Minnesota Domestic Assault Charges

Domestic violence is one of the ugliest crimes, because it occurs between people who are supposed to love and respect one another.  Often, it can be used as a form of manipulation and control, leaving long-term scars on its victims, but unfortunately unfounded allegations of such activity can have lasting effects on the falsely accused.  If you've been charged with Domestic Assault - you need to be aware that this is a serious matter that could lead not only to a fine and jail time - but could also have life long impacts on you and your freedoms.  Therefore, if you were planning on represent yourself, you may want to reconsider.

Experienced Minnesota Criminal Defense Attorneys who specialize in Domestic Assault cases are usually skilled negotiators and often a good deal is better than taking one's chances in front of a judge or jury. I've worked hundreds of cases like this - from both sides of the aisle.  I know what needs to be done - and why - to earn my clients favorable outcomes. 

The Next Step

If you or someone you love has been charged with Domesti Assault you should have an experienced Minnesota Criminal Defense Attorney by your side to talk you through this often difficult process. Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.

As a former prosecutor, I am quite aware of how these cases are handled. Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to do-it-yourself --- well, you do so at your own risk. 

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case. Call today: (612) 234-1165.

Minnesota Domestic Assault (Explained)

If you have recently been charged with Domestic Assault, more likely than not you've have come all too familiar with the acronyms - DANCO, OFP and/or HRO.  Although all have there differences, the bottom line with each of these court orders is STAY AWAY.

What Are These Things?

• OFP stands for Order for Protection;
• HRO stands for Harassment Restraining Order; and
• DANCO refers to a Domestic Assault No Contact Order.

  

How Do They Work?

Almost anyone can go to court and ask for either an OFP or an HRO.  (The other "no contact" order, the DANCO, is usually issued only by a judge as a part of a matter involving Domestic Abuse - preventing the individual charged does not have contact with the alleged victim while the case is pending.

  

OFPs and HROs are very unique and powerful orders.  They are unique due to the fact that a Court can (and often does) grant them without a hearing or even notice to the other party. Granted, the individual who is subject to the "no contact" order can ask for his/her day in court - but that process is highly time-sensitive and can be quite complicated.  Moreover, if an order is granted against you and you violate it - you could be subject to criminal charges.  This is why it is essential you speak to an experienced Minnesota Criminal Defense Attorney. 

  

Often, someone requests an OFP or HRO for their own protection by filing a motion with the court and submitting an affidavit that alleges unwanted contact or hear of harm.  If the court decides that that individual has met initial burden to show that domestic assault or harassment occurred, the court will issue the appropriate order and direct law enforcement to serve the order.  If the party on whom it is served, that person can demand a hearing, put his or her side of the story into consideration, and then ask the judge to decide whether or not the order should continue, be dismissed, or modified in some way.

Why You Should Be Concerned.

  

Many of these orders, if granted by the Court are quite powerful. Even the slightest violation is subject to criminal penalties and prosecution.  And, depending on what sort of criminal history the party charged has, the slightest slip-up opens that person up to charges that could be as serious as a Felony. 

  

What Should You Do?

What you've read here is a very general background on these orders.  If you or someone you love is the subject of one of them - or worse - has been alleged to have violated one, you should have an experienced Minnesota Criminal Defense Attorney on your side to talk you through this often difficult process.  Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.  

As a former prosecutor, I am quite aware of how these cases are handled.  Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to go it alone --- well, you do so at your own risk.  

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case.  Call today: (612) 234-1165.

Minnesota Speeding Tickets - 100 MPH or More (Explained)

As we're all too well aware - there's winter and then there's a Minnesota winter. Well, in Minnesota there's Speeding - and then there's Speeding (in excess of 100 m.p.h.) 

During the month of July, law enforcement in the State of Minnesota issued over 70 tickets to drivers traveling at speeds greater than 90 m.p.h.  Believe it or not, twenty-one of those individuals topped the triple-digit mark - 100 m.p.h.

Tickets (Explained)

The average cost of a speeding ticket in Minnesota is about $120 (including all fees and surcharges) for those clocked going about 10 miles an hour over the limit. Motorists stopped at 20 m.p.h. over the limit face about double the fine. But, when clocked at speeds that start approaching triple digits --- the penalties handed out by judges can include fines of up to $1,000 and a 90 day jail sentence.  In addition to that, those driver's ticketed traveling more than 100 m.p.h. can lose their driver's licenses for six months.  See Minn.Stat § 169.14 (link)

What Should You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer. 
I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call today to schedule a free, no-obligation consultation, today.

DWI Field Sobriety Tests - The One Leg Stand (Explained)

Just like with the the Walk & Turn test, another standard Field Sobriety Test you should prepare yourself for - as you would "study up" before any sort of examination - is the One Leg Stand Test.  To do your best on this task, an experienced Minnesota Criminal Defense Attorney is going to tell you that it is important that you understand not only the procedures involved but also what the cops are really looking for when they have your perform this test.  Plus, like with the other Drunk Driving tests, this one also makes for a fun party game, no?

One Leg Stand Test (Explained)

As with any of these tests, the officer who has you perform them will most likely will read from a set of instructions much like those offered here - straight from the standard field manner for how to administer such exercises.

First, before having your perform the test, the officer should make sure that you are on a hard, level, non-slippery surface. (Special consideration should also be given to those individuals over a certain age, of a certain weight and/or those who have a physical impairment that would affect their performance.)

As with the Walk & Turn Test, this test also consists of two stages: instruction and performance.

The Instructions

During this stage, you will be the told what to do and and ways to score.  In addition, these instructions should not only be explained to you, the officer should also demonstrate the test . Here's what you should be tasked with.

1. Stand with your feet together and your arms down at the sides, (like this.)
2. Do not start to perform the test until I tell you to do so.
3. Do you understand the instructions so far?
4. When I tell you to start, raise one leg, either leg, with the foot approximately six inches off the ground, keeping your raised foot parallel to the ground."
5. You must keep both legs straight, arms at your side.
6. While holding that position, count out loud in the following manner: 'one thousand and one, one thousand and two, one thousand and three, until told to stop.'
7. Keep your arms at your sides at all times and keep watching the raised foot.
8. Do you understand?
9. Go ahead and perform the test.

In addition, you should also be told that if you put your foot down while taking the test, that you should pick it up and continue counting from the point where your foot touched the ground.

The Performance/Scoring

As with any test, you're going to want to know how it's score - so you can do what's necessary to pass, right? Not knowing the criteria - coupled with trying to perform this test at night, with a cop bearing down on you, and traffic whizzing by - is bound to impact even the best test-takers performance. So, try this, before you read ahead, take a stab at the test. Then, after you've read the "teacher's guide" try it again.  My guess is, your performance will improve. 

During this test, the officer is looking for these behaviors: 

• Raising your arms in order to gain your balance
• Hopping on one-foot
• Swaying
• Putting your foot down and/or touching the ground
• Failing to complete the test 

This is what your performance will be graded on. And, believe it or not, two or more of these "signs" can equal a FAIL and give the officer probable cause to arrest you. 

What To Do

If your not doing some pre-test studying - but rather you've been arrested for Drunk Driving after failing this silly examination, your next, best step should be to contact an experienced Minnesota DWI Defense Attorney. The One-Leg Stand Test - like nearly all of these tasks - is entirely subjective, and a person could fail it for many reasons other than being intoxicated. An attorney can investigate whether the test was administered properly and what your performance really showed.

But, just as I explained before, in the State of Minnesota taking these tests is completely voluntary. As such, my advice to you is: Don't take these tests - they cannot help you. As a matter of fact, they'll often only hurt one's chances of beating a Drunk Driving charge because the cops tend to pay more attention to every little slip or misstep you make and they often ignore or disregard every correct one - o paint a picture of you as a drunk driver. 

Just say no!

DWIs and Public Defenders

There's not doubt about it - Public Defenders provide a great service to their clients. For some, using a Public Defender may be their only option - because they simply don't have the ability to afford a private lawyer. For others - those who might not be inclined to pay for a good defense -  may want to re-evaluate their decision after assessing the information laid out here.

Public Defender - Positives 

1. Allows low income defendants to have legal representation;
2. Experienced Public Defenders may get their clients better results than bad, inexperienced Private Lawyers; and
3. Public Defenders are the best deal going - often their services are free.  

Public Defender - Negatives  

1. You don't choose your own attorney;
2. They're government employees;
3. They're not specialized in any particular area of criminal defense;
4. They're often less experienced - including among their ranks a lot of new attorneys;
5. They often have a lot of cases; 
6. Their caseloads often don't afford them a lot of time to meet with their clients; and
7. Due to the little time they have - they can be  overly interested in resolving case - quickly.

Admittedly, there are many positives (and negatives) not discussed here; however, when seen in comparison to the advantages of hiring a private Minnesota Criminal Defense Attorney, such as:

1. You get to select who represents your interests;
2. You can get someone who specializes in DWI Defense;
3. Because they have less clients, they can devote more time to your case; and
4. If your not satisfied with your attorney's job - you can fire him or her. 

In my humble opinion, whenever you're charged with a crime --- regardless of how serious or minor that charge is --- you should contact an experienced Minnesota Criminal Defense Attorney as soon as possible.

Failing to attain proper legal counsel could be only slightly worse than not hiring a criminal attorney at all.

Remember, you get one chance at this thing.  A lawyer, be he or she a Public Defender or Private Attorney, can help protect your rights - and fight the government, who can often dominate uninformed and unprotected defendants.

Fair Play?

As the esteemed Mr. Ward rightly asserts in this article - and any client should know - defense attorneys have an "absolute right" to request reassignment if they don't believe a judge can be fair.

As a matter of fact, I'll take it one further - as a Minnesota Criminal Defense Attorney, it is my overriding responsibility to do the best that I can do for my client - and if that means that I know a judge is not going to give my him or her a fair shake - then I have a duty to remove that judge.

If the government is going to come after you - if they are seeking to take away your rights and freedoms, to fine you huge sums of money, and to possibly do harm to your reputation and to your future - then the least that they can do is to allow my client and I to have their case decided out on a level playing field. To do otherwise, cheapens justice for all of us.