency and make sure a minor mistake doesn't have to follow you around for the rest of your life.

Doing the Next, Right Thing

I've worked cases like this from both sides of the aisle - formerly as a prosecutor and now as a Minnesota Criminal Defense Attorney.  My insight in to the government's schemes and motivations has helped me to win my clients favorable incomes.  Let me put that inside knowledge to work for you.  Call the Rolloff Law Office today to set up you free, no obligation consultation. 

Let's fight to preserve your rights - and future. 

Minnesota Property Seizures (Explained)

In addition to your freedom, your participation (true or not) in a crime could also result in the loss of your property. Investigations by the government can result in the forfeiture of your property, even if you are never charged with a committing crime.

According to the laws of the State of Minnesota, your property can be seized if:

• the seizure is incident to a lawful arrest or a lawful search;
• the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or
• the agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that: the property was used or is intended to be used in commission of a felony; or
• the property is dangerous to health or safety.

What This Means to You

Well, if you're driving your vehicle and are stopped for a felony-level Drunk Driving offense or a drug charge, law enforcement can seize it.  If the government believes that you are selling drugs, they can take any cash they find if they believe it is intended to be used in the commission of a said crime. Almost any property that the cops believe is part of a crime, they can (and often will) take and keep it.

Common Items Seized

• Cash
• Weapons
• Cars or trucks
• Computers

In addition to this list, the government can order other items seized and forfeited; sometimes up to and including your home. Again --- anyhing they believe was used in the commission of a felony can be seized.

How Does This Happen?

The procedure the government use is quite simple and can occur without a heck of a lot of justification.  Rather, the burned in often up to the person whose property was seized to challenge the the taking. Worse, any decision on the property the government seized may be delayed months or years while any possible criminal case is pending.

What Should You Do?

What can you do? First, you must act within a very short period of time – often as little as two months – to work to get your property back. Then you have to take the case to court and challenge the government over what they took from you. Having an experienced Minnesota Criminal Defense Attorney help you through this process can make it much easier, and make it more likely that you will recover the things that were taken from you. If you've had property seized, call the Rolloff Law Office today and see what they can do to help you recover it.. Call today - (612) 234-1165 -  to schedule a free consultation.

Minnesota Criminal Defense - Top 10 Constitutional Rights

With all apologies to David Letterman... these are (IMHO) the 10 Most Important Constitutional Rights you and I have.  If you or a loved one is facing criminal charges, it is imperative that you understand that you have rights. The paramount one being the right to retain a Minnesota Criminal Defense Attorney. The accused is guaranteed the right to legal representation, whether the attorney is appointed for him or he hires a private attorney.

10.    Right to an attorney;
  9.    Right to effective assistance of counsel;
  8.    Right to cross examine and confront witnesses;
  7.    Right to testify on one's own behalf;
  6.    Right to remain silent;
  5.    Right to a speedy trial;
  4.    Right to use courts subpoena power to compel witnesses to testify;
  3.    Right to a jury trial (in most cases);
  2.    Right to an impartial jury; and
   1.   Right to produce evidence on your behalf.

Hmm... that seemed funnier when Letterman did it.  But seriously, these things are important.  If you find yourself charged with a crime you owe it to yourself to at least talk to an attorney about your options - and learn how a conviction could impact you both in the short- and long-term.  Court, judges, prosecutors --- this is all serious stuff.  Don't go it alone.

If you need answers to your legal dilemma, feel free to call the Rolloff Law Office at (612) 619-0262 to set up a free, no obligation consultation today. 

Minnesota Assault/Domestic Assault Charges

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

What Should You Do if You're Being Investigated?

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

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

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

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

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

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