MN Domestic Assault Charges (Victim's Rights)

Domestic assault, believe it or not, one of the most commonly charged crimes in State of Minnesota ... and, if not handled properly, can carry significant consequences.

Honestly, it is not an exaggeration ... if your significant other or family member says you struck them, or even placed them in fear of being harmed ... that is all it takes to be arrested.  

However, often those expressions - ie., that someone believed they were in fear of being harmed are not what the alleged victim actually says; rather, it is the "rush to judgment" conclusion of the officer on the scene ... and can lead to (without that person's say-so) their loved one being hauled off to jail --- often an unintended consequences of a call to the authorities.  

The State "Presses Charges" - not the Victim

One thing many people do not learn until well after the fact is that, if the alleged victim does not want to “press charges”, even if she changes her story or admits she lied, the charges do not get dismissed on that statement.  As an experienced Minnesota Criminal Defense Attorney, I have dealt this situation ... ie., "she doesn’t want to press charges" ... and many believ that this will lead to an easy dismissal of a case.  Sadly, that is often not true.  

I think we'd all take some comfort in knowing that once an accusation has been made, if that individual has lied or misunderstood a perceived incident can come forth and tell the truth, and spare the accused the very real consequences of criminal prosecution.  Unfortunately, the tactics of many prosecuting authorities, officers, and even non-profit shelters and similar organizations, encourage the alleged victim to stick to her story, no matter what.  This has become systemic.  

What is a DANCO?

A Domestic abuse no-contact order, or “DANCO”, prevents the ability of the 911 caller to have subsequent conversations with the accused which might clarify the circumstances of the incident.  An order for protection may do the same.  The accused is automatically arrested, preventing any contact with other witnesses or demonstration of evidence proving the alleged victim’s story is not true.  From the beginning then, both parties are isolated from one another, and the accused is isolated from everyone, leaving only the accuser free to function and assemble a case, and be influenced by other people.

You’ll often see staff from shelters sitting in court, consulting with the woman afterward, speaking to police and the County.  To be clear, these shelters do great work and help and protect thousands of abused women every year, especially when they have no place to live or hide from an aggressive stalker.  However, at times,  staff from these facilities function as an agent of law enforcement, and in a handful of cases, they shelter and alleged victim from her obligation to tell the truth.  It doesn’t help that these incidents are often not black and white, and perhaps the accuser wants separation, but has embellished her story and only qualifies for the benefits of this shelter while she sticks to her story.  There may be children involved, and sometimes family attorneys and shelter staff will end up advising the accuser to stick to her story put her in the best position to have custodial advantage.  

Earning a Dismissal

Perhaps the greatest act of true violence to the truth, however, is when the state threatens their “victim.”   Again, we have a justice system that SHOULD encourage the truth.  We should not have to wait until a trial with sworn jurors and the accuser under oath to hear the truth.  This happens more often then people would like to think.  In fact, when push comes to shove, it happens nearly every time.  We have personally fielded calls from victims in tears saying they made it up, and that they told the prosecutor, and the case still is not dismissed.  We never ever put down our shield and sword, and continue to fight the case through trial.

If you’re charged with domestic assault, the fact is you cannot rely on your accuser to close your case.  You need an experienced Minnesota Criminal Defense Attorney that understands procedure, investigation, and who will do the witness preparation that the state apparently won’t.  The fact is, with a “not guilty” plea, and a trial setting, if your lawyer sends an investigator to speak with the accuser and she recants, the state cannot call her as a witness just to get in her statement to police.  That is a rule born out of some complicated case law.  That statement CAN be suppressed, and the case can be dismissed on the day of trial, if you hire a lawyer that understands the rules of evidence, and who can secure the necessary information ahead of time.
  

If you’ve been accused of Domestic Assault, you need to contact an experienced St. Paul & Minneapolis Criminal Defense Lawyer who serves the south metro area such as Apple Valley, Eagan, Lakeville, Burnsville, Woodbury, Farmington, Rosemount, and Northfield.  Call the Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165.

Why You Should Seek a Minnesota Expungement (Explained)

If you have been charged with a criminal offense in the State of Minnesota, you need to be aware of the serious ramifications that a conviction can have on the rest of your life.

A criminal record can leave a negative mark on your future that will affect your opportunities for housing, work and more. Many companies will refrain from hiring convicts because they do not want to be charged with negligent recruitment and they want to provide a safe working environment to existing employees.

If you have a criminal record, you may also have a tough time finding a job in an organization that requires security clearances (i.e. banks, financial institutions). Being dishonest about your criminal record is never a good idea, as most companies will run a background check for criminal records regardless. If you have been convicted of a felony, you may also be unable to vote, serve on a jury or hold elective office.

A criminal record can also affect your ability to travel to other countries. Most visa applications will ask about any convictions and some countries will deny anyone with prior convictions. Other countries will deny entry only to those convicted of specific crimes, and some countries have no restrictions to criminal records. Regardless of whether you want to travel in the future or if you want the liberty to apply for any job, having your criminal record vacated is beneficial to your future in every way.

Who Are You Going to Call?

Clearing your criminal record can be difficult and extremely complicated without the help of a knowledgeable Minnesota Criminal Defense Attorney. There are certain circumstances that must be present in order to remove a criminal charge from a person's record, and you need the assistance of a legal expert who can guide you through the entire legal process. Contact The Rolloff Law Office today to start the process. Call or Text: (612) 619-0262.

Minnesota Criminal Defense (is the Best Offense)

In basketball, there are offensive plays and defensive plays, and a good team understands that it’s succeeding in a combination of these two types of plays that helps them win the game.

In a criminal case, the State is usually on the offense: they bring the complaint, and carrying the burden of proof throughout the case.  And the defendant is usually on the defense: Defending his constitutional and procedural rights, ensuring that the police didn’t overstep the rules and that there is sufficient evidence being presented by the State for it to meet its hefty burden.

However, there are times the defendant also gets to play offense. This happens when their experienced Minnesota Criminal Defense Attorney utilizes an Affirmative Defenses. Bringing an affirmative defense has the same effect as when the home team manages to get the ball just about all the way to the visitor’s goal line before they let the visiting team get the ball back, so the visitors have to go the whole length of the field all over again to try to score.

The best Affirmative Defenses can set the State back substantially and sometimes, they can also act as a complete bar to an element of the State’s case, effectively stopping the State from proceeding.

Common Affirmative Defenses

1. Self-defense, and Defense of Others.   True self defense or defense of another requires that an individual acted out of fear for his/her safety or the safety of another against the imminent use of unlawful force against him/herself or another. Factors that affect a claim of self defense are things such as the extent of the right to self defense in the situation, the force used, against whom it was used, and for what reason.

2. Entrapment. When someone is induced or persuaded by law enforcement officials to commit a crime that the person had no previous intent to commit, he or she has been entrapped.

3. Mental illness or Deficiency. This defense asserts that at the time the acts constituting the offense were committed, the defendant was not capable of comprehending that what he or she was doing was a crime due to mental illness or deficiency.

4. Duress. If a defendant participated in a crime only because he or she believed or had reason to believe that he or she would be seriously harmed if he of she did not participate, the defendant may be able to use the defense of duress.

5. Intoxication. Involuntary intoxication, or involuntarily being under the influence of a drug or substance – can be an affirmative defense. Voluntary intoxication is only potentially a defense against the intent element of a crime; it can be used to prove an act was committed recklessly instead of with intent to cause serious harm.

Whether an Affirmative Defense applies in your case or not is a decision that you and your attorney need to make together.  The next right step, contact The Rolloff Law Office at (612) 234-1165 and find out if there's a good defense to defend you offense. 

DWI - Save Your Minnesota Driver's License

Just because you have been arrested for a Minnesota DWI (or refused to take the DWI blood, breath or urine test) does not mean that you will automatically lose your driver’s license.

If you've been stopped for a DWI - then, either on the night you were stopped or subsequently in the mail - you were probably informed that your license would be soon be taken away. 

If you drive after losing your license, you may have to pay a high bond or bail to get out of jail. Under Minnesota state law, you also will face another criminal charge - one that could see you facing jail time and a huge fine --- all of this in addition to the DWI consequences you could be up against. 

So, what should you do?

How to Save Your Minnesota Driver's License

Here are the most common steps that your Minnesota Criminal Defense Attorney should take to ensure that your driver's license is saved.

1. Request a hearing and demand the officers' presence. This will afford you and your attorney a preview of what evidence the government will rely on at trial, a rare thing when it comes to criminal cases. All officers involved in the case must show up and justify the actions which resulted in the revocation of your license.
2. Retest the sample, if possible. Testing errors may save your license.
3. Investigate the adequacy of the stop of your vehicle. The officer must have had a reasonable articuable suspicion that a crime or traffic infraction was being committed before he can legally stop you..
4. Investigate the adequacy of the arrest and request for a test. In most cases the officer must have developed probable cause to believe that you were impaired by alcohol before placing your under arrest.
5. Check the times of events. Officers must perform the tests within certain guidelines.
6. Check the labeling of the sample. It must be identified as being yours.
7. Demand an Implied Consent Hearing in front of a judge. Fabrications and other errors are often first noticed at these hearings.

How Do You Get Started?

If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free.  The sooner you get started the better.

DWI Urine Testing (Explained)

It's enough to make you angry or even (to be a tad vulgar) - P*ssed Off. 

Minnesota, unlike nearly every other state in the union, insists on relying on an outmoded and (IMHO) unreliable means to determine an individuals blood alcohol-concentration - they test Urine. 

What's Wrong With Urine?

Urine samples, because of the wide array of problems and challenges available to an astute, experienced Minnesota Criminal Defense Attorney, are generally thought of as the least reliable of the three (blood, breath or Urine) types of chemical tests used to determine the amount of alcohol in an individuals system.

What does this mean for you? Well,the bad news is that it could lead to an unfair arrest and charges of Drunk Driving; however, do to the inherent problems in collecting and testing such samples - it could also be what gets your arrest and the subsequent charges dismissed.  Alas, the cost to getting to that point prohibits me from saying that that is "good" news.

What Problems?

There has been a lot of heated arguments made in court rooms throughout state around the issue of Urine testing as of late.  Often those battles are over: (i.) how the sample was collected and stored; (ii.) whether or not the person from who the sample was taken got a chance to first void his/her bladder before collection, and (iii.) if a warrant is necessary to collect such a sample in the first place.

What Should You Do?

The government has doctors, lawyers and various experts on its side - shouldn't you have the same sorts of protections working for you to ensure that they're doing their job correctly, that your rights are protected and so that you can get the outcome you desire?  If you answered YES to that question - you are taking responsibility, for yourself, your actions, and your future - as such, you should reach-out to an experienced Minnesota DWI Attorney.

The Rolloff Law Office picks apart every part of our client's DWI cases - from the conduct of law enforcement (their searches and seizures) down to an analysis of the scientific tests they require you to perform. No part of your arrest should  go unexamined.  Be smart, if you've been arrested (or believe that you will be charged with a crime shortly,) contact an attorney and learn your options.  Trust me - often it's the best investment against a uncertain future.

Will That Ticket Effect My Insurance Rates?

If you just got pulled over and were issued a ticket - after wondering "why me?" - your thoughts probably turned to the question of whether that citation will impact your insurance rates - right? The simple, short answer is YES.  But, as a Minnesota Criminal Defense Attorney - I never accept simple answers.

Believe it or not, your driving record is almost as important as your credit report when it comes to saving money on car insurance. More often than not, when it comes time to renew your policy, your insurance provider (whether it's the one with the gecko, that aggressive/progressive woman Flo, that silly duck or whoever) will request a copy of your driving record to see if you have incurred any new moving violations. If you have - they're more apt to see you as a higher risk and in turn will probably adjust your rates accordingly.

More that Just a Fine

Everyone who has been issued a ticket understands that it is going to cost you something. However, if you believe that one citation will cost you just the fine, think again. Also, if you get more than one ticket - over a rather short period of time - that accumulation of infractions could cost you not only a lot of money but you could also lose your driver's license.  

What are the Costs?

Before you decide to put the pedal to the medal, you should first consider the total cost of getting caught for Speeding. In addition to the fines and assorted court costs and fees you'll be assessed, you may lose your insurance company's "good driver" discount and in-turn see your insurance rates go up - for several years. Or, even worse, your insurance provider may see fit to drop you all together - if you continue to pick up tickets.  In addition, getting a number of tickets, in a short period of time, could result in the government suspending your driver's license.

What Should You Do?

Some serious traffic violations are considered criminal charges in the State of Minnesota. Therefore, the best thing you can do if you get a  ticket for a violation like Extreme Speed, Reckless Driving, Careless Driving or Drunk Driving/DWI is to seek out an experienced Minnesota Criminal Defense Attorney to evaluate the situation, explain your legal rights and to represent you in court.

An attorney may be able to help you get the ticket dropped or have your fine or other penalties reduced. He may also be able to help you to keep your driving record clean and your insurance rates low.  A lawyer could also assist you in keeping your driver's license and/or (in the worse case scenario) get your driving privileges back.

If you have been charged with Speeding, Careless or Reckless Driving or DWI - contact The Rolloff Law Office for a free evaluation of your case. The effort you put forth today could save you from a greater degree of misery in the future.