Minnesota Shoplifting (Explained)

If you have been arrested or cited for petty theft (ie., shoplifting) - you may think the situation is bad.  Don’t just give up and assume there is nothing to do.  You’re facing a possible theft charge that can have devastating effects on your future.

What Can Be Done?

In a shoplifting case, like any other, I, as a Minnesota Criminal Defense Attorney, look at a case from three ways:

I.     Do you have any factual defenses?

Assuming everything in the police reports is true and accurate, does it all add up to the elements of the charge you’re accused of?  If you’re charged with theft, can they prove that you had the specific intent to steal?  How can they overcome whether or not it was an accident or mistake on your part?  If you’re charged with burglary, can they prove you had the intent to steal before you entered the store?  I know they’re subtle distinctions, but they are necessary elements of the crime the prosecution must be able to prove beyond a reasonable doubt. From there, we know that the reports are not always 100% accurate. 

II.     What in the report doesn’t add up? 

Are the times, sequences or witness statements conflicting with each other?  Are there obvious errors in what happened that can be easily torn apart? When I consult with my clients, we review the facts of the case down to the smallest detail to see where the gaps in the case are.

III.     Do you have any legal defenses?
Because most shoplifting cases involve a “private person’s arrest” (sometimes called a “citizen’s arrest”) by the store personnel, they are not necessarily under the same rules as the police.  Under the laws of the State of minnesota, they do have a right to detain a person they suspect of shoplifting.  If they search you, they don’t have to have a warrant or probable cause like the police do.  But that doesn’t mean that they can do whatever they want.  The store loss prevention officers (a.k.a. security) must still act within the law and appropriately.  I have had cases where the loss prevention agents spied into dressing rooms - a clear violation of criminal law.  This can absolutely be used to our advantage in your defense.  Similarly, if the store security guards used excessive force, that can lead to a tremendous advantage to you either in negotiating your case or fighting it at trial. From there, the actions by the police - Miranda warnings, searches or other police procedures can factor into how to defend your case.

If the facts and the law are against you, how can I best protect you?



Assuming the facts and the law are stacking up against you, what can be done?  Often, there can be alternative dispositions worked out, hopefully to avoid a conviction for a misdemeanor theft offense.  Diversion, deferred entry of judgment, reduction to a misdemeanor or non-theft related charge are all potential outcomes.  Every case is unique, but by working together well before your court date, there are things you can do to help get me in the best possible position for a good outcome in your case when I go to court on your behalf.

If you or someone you love needs legal help - with a Shoplifting or Theft case - call the Rolloff Law Office today: (612) 234-1165.  Don’t wait until the last minute before you are due to appear in court.  Give me a call and we can discuss the details and where we’re headed with your case.

Two Common Minnesota DWI Mistakes To Avoid

If you've already made the mistake of possibly drinking too much before driving - the least you can do is try to avoid making these all to common errors when charged with a DWI.

Being charged for Drunk Driving can be scary for anyone, but even more so if it is your first ever drinking-related charge. Simply talking to the police and trying to understand your rights can cause stress and anxiety, which is why many people panic when they find themselves in a similar situation.

However, this can be very dangerous for yourself and your  case. When many people are scared and anxious after being pulled over for a DWI, they often end up making accidental mistakes than can do more harm than good to their DWI case.

Luckily, hiring a properly trained, experienced DWI lawyer to handle your charge can help  to dramatically increase an acceptable result in your case case. However, it is still important to understand the most common mistakes that people make when charged with a DWI, that way you can avoid them or inform your lawyer of them so that they can take necessary next steps.

Here are just three common DWI mistakes commonly made by someone who is accused of driving while intoxicated:

1. Assuming That You Are Guilty
People often think that just because they have careful about handling your case. Therefore, ignoring your charge or trying to solve it yourself without any legal training can have horrible, long-lasting effects on your record.

There are many difficult factors and tasks that must be done in order to properly represent yourself in court for a DWI charge, including getting proper information from the police, obtaining proper evidence, and dozens of other complicated tasks. These are not risks that you should take when such a serious charge is on the line.

2. Not Hiring A Knowledgeable, Experienced DWI Lawyer
DWI laws and charges are different in every single state, including Minnesota. Therefore, it is important to find a professional lawyer that is familiar with the laws in your area and knows how to work with them most effectively. An experienced Minnesota DWI Lawyer also knows how to challenge the different types of evidence that are completely unique to Drunk Driving law.

What To Do

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to the criminal and civil penalties are filed in a timely manner - and fought against in court. If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.

Hiring a Minnesota Criminal Defense Attorney (Explained)

If you've recently been charged with crime - or are the subject of a criminal investigation - you probably have some questions ---- lots and lots of questions.  Here is a little insight into a few things you need to know as you look for an experienced Minnesota Criminal Defense Attorney. 

Should I Say Anything to the Police Before Hiring a Lawyer?

If you are suspected of a crime or have been arrested, one of the most important things to do - say as little as possible. Be respectful to the authorities, but do not put yourself in at risk by providing information that may be used against you. Contact a criminal defense attorney a soon as possible.

Should I Hire a Criminal Defense Attorney Before Seeking Help from a Bail Bondsmen?

After a friend or a loved one has been arrested, often the first thought is to get the person out of custody or jail. Many people turn to a bail-bondsman,. Typically, decisions are made it "in the moment": fear and panic may play a role is the decision making process - but first taking the time to seek criminal defense help from an experienced attorney instead of posting bond immediately has several advantages:

Posting a bond may be a waste of money. An attorney can advise you about the severity of the charge. For some cases, a person who has been arrested may be released on their own recognizance as soon as they get to court (often the morning after an arrest).

An experienced Minnesota Criminal Attorney may be able to negotiate the amount of bond in court. It is possible and often likely that the bond amount can be reduced by the attorney's negotiating skill with the DA and Judge.

What Should I Consider When Calling and Comparing Criminal Defense Attorneys?

Although bondsmen are not allowed to recommend a specific Minnesota Criminal Defense Attorney, they can have business cards present at their offices - some people call these attorneys. Other people will look at the phone book or search for an attorney online. One of the best ways to find an attorney is by personal connection, such a recommendation from a friend or relative. It is always a good idea, as with any service, to examine your options and speak with at least 3 attorneys prior to selecting representation.

When peaking with a criminal defense attorney of the phone you can get a feel for their:

• Personality, professionalism, and demeanor
• Their level of experience, as an attorney and with criminal cases
• Responsiveness and timing in regards to your call
• Sincerity (are they just eager to your money?)
• Level of personal interaction (will other attorneys or staff handle your case?

How Do Pricing and Fees Work?

 

Minnesota Criminal Defense Attorneys typically work in flat-fee arrangements and require an upfront payment (retainer) to begin working on your case. Many attorneys take credit cards and offer payment plans. In comparing prices it is important to take into account that there is a wide range of quotes that you may receive on even a simple matter such as a first Drunk Driving citation.

 

Here in Minnesota, for a first time DWI charge, you can find attorneys that will take you case for as little as $750 or other attorneys that would charge as much as $10,000. Either of those might be a reasonable amount, depending on the skill and reputation of the attorney.

The vast majority would charge between $1500 and $4000 for a first time DWI with $2100 being an average amount. But take note, it doesn't mean you are getting more for your money - the amount of work required for your case will depend on many factors - including the facts and substance of your arrest and the evidence against you.

What Should I Consider When Meeting with A Criminal Defense Attorney?

The first time you meet in with an attorney, whether in court, custody, or at their office. Just as in your phone call, is important that you both ask questions. During the meeting assess your comfort level with the attorney.

The things you want to look for and questions you should ask:

• Do you and your attorney seem to get along?
• Do you feel comfortable with this person representing you?
• If this person walked into court, do you think people in a jury would respect them?
• Do they speak well?
• Are they well groomed?
• Do they seem to a have a knowledge and understanding of the law?
• Can they easily explain the law as it applies to your case?
• Do you feel you can trust them?
• Do they have the level of experience you need?
• Have they practiced in the court that is handling your case?
• Do they make promises to you that seem unusual? For example, "I know the prosecutor there". (Relationships such as in the prior example may give you more comfort, but generally in Minnesota courts this will not make a difference in how your case is handled.)

Your lawyer should have many questions for you. Their interest in your case is very important to the final outcome. Without proper information, the most beneficial actions and best possible outcome cannot be achieved.

 

 

 

What Can You Do Now?

You can educate yourself on this process - but a lot of the learning is going to be done in the doing.  To learn how my approach to criminal defense can benefit you, contact the Rolloff Law Office to schedule your free consultation.  Call today: (612) 234-1165.

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.

How to Find a Minnesota Criminal Defense Attorney

There are many different ways that you can go about finding an experienced Minnesota Criminal Defense Attorney.  Obviously, I'd be honored to speak to you about your case but the purpose of this article is designed to give you some insight into the places you might want to look for help.

The Internet is a Huge Resource

It is very hard to hide anything about a professional, such as a lawyer, in the internet these days.  If someone has done poor work there is probably an article, comment, or negative review out there that you can read in making your decision to hire a specific person.  Note, many times competitors will post fake comments in order to try to hurt their competition – use your common sense and judgment and do your research.

There are many sites out there that attempt to objectively rank lawyers against one another.  Sites such as www.avvo.com, www.lawyerratingz.com, are two examples that you might want to look at to get a better picture of your attorney.  It is important to know that on some of these sites lawyers can purchase their position on search results – so again, do your homework on the attorney you are considering hiring.

Ask the Criminal Attorney about His Experience
Experience is a completely subjective matter.  There are attorneys that have practiced law for twenty years, but never had a jury trial.  There are others that have practiced for three years and had over a hundred.  There are attorneys that focus specifically in one area of law, where others are more general.  Each has its advantages – a specialist, or an attorney that devotes their practice to a specific area might be better suited for complex litigation but a more general criminal defense attorney may have the flexibility necessary to completely handle your case.

When talking to the attorney ask them about the other attorneys you’ve spoken to.  An attorney that is confident in their own abilities will probably not speak poorly of another attorney – I know I never would.  As a practical matter I always recommend that my potential clients speak to as many attorneys as possible, because it is important to select a lawyer that you feel comfortable with – it is your life, freedom, and reputation on the line in criminal cases.

How to Get a Hold of Me
I would be honored if you spoke to me about becoming your Criminal Defense Attorney, give me a call at (612) 234-1165 and we can discuss your case today - for free.

What are Common Defenses for Minnesota Criminal Charges?

When you face criminal charges, it is important to not only be aware of your rights but also the possible defenses available to you. While this post briefly identifies and explains some of the most common criminal defenses, an experienced Minnesota Criminal Defense Attorney should be able to advise you on the best defense for the circumstances of your particular case.

Self Defense

Self defense is a common criminal defense used by individuals who are charged with violent crimes such as Assault. When this defense is used, a suspect admits that they committed a crime, but justifies their actions by claiming the other person was threatening them. In this way, the suspect’s actions were not intentional or pre-mediated, but in response to behavior that threatened his or her own safety.

The Insanity Defense

The insanity defense is a controversial criminal defense used by individuals who do not have control of their behavior or do not understand that their actions were wrong. If an individual is not able to understand basic principles of morality or cannot …the law asserts that such people are not accountable for their actions. In this way, the insanity defense prevents people who do not have the capability to control their actions or the capacity to understand the consequences of their behavior from being punished as criminals. It is important to be aware that while individuals may not face criminal penalties if this defense is successful, they may be confined to a mental facility for a longer period of time than would have been permissible by criminal incarceration. 

Statute of Limitations Defense

If you are charged with a crime it is important to know that you may only be charged with a certain crime for a limited amount of time after an offense occurs; this is known as a statute of limitations. The statute of limitations varies depending on the crime and the state in which the crime took place. Therefore, it is very important to contact a criminal defense attorney if you have been charged with a crime that took place a number of years ago as the statute of limitations may have run out and you may not legally be tried for the criminal charges that you face. Be aware that statutes of limitations do not prevent you from being prosecuted when they expire. Rather, statutes of limitations prevent you from being charged with a crime when they are expired.

The Alibi Defense

An alibi is a strong criminal defense if you have evidence that supports you were in another location at the time an alleged criminal offence took place (see What’s an Alibi?). To assert this defense often demands that you have evidence and eyewitnesses that can testify to your whereabouts on the date in question. If you have sufficient evidence, the alibi defense is very powerful since you could not have possibly been in two locations at once. An experienced criminal defense attorney should be able to advise you on what kind of documentation you will need to support your alibi and help you track down eye witnesses that are willing to testify about your alibi.

The Entrapment Defense

It is illegal for the government to induce you to commit a criminal offense and then try to punish you. When the government acts in this way, it is called entrapment. While this can be an effective defense in criminal cases, it is not always the best defense. This is because you may still be convicted of a crime if the judge or jury believes you were predisposed to committing the crime anyway. A predisposition is largely based on prior criminal activity; therefore, if you have prior convictions for the same type of crime, entrapment may not be the best defense for your case.

Get a Former Offense Member or Your Defense's Side

There are many other defenses that may better suit the circumstances of your particular case. And an experienced Minnesota Criminal Defense Attorney should be able to advise you on how to develop a strong defense. Criminal charges are serious matters and it is a good idea to hire an attorney on your side.  Let me put my background as a former prosecutor to work for you to win you the results you're seeking.  Call today to see what a former DA can do for you and your defense.

The Stages of a Court Case (Explained)

As a former prosecutor I have had the chance to be involved in nearly all aspects of a criminal case.  That insight - those years working to lock people up - has helped me to earn my clients the outcomes they want - not just want the government is willing to offer. 

I. The Arrest/Investigation
Most of myr clients have already gone through this process by the time they speak with me.  This is the evidence gathering phase, where the police are trying to find out what they need to know about whether you've committed a crime.  It is vitally important to your defense that you do not speak with the police officers or any other agent of the government without first speaking with an experienced Minnesota Criminal Defense Attorney about your case.

II. The Charges
Once the law enforcement have decided that they are going to arrest you, they will charge you with whatever felony or misdemeanor they believe that you've committed.  Many times they will only charge you with one or two things and then turn it over to a prosecutor for the rest.

III. The Grand Jury
In the case of major felonies (such as murder) the prosecutor only has input in the charges, the final word is usually placed in the hands of a Grand Jury.  The Grand Jury will, if it believes you may have committed a crime, issue an indictment for all of the felonies that they believe evidence exists to show that you committed a certain act.  In some, very rare, cases the Grand Jury will not issue an indictment - meaning that they do not believe probable cause exists, however this is VERY rare.

IV. Arraignment
After you have been indicted you will be summoned to an arraignment.  At this point you should definitely consult with an experienced Minnesota Criminal Defense Attorney.  At this stage you will be given the choice between entering a plea of “Guilty”, “Not Guilty”, or “No Contest”.  In general it is in your best interests to consult with an attorney, if you have not yet you should probably consider what happens if you plea guilty vs not guilty.  If you plea guilty you will be convicted of all the charges against you – the judge will not throw cases out (despite what non-lawyers might say).  If you plea not-guilty your case continues.

One thing that most defendants don't understand is that pleading "not guilty" does not usually set you at odds with the government - even if the evidence is overwhelming that you committed the act that they're charging you with.  Remember, everyone should be considered innocent until whihc time the state proves guilt - beyond a reasonable doubt.  Up until that time, there is room to negotiate an outcome for your case - which may not mean you'll have to suffer the most serious consequence. 

V. Pre-Trials through the Trial
After you have hired a Minnesota Defense Attorney he will prepare for trial by demanding discovery, or the evidence, that the government has.  This means he will obtain police reports, statements, videos, DNA, or whatever other evidence that the State might have.  Also, he will begin preparing your defense by speaking to your witnesses, examining your evidence and advising you of the status of your case.

In felony cases it is common to have multiple pretrial hearings before a trial, or suppression hearing is set.  Be patient, it is a long process.

The Right, Next Step
If you have been arrested, charged, or are under indictment, you need to talk to an attorney.  I would be more than glad to speak to you about your case.  As a former assistant prosecuting attorney I know exactly what is at stake for you and I would be honored to become your Minnesota Criminal Defense Lawyer.  Call today at (612) 234-1165 for your free consultation.

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 Domestic Assault (Explained)

The laws of the State of Minnesota define Domestic Violence as the use of threats of intimidation and physical, mental, and emotional abuse - and can also include kidnapping, harassment, stalking, and even threats of violence.

Understand this - Domestic Violence takes a toll on not only the victim, but everyone involved as well.  If you or someone you love is facing charges for Domestic Assault, you need to get to an experienced Minnesota Criminal Defense Attorney to talk about preserving your rights and your future.

Why You Need a Lawyer

There are many complications and legal issues that arise when an individual steps forward as a victim of domestic violence. Having an experienced Minneapolis Criminal Defense Attorney by your side when faced with a Domestic Violence charge is very important.

There are various degrees of Minnesota Domestic Violence; they involve different levels of alleged abuse and whether one has been convicted of a similar-type offense in the past --- and they each have varying consequences.

Defending Accusations of Domestic Violence

An individual who is being accused of Domestic Violence may be barred from their own residence or communicating (or being in contact) with their family, spouses, or children.

Understand this, it is vital (if you're under investigation for Domestic Violence) that you get in contact with a lawyer right away.  You should also refuse to provide a a statement or speak with law enforcement officers before you have spoken with an attorney.

You can exercise your right to remain silent - you are under no obligation to talk to the police.  In my experience, doing so does not help - rather it tends to harm, greatly. Remember that if you are convicted, it will not only be a permanent mark on your record, but you may have to serve time in jail and/or pay a large fee.

What You Should Do

The Rolloff Law Office understands how emotionally stressful  situations such as these can be. My goal is to ensure that all evidence is correctly gathered and that my clients’ rights are protected. Let me put my experience as a prosecutor to work for you - getting you the outcome you want.  Call today (612) 619-0262.

Drinking, Hunting & Criminal Convictions (Explained)

I dare to say - after complaining about the Vikings --- most Minnesotans favorite past-time is hunting.  And, like with most extra-circular activities, adult beverages can be part of that enjoyment. However, (in addition to just how smart (or not) trolling the woods with a buzz and a loaded fire-arm might be,) it begs the question: “Can I drink and hunt?”

Under the laws of the State of Minnesota, a person may not take wild game (with a firearm or by archery) if the individual is under the influence of alcohol or a controlled substance.  A person is considered under the influence - much like with a Drunk Driving arrest situation)  when the person’s alcohol concentration is (.08) or more; when the person’s alcohol concentration is (.08) or more within two hours of the taking of wild animals; or the person is knowingly under the influence of any chemical compound. 

Now, what this maens essentially is that a person needs not be "drunk" in order to be found guilty of hunting under the influence; rather, they need only be under the influence to the extent that it would make it less safe for them to hunt than it would have been had they not been under the influence to any extent.  (Get that?  Me either, and I'm an experienced Minnesoat Criminal Defense Attorney.  But seriously, I have had some experience with individuals who run up against accusation of hunting while under the influence.  If you find yourself having to answer such questions and/or charges, you need to get a lawyer involved for the consequences can be long-lasting.)

Criminal Records and Fire-arms

Even for those that do not wish to drink and hunt, your criminal record could prevent you from partaking in this past time.  With certain limited exceptions, the following individuals are not eligible to possess a firearm, include those who:

• Arender the age of 18; 
• Have been convicted of a crime of violence or a felony-level drug offense; 
• Have been charged with a crime of violence; 
• Have been convicted in another state of non-felony domestic assault or repeat assault; 
• Have been convicted of a felony punishable by imprisonment for more than one year; and 
• Are currently charged with a felony punishable by imprisonment for more than one year.

 What Should You Do?

You know, if you enjoy hunting - but you've had some problems in the past - be smart about it.  Make sure you are eligible to possess a firearm and  if you're going to consume any alcohol, be aware of the regulations and the repercussions for failing to abide by the statute.  If something has gone terribly awry, and you think you need a lawyer, feel free to call the Rolloff Law Office at (612) 234-1165 and we can work with you to minimize any unforseen complications.jmr

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 DWI Myths - Part 1 (Explained)

There are a lot of "my friend said that..." stories about DWIs out there.  Like noses, almost everyone has one --- some are big, some are small ... and some just smell.  Here are a couple of those stories and the truth you need to know - straight from the mouth of an experienced Minnesota DWI Attorney.

1. I have to be driving in order to be convicted of a DWI.

Wrong! Of all the things that are required to find someone guilty of a DWI driving is not one of them.  All that's required is something called "physical control” - while having a too much alcohol in your system at the time of said control. That means that if you get behind the wheel of a vehicle, and decide that you have had too much to drink, your decision to “sleep it off” right there may lead to a conviction of the offense anyway, just as if you had decided to take a chance and drive home. It is immaterial that you felt as if you were doing the prudent thing.

TIP: If you have to sleep it off in your vehicle, it is better if you sleep in the back seat, or the passenger seat, and do not put the key in the ignition. This is not really recommended, however, as prosecutors may still argue that you had the ability to start the vehicle and drive away. Call a cab whenever you are unsafe to drive.

2. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Nope.... Now, you do have a constitutional right to speak with an attorney - but that does not kick in until you're arrested.  Therefore, on the side of the road - you're kinda sorta on your own.  That being said, short of telling the officer who you are you are under no additional obligation to answer his questions and/or do ANYTHING he requests you to do (like the field sobriety tests.)  Once you get back to the station - then you'll get your chance to talk with an attorney.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with controlled substances (prescribed or not,) you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

3. I have to be intoxicated, or “under the influence” in order to be convicted of Driving Under the Influence.

Your driving patterns, your ability or inability to safely operate your vehicle, and indeed, your intoxication, or lack of intoxication, are often not the most relevant things at issue when it comes to being convicted of a Minnesota DWI.  Sure, some drivers are convicted of Drunk Driving because of their poor driving conduct - however, the overwhelming majority are not what most would normally call “intoxicated.” In fact, most drivers are convicted not because they are operating a vehicle while they are intoxicated, but rather because the evidentiary test of their blood, breath or urine indicates a Blood Alcohol Concentration (BAC) above the legal limit of (.08).

What Should You Do?
 
The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto.  Or, if you have a headache - to self-diagnoses and pop a couple of Advil.  However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert.  I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path.  Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential. 

Call the Rolloff Law Office today to set up your free consultation.

Minnesota DWIs - A Racket?

Many (including myself) I believe are under the mistaken belief that Minnesota's DWI laws are “Drunk Driving” laws - which make it illegal for intoxicated drivers to operate vehicles.  Well, as a former prosecutor and (now) a Minnesota DWI Attorney, I can confidently assert that nothing could be further from the truth.

Initially, before "science" got involved, most DWI arrests were based on subjective opinions of a trained law enforcement officer.  The, many years ago, the American Medical Association (AMA) was asked to supply a Blood Alcohol Concentration (BAC) value that would be consistent with impaired driving. The value that the AMA came up with was 0.15 grams of alcohol per 100 milliliters of blood.

Over time, that number was reduced - due to lobbying from victims’ rights groups, like Mothers Against Drunk Driving (MADD), and also due to a very negative public perception of drunk drivers - from (.10) to the current accepted standard of (.08).

One would think that as a result of these changes we're all a little safer - and sure when the value was decreased from (.15) down to (.10) the decrease in highway deaths and injuries was significant.  However, the most recent reduction in the number - (.10) to (.08) did not return such a result.

This begs the question: Why?

As an experienced Minnesota DWI Attorney, I believe that we have reached a point of diminishing returns because the current BAC number - (.08) - does not correspond to a consistently measurable level of impairment. Honestly, who can't argue that sure maybe some people are impaired at (08) but many more are not. But, the law makes no distinction between the impaired driver and the driver who is merely “over the limit.” In other words, it makes no difference if you are drunk or not if your breath, blood or urine test reveals a BAC greater than (.08).

What You Should Know

1. It is LEGAL in the State of Minnesota to drive, operate or control a motor vehicle after drinking alcohol. What's ILLEGAL is doing that if you are under the influence of alcohol, or if your BAC level is over (.08);
2. Your sobriety is rarely being evaluated by officers who make arrests. Rather, what the officer is really trying to do is confirm his suspicion that you're in fact drunk by having you perform those silly Field Sobriety Tests - which do not themselves indicate intoxication but rather tend to predict an elevated BAC level.  As such, I suggest that you NEVER do them.  (It is rare that someone can prove that he is innocent - and often performing these tests does much more harm than good;) 
3. Even if you are physically able to safely operate a motor vehicle with a (.08) BAC - the government says you're driving illegally if you do so;
4. You are able to testify to what you think your BAC was at the time of operating a motor vehicle; and
5. A complete lack of impairment (ie. "passing" the Field Sobriety Tests) is never a defense to a (.08) or Over DWI charge.

What Should You Do?

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to your arrest are filed in a timely manner - and fought against in court. If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.

Minnesota DWI Penalties - The Non-Criminal Ones

In Minnesota, a Drunk Driving charge can lead not only to criminal consequences but one could also be subject to certain civil penalties.  The criminal matter is, of course, handled by the prosecutor and has the potential for jail, fines and other sanctions.  However, and many people who have never been down this road before fail to recognize this, a DWI arrest will also place into jeopardy not only one's ability to drive legally but it could also lead to the loss of their vehicle and/or the vehicle's license plates.  These are the possible civil consequences.  And understand this, these matters are entirely separate from an individuals criminal case. This is why consulting with an experienced Minnesota DWI Attorney is essential to upholding your rights.

Loss of Driver's License

Outside of what could come one's way in criminal court, the number one civil consequence I'm most quizzed about by my clients who have been arrested for Drunk Driving is the status of the driver's license.  The length of revocation varies depending on the specific charges brought against an offender and the circumstances surrounding their arrest.  But, in nearly every case - an individual will be subject to a loss of his or her license and a rather expensive re-instatement fee. Moreover, that loss of driver's license (even if they "win" their criminal case) will qualify as having incurred a "prior" and could have the effect of leading to enhanced penalties in the future if one is again arrest for a Minnesota DWI.

Loss of License Plates

In addition to the loss of one's driver's license, an arrest for Drunk Driving can also lead to the loss of your vehicle's license plates.  Yes, instead of that attractive "Land of 10,000 Lakes" plates you see on over 90% of the vehicles in the State of Minnesota - you could be forced to don the plates of shame - ie., the “whiskey plates.” More often than not, this is not something that occurs for a first time offender; however, if you're facing a third-degree DWI charge (or higher) then this is a very real possibility.

Loss of Vehicle

Although the loss of license might sound severe - especially if you do not  live in an area where public transportation is a viable option - generally speaking the worst consequence one can face if he or she is arrest for a Minnesota DWI is the loss of their vehicle.  If you're charged with a first- or second-degree DWI, the government may seek to keep your vehicle - and eventually sell it at auction or you might be afforded the wonderful chance "re-buy" it from the state.

What Should You Do?

Remember, all of these consequences will not be handled in criminal court.  Rather, if you want to fight against these penalties you must do so on your own action - separately.  If you fail to do so - even if your criminal case is eventually thrown out or resolved as something less than a DWI - you can still suffer their effects. 

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to these civil penalties are filed in a timely manner - and fought against in court.  If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.

Minnesota DWI Arrest - Get Your License Back

In July of 2011, the State of Minnesota instituted an almost wholesale change to the DWI Laws - especially as it regarded drivers licence revocations.

Unlike in the past, individuals arested for and/or convicted of Drunk Driving have new options open to them as it regards the revocation of the driver's license - including the option to almost immediately get back on the road by utilizing a device that will prevent their vehicle from starting if their breath shows the presence of alcohol.

What's New?

Granted, under the new law - repeat offenders and/or first-time DWI offenders (with a recorded BAC of .16 or greater) face longer periods of license revocation, but as a trade off  they now have a chance to drive their vehicles sooner if they choose to install an Ignition Interlock device in their vehicle.

Then, rather than facing the full revocation period, without the ability to drive (even with a limited license or work permit,) these individuals now have the option to pay for the installation of the device - and also a monthly fee - and could be back behind the wheel that much quicker.

After installing the interlock device, an individual ready to drive a vehicle must blow into the handheld alcohol sensor usually placed in the dashboard. The device will not allow the vehicle start, if it detects a sufficient amount of alcohol. In addition to keeping the vehicle from starting, it will also conduct rolling or random tests after the vehicle has already started.  This is apparrently designed to prevent a driver from allowing a sober person to blow into the device just to start the vehicle and to further prevent the driver from drinking while driving.

In theory, the purpose of the interlock ignition device is to help monitor drinking and driving activities while promoting road safety - and hopefully encouraging changes in behavior.

For those individuals charged with Drunk Driving who choose option, there's no doubt that they will be inconvienced - but not nearly as much as going without the ability to drive.

What You Should Do?

Are you in need of an experienced Minnesota DWI attorney?  If so, contact the Rolloff Law Office today for  the comprehensive legal services that you need to ensure the best possible resolution of your DWI case. Call today, (612) 234-1165 for a free, no obligation consultation.

BWI - Boating While Intoxicated (Explained)

The calender now reads SUMMER - even if the weather does not concur - and in Minnesota that means one thing --- hitting the lakes. As you do so in your boat or personal water craft - so is the government.

Yes, as part of a national effort to crack down on alcohol and drug related accidents and fatalities on the water, the Minnesota Department of Natural Resources is engaging in something called Operation Dry Water (you have got to love these names - right?) looking for impaired boat captains.  If you're planning on dropping anchor this weekend, here are a few things you might want to keep in mind if your boating fun also includes a few adult beverages.

The Basics

Just like with driving a motor vehicle, in the State of Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08) percent.  Those in excess of the legal limit may be charged with BWI (Boating While Intoxicated).

Just like with Drunk Driving, a first time BWI charge is usually classified as a Misdemeanor - which could result in the imposition of a $1,000 fine and a jail sentence of up to 90 days.  You could also see your boating privileges suspended for up to 90 days.  In addition, the enhancement factors - which could raise a 1st time offense to a more serious criminal classification - are also applied in BWI case.  Therefore, if your piloting your boat with a blood alcohol concentration of (.20) percent or more, have a prior conviction for DWI (or BWI) or a were convicted of failing to submit a sample of your blood, breath or urine for testing in the 10 years prior to the new charge, and/or there's a passenger under the age 16 on board at the time of the offense - you could be looking at a Gross Misdemeanor of Felony level charge. 

Different than a DWI?

As much as they might be the same, BWI laws also differ from the Drunk Driving laws in a number of ways too.  One of the most important is that an officer - who usually needs to assert a reasonably articulable suspicion to legally stop your vehicle - doesn't always need such a well defined reason to board your boat. More often than not, the police can come aboard for safety or security reasons. Then, if the officer notes the smell of alcohol or sees evidence of drinking, he can begin an investigation.   

Another significant difference in BWI prosecution is the impact that the sun can have on the boater's body - especially when alcohol is involved.  As opposed to when you're drinking a beer in a bar - when your body is processing alcohol in a way you're familiar with - because alcohol works to dehydrate you (as does a day in the sun) it is often easy to underestimate the effect that alcohol is having on you. This often leads to greater consumption - especially if it's a cold beer on a hot day - which can result in a higher alcohol concentration in your system.

What Should You Do?

If you're a regular follower of this blog, you'll note some of the suggestions I've made when having contact with the police- in the context of a Drunk Driving stops.  A lot of those same warnings should be heeded by you when having contact with an officer while out on the lake - and your being suspected of BWI.

If you've been arrested, your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights, to fight for you in court and to protect your future.