St. Paul Prostituion Lawyer

Prostitution and solicitation charges vary in severity depending on your alleged level of involvement. This is why you should strongly consider talking your case over with an experienced Minnesota Criminal Defense Attorney.

Depending on your alleged involvement, you have the potential of being charged with anything from a misdemeanor up to a felony. In addition, if your alleged involvement happened in a school or park zone, the penalties are more severe than they would normally have been. Finally, prostitution and solicitation charges can have profound personal consequences on your life, regardless of the outcome of the criminal case. 

If you or someone you love needs help with a criminal case, like prostitution and/or solicitation, call the Rolloff Law Office  to set up a free consultation: (612) 234-1165

Ramsey County & St. Paul Prostitution Arrests (Explained)

Prostitution arrests are one things ... earning a conviction is something entirely different.  Believe it or not - an experienced Minnesota Criminal Defense Attorney can help you defend yourself yourself against such an allegation.   

Prostitution Arrest Defenses 

These are the number one options for defending a Prostitution charge in the State of Minnesota:

1. Entrapment

This defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is somewhat easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.

2. Due Process 

This defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. As an example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.

3. Lack of Probable Cause 

This defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for ANY offense   This means: there mus be an explicit offer to engage in sexual contact for hire must be reached and documented. If the government cannot prove that such an agreement occurred, the accused can use this defense. It will be left up to a judge to determine whether theprosecution has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

Prostitution is an all too often  embarrassing charge that most offenders wish to keep under wraps. The government knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have an experienced Minnesota Criminal Defense Lawyer to help you through the complex legal proceedings.

The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is needs legal help - call the Rolloff Law Office to set up a free consultation: (612) 234-1165.  

MN Prostitution & Solicitati (Explained)

Prostitution is defined in the State of Minnesota as the act of engaging, agreeing to or offering to engage in sexual contact or sexual penetration for a fee. Prostitution is closely connected to solicitation, pandering, loitering with the intent to prostitute and sex trafficking. If you have been charged with one of these crimes, if you or someone you love has been cited for this offense - contact an experienced Minnesota Criminal Defense Attorney. 

The Law

Prostitution and solicitation cases come in many forms, including:

• Engaging in any sexual activity for money
• Loitering in a public place with the intent to prostitute
• Induce (or solicit) an individual to practice prostitution
• Promotes the prostitution of an individual (pimping)
• Prostitutes in a school or park zone

As I'm sure you acknowledge, ANY prostitution conviction is a serious criminal offense that should not be taken lightly. Whether you are the patron or the prostitute, you could be looking at severe fines and prison time if you are found guilty.

Punishments

If you are convicted of prostitution you could be looking at a sentence as high as 20 years in prison and $40,000 in fines. In most instances, however, prostitution is considered a misdemeanor offense and comes with a $1000 fine and 90 days in jail. However, your penalty will depend on a number of things including your criminal history, the intent of your crime, where and when the crime took place and the people involved.

Sex crimes are serious. Although prostitution is often classified as a misdemeanor offense this does not mean you should try to fight this arrest on your own. Anything you say to the arresting officer can be used against you at a later date. Your best move is to remain calm and silent and speak to the Rolloff Law Office.  Feel free to call today: (612) 234-1165 if you have additional questions about your prostitution arrest? 

Beat Any Ticket - Every time (or Die Trying)

When you get a Speeding Ticket in Minnesota be prepared to pay more than the cost of the ticket. Specifically, your insurance company may raise your insurance rates. So, what are you going to do... think about talking to an experienced Minnesota Criminal Defense Attorney about beating a ticket.  Honestly, the money you spend to keep the ticket off of your record will be a huge profit to you in the long run.

Understanding that almost any person that gets caught driving too fast will pay.Here's how we fight back!


Dispute the Police Officer's Opinion

Police officers often cite drivers for making unsafe turns or driving unsafely down a road. These tickets require the officer to put down his personal opinion and come to a subjective conclusion about what happened. If you have received a ticket where the officer needed to exercise some sort of personal judgment about the situation, you may be able to challenge that judgment. For example, suppose you were cited with an unsafe lane change while driving on the highway. If we show up to fight the ticket, we can argue that your lane change was safe given the weather and traffic conditions at that time. To further support our argument, we could also point out that the police officer was in front of you during the lane change, and that, due to the heavy traffic conditions, the officer most likely was paying more attention to the road in front of him rather than a car changing lanes behind him.

Subjective speeding tickets are also issued all of the time --- and it leaves it up to the police officer to determine whether a driver is driving at a safe speed. These speeding tickets are often challenged by those who are cited. If you have received a speeding ticket for going above the posted speed limit we ay be able to challenge the officer's opinion by proving that your speed was safe given the conditions. As an example, if an officer cites you for going 75 mph in a posted 65 mph zone, you may argue that your speed was safe because all of the cars in your lane were also traveling at 75 mph, and thus, it would be unsafe to drive at or below 65 mph.

Dispute the Officer's Evidence

There are yet other types of tickets where the police officer's judgment cannot be called into question. These tickets generally have to do with tickets that are clear cut, like running through a stop sign or making an illegal U-turn. Here, challenging a ticket involves challenging whether or not the officer saw you perform the ticketed action. The results of these types of cases will generally boil down to who the judge believes, and you, as the driver, will often have a high burden to overcome. However, there are certain types of arguments and evidence that you can present that may help your case by calling into question the officer's observations.

Some of the best arguments and evidence to present in such a situation are:

• Eyewitness statements from passengers, other drivers on the road or pedestrians that will confirm your story.
• Diagrams, diagrams, diagrams. The more clearly you can show where your car was in relation to the officer's car at the time of the citation, the more robust an argument you can make. For instance, a great diagram would show that the officer could not have seen you run a red light because he was trailing you too far behind to see whether or not your car was in the intersection at the time the light turned red.
• Photographs of the scene of the alleged traffic violation. Photographs can help you if, for example, they demonstrate your claim that a stop sign was obscured by an overhanging limb, or show that a traffic light was out of power at a certain time of day.

Present You Own Evidence 

In Minnesota, the judge hearing your case will be allowed to come to their own decision regarding the traffic ticket if presented with the right evidence. For certain types of tickets, like running a stop sign, you may be allowed to present evidence that you should not be required to pay the ticket because you made a "mistake of fact."

Mistakes of fact are mistakes made by drivers about the situation. To clarify, it helps to look at a few examples. First, it would be a mistake of fact if you were driving in two lanes because the lane markers were so worn down by use that you could not see them. Second, it would be a mistake of fact to make an illegal right turn because wind had recently blown down the no right turn sign.

Often, a judge will toss out a ticket that has been issued against you if you can show that you had inadequate notice. For example, if you regularly drive a stretch of road everyday and one day are ticketed for running a stop sign that was installed the previous day, you can argue that you had insufficient notice about the new sign, and that you made a mistake of fact. However, if the stop sign was up long enough for you to be aware of it, or if you never drove that stretch of road before, or if you were driving recklessly and failed to see the sign, you would probably not win this argument.

Argue that Your Driving Was Justified/Necessary

Another way to fight traffic tickets is not to deny or point out mistakes in the ticketing process, but rather to admit to the illegal driving but present another fact that makes the illegal driving justified and allowable. This is a great way to fight a ticket because you do not have to dispute the officer's statement or the charge in the ticket, but rather show circumstances that necessitated your driving.

For instance, if you were ticketed for driving too quickly on the highway, you may present evidence that you were passing a car that you thought had a drunk driver. In this situation, your speeding may be warranted as you were trying to prevent an accident that may have caused a multi-car pile up. However, this defense would be negated if the officer could prove that you kept your high speed even after passing the other vehicle on the road.

As another example, if you are ticketed for changing lanes recklessly and stopping on a highway, you may be able to fight the ticket by showing that you felt waves of dizziness and felt like fainting while driving. You pulled over your car and stopped as soon as you could so as to avoid passing out while driving. A judge could very well agree that your conduct was legally justified and throw out the ticket.

If you want to keep you insurance rates down - fight your tickets --- fight everyone of them.  As a former prosecutor, I've been involved in literally hundreds of trials on matters like these.  You would believe what good work can be done to protect you and your future.  Call the Rolloff Law Office today: (612) 234-1165

Criminal Defense Answers - FREE!

I get lots and lots of questions as a Minnesota Criminal Defense Attorney.  Here are some of the most common and some real answers.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At the Rolloff Law Office I provide personal legal services on a one-on-one basis, and have a  "results-oriented" approach to defending charges. Couple that with my reasonable rates --- and almost anyone can have the quality defender the need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a DWI charge?

Any DWI offense carries the potential of a jail sentence. Under Minnesota law, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. If you have a prior conviction for a DWI (within the last 10 years,) including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of the Rolloff Law Office. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your firm defend?

At my office, I am committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Disorderly Conduct to all Theft crimes, from Misdemeanor to Felonies, as well as serious traffic offenses, and violent crimes, including Assault, Murder, Manslaughter, and Domestic Assault.

If you even think you need legal help --- call the Rolloff Law Office today to set up a FREE consultation at (612) 234-1165. 

Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.

Minnesota Self-Defense (Explained)

In my humble opinion, too many Minnesota Criminal Defense Attorneys fail to consider the best "weapon" in their arsenal when defending clients against Assault cases --- The Self-Defense defense. All too often they forget that their are these affirmative defenses which can greatly increase the burden of proof imposed upon the government and their case.


The laws of the State of Minnesota provide, generally that you can use physical force upon another person in order to defend yourself or another from the use or imminent use of unlawful physical force by another. 

What this often means is - that you don't have to wait until you are hit by another before you protect yourself. If someone is in your face and about to hit you, you can push them away or hit them. Granted, it is always best to start with the least aggressive use of force first and see if that works. (Know this, you can almost never use deadly force as Self- Defense against another unless lesser force doesn't make sense and you or another are in imminent danger of being killed or seriously injured.)

Where My Experience Comes In

As a former prosecutor, I've seen Self-Defense used as a defense and I frequently see Self Defense - successfully in cases where my clients are charged with Assault.  As your attorney, I put forth this defense to protect you at trial, and make a case that the use or threat of use of force upon the "victim" was reasonable and excusable under the law. 

It is critical that my clients not give statements to police about the case, or the police will ask questions which defeat the expected use of this defense. Police are not looking to help the accused defend themselves and will only try to get evidence to help the DA win the case at trial.

If you have been contacted by police regarding an Assault charge - be smart, exercise your right to remain silent, and the Rolloff Law Office today at 303-731-0719.  Together, we can protect your future.

Minnesota Probation Violations (Explained)

Within my practice, I am regularly called upon to help former (and new) clients in Probation Violation proceedings. While there are a million different reasons why a person can have their Probation "violated," these charges tend to fall into one of only a few categories.

 

In other words, a person will most often face a Probation Violation for one (or more) of 5 reasons:

1. Missing a urine or other chemical test
2. Testing positive for alcohol and/or drugs
3. Missing a Probation appointment, or just stop Reporting
4. Picking up a new case, or
5. Not completing some condition of Probation, like community service, counseling, or paying all outstanding Fines and Costs.

Anyone who gets "violated" knows, in the pit of their stomach, that the Judge is not likely to be happy with them. After all, "Probation" specifically means "not in Jail." Even if a person is given an initial Jail Sentence, they had to have been Sentenced to less than the maximum possible Jail term in order to have any Probation left to do. Thus, Probation stands in as a substitute for Jail. And when facing a Probation Violation, the first and biggest concern is staying out of Jail.

Everyone has their reasons for "violating" Probation; however, a person has to understand that from the Court's point of view, this all boils down to the simple notion that a break was given, and the person apparently didn't live up to their end of the bargain. This is, understandably, frustrating to the Judge.

That being said, there are certain Courts that seem to "load up" on the Conditions of Probation. While no one ever wants to face a Violation charge, some people feel like they knew it was going to happen sooner or later, especially when they walked out of Court wondering if Jail wouldn't have been easier than having to do all the things that they feel were dumped upon them.

Who Violates Probation?

There are 2, and only 2 classes of people who wind up in front of a Judge for a Probation Violation: 

1. Those who voluntarily come to Court to resolve the matter, and
2. Those who get picked up on an outstanding Warrant.

Once a person receives Notice of a Probation Violation, they either show up to take care of it, or they avoid it. Of those who avoid it, most are heard to offer all kinds of excuses if they subsequently get picked up by the Police and are taken in for the outstanding Warrant. From the Judge's perspective, all those excuses offered by someone standing before them in handcuffs for not having come in on their own, and all those stories about planning to come in and set the matter straight are like the "wah wah wah" noises made by Charlie Brown's teacher; just noise.

 

However, and no matter how bad things might at first appear, a person inevitably gets some credit just for showing up on their own to take care of things, even if they've been avoiding the Violation for a long time. After all, Judges are people, too. If you just switch places with them, in your mind, for a moment, you can see how anyone would be more inclined to be kinder to the person who voluntarily presents themselves over the person who gets caught and has a bag full of excuses (invariably seen as a bag full of B.S.) about why they haven't taken care of this yet, and how they were planning on doing so, but got picked up first.

How A Lawyer Can Help

Unless there is a really good and provable reason why the Violation should be legally dismissed, an experienced Minnesota Criminal Defense Attorney is going to have to swing into "sales" mode - and he better be good (like the type who can sell ice to Eskimos, or water to fish) because being persuasive is about the only thing that stands between the person and a jail cell.

Your lawyer has to first explain to the Judge, in the best light possible, how or why you failed to comply with his Order. Part of this is knowing the difference between an explanation and an excuse. A person will have to explain, for example, how they had to work late and missed a urine test. That will never count as an excuse, in the sense that it will simply excuse the miss, but that beats the heck out someone saying "I was out on some friends boat, and we got all caught up partying, and I just forgot."

Then, your attorney has to present options to the Judge in terms of what to do. At the point where a person has, for lack of a more delicate way to put it, squandered the break given by the Judge, the Judge will be hard pressed to start looking for ways to be sympathetic and lenient and give another break. If you were the Judge, you might just figure that a couple of weeks in Jail will do the trick. And it sure would, but we want to avoid that, at all costs. Jail is a quick and easy decision, it seems appropriate for a Violation of Probation and, to the Judge's thinking, it only makes the person pay the price they were spared by being given Probation in the first place.

Therefore,your lawyer has to convince the Judge that the quick and easy decision IS NOT the best one. This involves a lot of considerations. From my point of view, one of, if not THE most important of those considerations is that the Lawyer needs to know what to say and how to say it to the Judge.

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The larger point is that NOT going to Jail is more likely if a lawyer knows how to handle these matters - someone who does not waste a judge's time and knows how to be persuasive. There is a time to be argumentative (during a trial, for example) but arguing with a Judge at this critical stage is a losing strategy in every sense of the word. Thus, even though certain attorneys might be the best person around to defend someone in a murder case, that same guy may be the last person to hire for a Probation Violation.

What Should You Do?

You've read what I've written on this subject.  Hopefully it's straightforward and does not simply drone on with the worn out and tired old lines about being "tough" and "aggressive?" If you think I'd be someone you'd like to work with - call me.  To get the full measure of the man, you have to (in my opinion) stand before him and be able to assess as to whether you can trust that person with your future. 

Call and meet with me today.  The Rolloff Law Office - (612) 619-0262. 

Minnesota DWI Myths - Part 3 (Explained)

There are myths and then there are MYTHS.  Here are some of the most common misconceptions regarding Minnesota DWIs that I'm often called on to respond to.
 
1. Sucking on pennies or using mouthwash will help lower your blood alcohol concentration result.
WRONG: Sucking on pennies or anything else that is copper will have no effect on your blood alcohol concentration (BAC) result. As far as mouthwash or breath sprays go, these substances can actually inflate the amount of alcohol found in BAC results, not lower them. Both of these substances contain low amounts of alcohol that an advanced breathalyzer may be able to pick up.

2. You must take the Field Sobriety Tests.
WRONG: While the police are not required to tell you this, in the State of Minnesota, the law does not require that you perform any type of test, including a Field Sobriety Test. However, you should know that if you do refuse to perform this test, the officer will most likely arrest you. You should always take in your surroundings and consider whether or not you are able to successfully pass a field sobriety test before you out right refuse.

3. Field Sobriety Tests are always an accurate measure of a person’s BAC level.
WRONG: Even the National Highway Traffic Safety Administration has said that people, even when they are sober, have difficulty correctly performing field sobriety tests. Several factors such as nervousness, fear, fatigue, weather conditions, leg/foot injuries, etc. can all have an impact on the results of a field sobriety test.

4. “Alcohol on the breath” is a reliable sign of alcohol intoxication.
WRONG: One fact that many people don’t know about alcohol is that it is actually odorless. What people are smelling when they perceive alcohol on the breath is the smell of the ingredients often included in alcohol. For instance, the breath of someone who has been drinking O’Douls Non-Alcoholic beer will smell the exact same as someone who has been drinking Budweiser. Therefore, breath odor strength estimates are completely unrelated to a person’s BAC level.

 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.

Minnesota DWI Myths - Part 2 (Explained)

There are myths, legends, tall tales and there are truths.  When it comes to monsters and whatnot - such stories are probably okay. But, I guessing that when it comes to you and your future - not so much - right?  Seriously, there are a lot of stories out there about DWI arrests.  Some are not so true, some are purely false and others ... I call myths.  As an experienced Minnesota DWI attorney, I've heard them all.  Today, I expose the myth and set the truth straight.

1.  If I am convicted of Drunk Driving, and I lose my license, I can get a restricted license.

Yes, and no. Believe it or not a conviction is not required to have one's driver’s license revoked for a period of time. In nearly every case, the Minnesota Department of Public Safety can, and does, revoke driver’s licenses without requiring a court conviction of an offense of Driving Under the Influence. In fact, should your blood, breath or urine test at (.08) or greater, your license will be automatically revoked without your ever having had appeared in court or before a judge. Know this too, even if your are ultimately acquitted of DWI (or the criminal charges are dismissed) your license revocation may still stand, since the procedures and rules of the DPS operate independently of the court system. Further, a restricted license is only granted under certain circumstances and specific times.  Each case is different.

TIP: By challenging a license revocation, your attorney can have some control over when your license will be revoked, rather than when the DPS or the arresting officer says it will happen.

2. Even if I am convicted of a Minnesota DWI, because of my excellent driving record, I will probably get probation, and not have to go to jail or do community service.

Your excellent driving record really won't amount to much - when it comes to an arrest for Drunk Driving.  No probation is possible, but in most jurisdictions every person who is convicted of such an offense must serve at least 2 days in jail, or must perform some form of community service. Often there are no exceptions.  And we're only talking about a 1st offense.  If you're on your 2nd or 3rd DWI - the mandatory minimums are much more onerous.  No exceptions, unless you agree to enter a long and costly alcohol rehabilitation program.

TIP: If you consent to treatment or some other form of rehabilitation you maybe able to reduce some of the often allotted periods of jail and community service.  As a former prosecutor, I know what the prosecutor and the judge would like to see on the record before they agree to leniency.  If you're looking for a break - you need someone to go into court and get it for you.

3. If I am stopped and arrested for DWI, I am as good as convicted.

This is an all-time favorite of mine because it hits upon a maxim I learned all to well as a former DA: All arrests do not lead to convictions.  Despite the attitude of many courts and prosecutors, there are defenses to the crime of Drunk Driving which should be raised by you or your experienced Minnesota Criminal Defense Attorney.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to "fudge" their interpretation of what lead to a DWI arrest.  Also, many of these same officers are just not qualified to administer the tests you're asked to take and/or they make mistakes when doing so. Now, if you just fall on your sword and plead guilty, you have a 100% chance of being found guilty. However, i you are willing to fight for your rights, and to contest the government's case, you will have the best chance of a satisfactory outcome.  (And get this, more often than not the outcome for for the arrestee does not get worse because they want to challenge the government ... so don't be afraid to stand up for yourself!)

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

What You Should 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 Pepto. 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.

No Means No? DWI Refusals (Explained)

A charge of DWI - Test Refusal is in many ways a lot like an arrest for Drunk Driving.  However, the crime isn't driving while intoxicated; rather, the offender is charged with refusing to submit to a test of their blood, breath or urine - at a time in which law enforcement has probable cause to believe they were driving drunk.

The difference may sound minor - to anyone but a lawyer - but the outcome quite serious.  Under the laws of the State of Minnesota, an officer can require someone to submit to a DWI test if the he has reason believe that the individual was driving while under the influence of alcohol.  This is Minnesota’s Implied Consent law.  (Believe it or not, by driving on a public roadway in the state you automatically consent to submitting to such a test if law enforcement proper cause.)  Refusing to take this test is a crime, which is often more severe than a regular DWI if you had in fact just agreed to the chemical test.

Why is a Refusal Worse than a Drunk Driving Arrest?

Initially, Test Refusal was a more lenient charge than a Drunk Driving - under certain circumstances.  However, those that came before us burned that bridge by refusing tests (to receive lower consequences than if they had taken the test) at a rate that caused the powers that be changed the law to make it equal to the most severe DWI you can receive under the circumstances.  Therefore,  today is very little incentive to refuse the test.


If it's a Crime, Why Do Individuals Still Refuse?

The most common excuse I've seen for not submitting a sample of one's blood, breath or urine for testing is because they're confused about the request in the first place.  If you've read this blog, you know that I often advise individuals to not talk with the police and refuse their requests for things like searches, providing statements and the like in order to protect their rights.  However, refusing a DWI test has the exact opposite effect - it imposes severe criminal liability. 

Prior to seeing the required sample, this is laid out quite clearly by the officer seeking submission to the test - when he recites the Implied Consent Warning.  However, that warning fails to explain that you also quite likely opening yourself up to harsher consequences than if you'd have go through with the test in the first place.

How Do You Fight This Charge?

Law enforcement can require submission to a test only if they have probable cause to believe that you've been drinking and driving.  So, the best way to avoid a charge is to prevent creating probable cause - don't drink and drive.  That being said, I am sure if you're reading this that ship has passed.  If you've been cited for Refusal - you need the assistance of an experienced Minnesota DWI Attorney. 

Not only will they fight to preserve your rights and your future.  They also will be able to discern whether someone actually refused.  That's right - often these cases come into being not because someone says "no" to the test - but rather because there are times that an officer assumes such a response.  If that's the situation in your case call The Rolloff Law Office today at (612) 234-1165.  I believe I can root out the holes in these assumptions and in turn get you the best outcome possible.

You Need a Lawyer - The Right Lawyer

After resolving the question of whether you actually need the services of an experienced Minnesota Criminal Defense Attorney - if you've been charged with a criminal infraction - your attention should then turn to: Who do you hire? 

First, know this - you will have almost no chance of getting the result you desire for your case if you choose the wrong attorney.

 
The sad truth is that, like with any profession, there are some good Minnesota Criminal Defense Attorneys and some ... not so good one.  This is especially true in the area of Minnesota DWI law. 

If you are facing Drunk Driving charges - of any nature - you must recognize that you're going to up against experienced prosecutors who come to court armed with professional, trained, government witnesses (cops) and a slew of "scientific” evidence - all purposed on convicting you. Therefore, it's important that you have someone on your side who can help mount a strong defense.  Someone who knows and understands the government's schemes, tactics and motivations - inside and out.

My experience as a former prosecutor affords me the sort of insider's perspective that has helped my clients win the results they desire.  

In the context of DWI cases, I'm sure we all know someone who has had an experience with an attorney who's only strategy was to quickly plead his client guilty - without conducting a proper investigation into the facts and/or challenging the government's evidence.

Why? 

In my opinion, it's because too many lawyers in this area do not have the knowledge and training required to properly go after the government's so-called "scientific" evidence - like the blood, breath and urine samples they often rely on to convict you.  As such, they give their clients bad advice - rather than admitting to their own shortcomings.

I often have to explain to clients that just because you've been charged with an offense - it does not mean that you will be found guilty of it. However, being innocent or wrongly accused often (unfairly) isn’t enough. Sometimes you need to have an experienced Minnesota Criminal Defense/DWI Attorney on your side to gather the resources necessary to aggressively defend you.

I take pride in the fact that I am not only prepared to take on representation of my clients - in the same manner and style I would for a family member or loved one - but also that I'm dedicated to winning my clients the right results by employing every tool that the law will allow. 

DWI Field Sobriety Tests - The Walk and Turn

Falling somewhere between the "Hokey-Pokey" and "Simon Says" - Field Sobriety Testing for Drunk Driving is an integral element in DWI prosecution - and defense. The tests are often used by an investigating officer to establish probable cause to arrest someone for DWI; and, in cases where no test of someone's blood, breath or urine was collected - one's performance on said tests can be used to ultimately determine whether there are sufficient indicia of intoxication to establish a per se violation of the Drunk Driving law.

With this awareness of the test's importance in mind, you would be suprised how many how many police officers, prosecutors, attorneys and judges lack even a basic understanding of their procedures and what one's performance on these tests actually determines.

So, even though it may feel a little silly, the next time you're throwing back a few "pops" - you might want to consider making yourself something of an expert on Field Sobriety Tests by practicing them - at a time in which your not under the watchful eye of a police officer.

Seriously, the better you understand the tests - the more familiar you are with the instructions, the performance thereof and what's expected of you- the better your chances might become at passing them. As my dad used to loved to repeat - practice makes perfect.

In the end, would that you and I were to be able to discuss taking these tests at all - I'd advise you (in no uncertain terms) to NOT take them.  However, if you feel you need to try and impress your new friend in law enforcement - I would suggest that you become intimately familiar with what these tests are really trying to reveal --- your ability to perform a task - at a time in which your attention is being pulled in more than one direction at a time.

The Walk & Turn Test - Explained

So as not to screw this up, police officers often read from a standard set of instructions when asking a driver to perform these tests.  (Click HERE for a video explanation.) What I would suggest of you - is that prior to performing this test, make yourself familiar with the instructions, and then attempt the test.  The better you understand what will be asked of you - I would posit --- the better your chance at success.

1. Place your left foot on the line (real or imaginary).
2. Place your right foot on the line ahead of the left foot, which heel of right foot against toe of left foot.
3. Place your arms down at your sides.
4. Maintain this position until I have completed the instructions. Do not start to walk until told to do so.
5. Do you understand the instructions so far?
6. When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back.
7. When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot. (Often the officer will demonstrate the exact turn he would like you to perform - pay attention.)
8. While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.
9. Once you start walking, don't stop until you have completed the test.
10. Do you understand the instructions?
11. Begin and count your first step from the heel-to-toe position as one.

Now try the test.

What the Officer is Looking For

While your walking the line, this is what the police are keeping the closest eye on:

• Did you keep your balance - while being instructed in the test?
• Were you able to touch heel-to-toe - what was the largest distance between the two?
• Did you keep your balance - while performing the test? 
• Did you sway?
• Did you "use" your arms to balance; did you raise them more than six-inches from your side?
• Did you start the test - before being instructed to do so?
• Did you stop in the middle of the test?
• How did you execute the turn - was it as instructed?
• Did you take the proper number of steps - or too few/many?

If an officer observes two or more of the above listed "clues" --- you have FAILED the test.

Now, knowing what you know, you may want to retake the test --- and in the privacy of your own home, you have that option. However, believe it or not, the certification manual for Field Sobriety Testing asserts to officers that if someone struggles with this test that he or she should NOT have a driver them re-take it - because the test loses its "sensitivity" if repeated.  Therefore, if you don't get your practice in now - odds are you're not going to get a 2nd chance to make a 1st impression on an officer in the field.

What You Should Do  

At the end of the day, as any experienced, Minnesota DWI Attorney will tell you, by performing these tests -  you cold do more harm than good to your case. However, if your so inclined - understanding what you might be in for - if you do choose to take these tests - could go along way toward keeping you from a DWI arrest.