Free Answers to Your Legal Questions

As an experienced Minnesota Criminal Defense Attorney I get a lot of questions --- a lot.  Here are some answers to the most common.

Q: What is the difference between misdemeanor, gross misdemeanor & a felony?

A: There are four levels of criminal charges in Minnesota. The lowest level is a petty misdemeanor such as a basic traffic offense. The next is a misdemeanor. This carries a maximum sentence of a $1000 fine and/or 90 days in jail. Next is a gross misdemeanor which is a more serious crime that carries a maximum $3000 fine and/or one year in jail. The highest level is a felony. Each specific felony-level criminal act carries a punishment severity as specified by statute for each specific offense.

Q: I’m charged with a crime. Do I need a lawyer?

A: You are always better off seeking professional assistance if you are accused of a crime. An experienced lawyer understands the intricacies of how the system works and can help you avoid the pitfalls that exist in every criminal prosecution. Keep in mind that not all lawyers are well suited to handle criminal matters.

If you find yourself charged with a crime, you should contact The Rolloff Law Office. immediately for a free consultation. I help you assess your case and determine what defenses you have in your case. The difference between me and the other guys is that, because I once was a prosecutor, I know this stuff from all sides --- and I understand that a criminal charge can affect many areas of a person’s life.

Q: What can a lawyer do for me?

A: An experienced lawyer can guide you through the criminal justice system and obtain more favorable results for your case. First, I will work to get your case dismissed. If that option is unavailable, I will work on building a defense that forces the prosecutor to compromise. No matter the outcome, I can help lessen the stress of facing a criminal charge and bring about a resolution that you will feel good about.

Q: Will I have to pay bail if I’m charged with a crime?

A: Depending on what type of charges you are facing, you might have to bail before you can be released from jail. If you are charged with a gross misdemeanor or felony, the Court must set reasonable bail or conditions of release. If you or someone you know is charged with a crime, you should contact The Rolloff Law Office regarding your bail situation. I can help get bail set, argue for reduced bail, explore alternative conditional release options or arrange for a bonding agent to help get you released.

Q: Should I just enter a plea on a 1st time DWI since everyone gets the same deal anyway?

A: No! The decision to settle is always yours but simply entering a guilty plea means you will not have the opportunity to investigate your case. Most of the time the prosecutor only knows a little bit about your case based on what the arresting officer puts in the police report. A lawyer will help you tell your side of the case. At a minimum, a lawyer will help you structure your settlement in a way that considers your point of view.

Q: What happens to my record if I get convicted of a crime?

A: A criminal conviction will become part of your record once you enter a guilty plea or you are found guilty of a crime by a court or jury. In a DWI prosecution, the State will use any prior DWI or DWI-related driver’s license revocation during the preceding 10 years as grounds to charge you with a higher degree of DWI. Also, different sentencing provisions can impact how a conviction will affect your record. You should contact The Rolloff Law Office to discuss your case before entering a plea to any charges.

The Rolloff Law Office --- FREE CONSULTATIONS.  Call today: (612) 234-1165

Minnesota Public Defenders (Explained)

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

What Does a Public Defender Do?

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

What Can You Do?

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

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

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

Private Attorney or Public Defender? (Explained)

The United State's Constitution asserts that we all of a right to an attorney - and if you can't afford one, a lawyer will be appoint to represent you.  Now, you may not qualify for the public defender, but if you do, you may be wondering whether you should keep your public defender or choose to hire an experience, private, Minnesota Criminal Defense Attorney.

Public defenders are attorneys paid by the state, who do not choose their clients.  Similarly, you don’t get to choose which public defender you get.  In the case of private attorneys, individuals faced with a crime have available to them a wide array of lawyers with varying skill sets and fee structures to choose from.  Believe it or not, there are good, aggressive and affordable lawyers who can and will help you with your cases. 

Public defenders may be excellent lawyers, and many of them are; in fact, many excellent private criminal lawyers were once public defenders.  However, public defenders are incredibly busy and often handle a caseload that is simply unimaginable to a private attorney.  Because a private attorney chooses what cases he or she will take on, he can control his caseload and ensure that each client receives a high level of attention to detail.  If you are looking for an attorney to be available almost instantaneously on a 24/7 basis, a public defender may not be the way to go.

That being said, not all private defense lawyers are created equal – perhaps an obvious point, but an important one nonetheless.  Use your better judgment; you can glean a lot about the way an attorney will treat you once he has your money from the initial phone consultation and the initial in-office consultation.

Give This a Try

I got my start as a prosecutor - working for the government.  During my tenure working in the DA's office, I saw waaaaaay too many individuals who were under served and overcharged by their attorneys - public and private.  I also saw that there was a need to be filled for those individuals who didn't qualify for a public defender - but needed someone to assist them.

If you or someone you love needs help with a legal issue, call me to set up a FREE consultation.  I think you'll be surprised what some one in the know can tell you about your case - and how little it will actually cost to protect your rights and your future.  Call the Rolloff Law Office, today at (612) 61234-1165