MN Marijuana in a Motor Vehicle Charge

As a Minnesota Traffic Ticket Attorney, I handle a lot of  moving violation cases.  What you need to know --- depending on the nature of the conviction that you could face ... not only might you have to pay a fine.  You could also lose your driver's license  One charge/conviction that leads to this outcome: a conviction for possession Marijuana in a Motor Vehicle.   

Under Minnesota Law, if you are convicted of possession of Marijuana in a Motor Vehicle, you will lose your driver's license and you could end up with a misdemeanor on your permanent driving/criminal record. 

This conviction, not only could effect your motor vehicle insurance rates --- it could also have an effect on future job seeking ambitions b/c prospective employers and insurance companies alike will be able to find the conviction with a simple background check.

Minn. Stat. §152.027, subd. 3 explains that:

A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Even though a matter may seem insignificant, it is important to speak to an experienced attorney to find out any unforeseen collateral consequences that could stem from certain moving violations.  Call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165

Should You Fight a Minnesota Speeding Ticket?

It’s what everyone hopes to avoid while driving: the dreaded “flashing blues” in their rear-view mirror, an indication that someone’s about to be pulled over. Hopefully it isn’t you. At one point or another, just about everyone drives faster than the posted speed limit. Generally speaking, traffic enforcement officers give motorists some latitude – allowing motorists to drive between 5 and 10 miles per hour faster than what’s allowed for – but anything more than that and a ticket is probably in your future.  If you have received a ticket --- speaking to an experienced Minnesota Criminal Defense Attorney. 
 
A  ticket has lasting effects. It can cause auto insurance premiums to increase for motorists who are convicted and attaches points onto the driving record. Get too many tickets, and it could result in a license suspension. 

Think About It

Generally speaking, most courts decide in favor of the police officer, typically because they have proof that confirms their observation. Furthermore, even if you think you have a compelling argument, there’s no guarantee that the judge will decide in your favor. Thus, you can wind up spending hours in court hearings and you don't get the result you want/need.  .

That being said --- having help (ie., a lawyer) can might be the best use of your time/defense to beat a charge and/or negotiate an outcome with the prosecutor to keep it off of your record. 

If you think spending a few dollars is worth the saving in the long-term. Call the Rolloff Law Office - our fees for citations start at under $200.  Call for FREE ANSWERS today: (612) 234-1165.

DWI Lawyer: Choosing the Right One

If you or someone you love has been arrested for a DWI --- you should be careful and consider getting information from an experienced Minnesota Criminal Defense Lawyer on your side. The right attorney can help you successfully navigate the often complex legal system and help reduce your fines, penalties, and even jail time. Making the wrong choice in an attorney could create negative side effects that impact your life in the short and long term.

Keeping all of that in mind, how do you know which lawyer to trust and which one has the skills necessary to make sure your case gets the best outcome? Here are some tips to help you make a smart decision:

1. Get suggestions for DWI Lawyers in Minnesota;
2. Be prepared for your meeting with the attorney candidates;
3. Interview your DWI Lawyers;
4. Notice how they make you feel;
5. Ask their opinion about your case;
6. Find out about the attorney's fees;
7. Watch for danger signs;
8. Read reviews;
9. Don't rush your decision.

Getting a DWI is a stressful experience --- it can be expensive and lead to personal and work conflicts, regret, and more.  Looking for the best DWI lawyer may seem like just another thing to worry about, but hiring the right person can relieve a great deal of the stress that goes along with this situation. Undoubtedly, you’ll feel better knowing that you have someone who’s working for your interests and capable of reducing negative effects. By following the tips above, you’ll have a great chance of finding a competent attorney who can help you move past the incident quickly and with the best possible outcome. If you have any questions, please feel free to contact the Rolloff Law Office: (612) 234-1165

Charges Dismissed --- Still on Background Check. Why?

We all know how the story goes --- you were charged with a crime. But then - your Minnesota Criminal Defense Attorney got the case dismissed or helped you to earn a Not Guilty verdict at trial.  However, the arrest/charges are still  showing up on a background check.  Right?

What Should You Do?

Many Minnesotans are surprised to learn that potential employers can still see that they were charged with a crime --- even though they were never convicted.  Heck, you may have searched your name on the court’s public records site and found nothing. While this is a good place to start - that should not be the end of your efforts.  See, even if you were acquitted, or if your case was dismissed as a result of a Continuance for Dismissal or Stay of Adjudication, your case should not be visible via a simple name search. However, if someone knows the name of your attorney or the court file number, they may be able to find your entire Register of Actions.  This is where many people might consider looking into a Expungement --- and educating themselves about the way to do that.  

The reason you may need to go this extra step - save for what I've already explained - is the fact that  potential employers aren’t often satisfied with such a limited background check. Instead, they request a complete criminal record check through the Minnesota Bureau of Criminal Apprehension. If the BCA has records of your arrest/charge, they will report it to anyone you authorize to receive this information. Although your criminal record will indicate that the case was dismissed, a potential employer might still take pause at the sight of a charge. 

For example, let’s say you were accused of taking something - from a store - when you were young.  A typical outcome for such cases --- a client is able ot keep it of their record by way of a Stay of Adjudication. That means you the accused did pled guilty to the offense, but the judge did not accept the plea.  And, the case was dismissed after one year of law-abiding behavior. Alas, that same person then fills out an application for a new job, and the employer runs a full background check. Because your case was dismissed, you are confident that there will be no issues. However, the potential employer sees that you were even charged ... and worries that you may be more trouble than you’re worth. After all, they don’t know you. They just want to protect themselves from anyone who may hurt their ability to run a successful business. Will they take a chance on you still? Maybe. But why leave it to chance?

Expungement

Minnesota’s expungement laws afford most individuals the right to ask the court to completely seal their record and ensure that no one finds out about passed wrong doing.  If you had a case that was dismissed, the State generally bears the burden of proving that the government’s interest in maintaining your record outweighs any benefit you’d receive in having your record sealed. Because there is often little or no public interest in maintaining the record of a dismissed charge, they are seldom able to meet this burden. 

If you were charged with a crime and your case was dismissed, it just makes sense to look into Expungement. The Rolloff Law Office has helped 100s of people  seal their criminal records. Contact us today to learn more: (612) 234-1165

Minnesota - Avoid Going to Court!

A comment that I have heard many Minnesota Criminal Defense Attorneys make goes something like this:

 “This would be a great business if it weren't for the clients.”

Now ... while that sounds a little (?) condescending ... I can tell you this --- often, my clients have said the same thing about court - ie., is there any way my case (which requires somone go to court) can be resolved with me ever having to have to go?  The answer is: Yes!

What?

If you have hired a Minnesota Criminal Defense Lawyer there are some MANY cases where you can avoid going to court --- and you can make him/her do all of the work.  

The TRUTH:  In almost all misdemeanors, you can avoid going to the first appearance if you sign a waiver for your lawyer.  Frankly, most of these hearings result in simply getting a new court date. 

It is the practice of The Rolloff Law Office to almost always has you waive your first appearance in misdemeanor cases, we want you to appear at all other court appearances because we need to be able to discuss potential resolutions or setting the case for trial.

If you have been charged with a Gross Misdemeanor or a Felony --- things do become a tad more complicated. 

If you have questions about your obligation ... and/or you don't really feel like going to court - if at all possible - feel free to contact  your attorney whether you can waive your appearance in court. Never go to court and still get the right result.  Interested?  Call The Rolloff Law Office today: (612) 234-1165 

Do I Need to Hire a Lawyer (Explained)

As an experienced Minnesota Criminal Defense Attorney I answer a lot of questions --- here are a number of common ones: 

The police asked me if I would answer a few of their questions, should I talk to them?

Noooooooooooooo.  in my experience --- I understand that individuals have a desire to seem cooperative and/or question what could happen if they don't "help" the police.  In my experience ---  even if the cops are being courteous and respectful, IMHO - it is smart to remain silent until you have a lawyer present.  The most important thing to remember is that you DO NOT have to answer ANY questions and if you do, you should know that everything you say WILL be used against you in the future.  Therefore, politely decline to answer any questions of law enforcement until you have consulted with a criminal defense attorney.

Do I need an attorney if I’m planning to plead guilty?

Yes.  Remember --- you are only going to get one chane to get your case right.  therefore, it is in your best interest to consult with an experienced Minnesota Criminal Defense Lawyer before making any decisions concerning pleading to any criminal charge.  Contrary to what you may perceive, pleading guilty may not be your best option.  Even if it is, having an attorney to advocate for your rights when negotiating with the prosecution on a fair sentence can increase your chances for a lesser charge and a lighter punishment.


  

Why should I you to defend me?

I have over a dozen years of experience in criminal court - whether as a prosecutor or defending those accused of DWI, Theft, Assault, Domestic Assault, Drug possession charges, Fraud, Criminal Sexual Conduct charges and a variety of criminal charges.   I have aggressively and successfully worked with thousands of people facing charges of everything from petty traffic offenses to serious Felony charges.  If you want FREE ANSWERS - call today: (612) 234-1165.

Sherburne County Juvenile Court (Explained)

If you are a parent of family member who has questions about a child that has been arrested --- you are most likely upset and confused. True --- you don’t want this young person's future to be compromised in any way. If there is any (early) good news it is that the courts in the State of Minnesota are actually set-up to focus on ensuring a better future for almost every juvenile offender by stressing on rehabilitation rather than punishment.  Bearing as much in mind, it is important to consult with an experienced Minnesota Criminal Defense Attorney --- to ensure that you can earn the best possible income for your loved one.  

What You Need to Know

The State of Minnesota has a specific set of laws on the books that apply to minors. These laws tell the courts to handle juvenile cases differently than adult cases.

At the Rolloff Law Office, you will work with an experienced juvenile defense attorney who explain to you your family's options with you --- telling you everything that you need to know so that you can make well-informed decisions.  You will know what to expect at every phase in the case.

The Minnesota Juvenile Court System

Depending on the severity of the charge, a decision will be made as to which court the case will be tried in. It is entirely possible for a juvenile to be tried as an adult --- if they commit an offense that is considered an adult crime, such as murder. Since the penalties and consequences handed down in adult court will be adult consequences, the juvenile could face the prospect of serving time in an adult prison. This is another reason why it is imperative to have a highly experienced attorney by your side.

Types Of Juvenile Crimes


I handle all types of juvenile crimes. While a child can commit any crime than an adult can, there are some that are more common than others. Those common types are:

• Assault
• Burglary
• Theft 
• Terroristic threats
• DWI
• Drug crimes  

If you are the parent of a child who has been accused of a crime, one of the first things you need to do is call an experienced and affordable juvenile attorney. By giving your child the representation that he deserves, you are taking a step toward preservinghis future. To learn more about how the The Rolloff Law Office can help you --- Call (612) 234-1165 and set-up a Free Consultation.

MN Mandatory DWI Sentences (Explained)

 
Minnesota's DWI Laws are some of the toughest in the nation.  And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.   

BTW, this dog was NOT arrested for a DWI.  But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.

Mandatory MN DWI Sentences

If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.

One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail.  It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM). 

Here are the "mandatory" sentences the courts are require to impose for repeat offenders:

Second Offense In a Ten Year Period:  A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.  

Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.

Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.  

 
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions.  Call today to set up your fee consultation: (612) 234-1165

Affordable Criminal Defense Lawyer (Apple Valley)

Unlike a trip to your favorite restaurant, you are unlikely to find - when visiting an attorney  - a flat rate for his services based just on the alleged crime committed.  Instead, as an experienced Apple Valley Criminal Defense Attorney, when I determine a total cost I lok at a number of factors.  

Why Do You Charge What You Charge?

Some common considerations --- that go into determining how much money you can expect to spend on your legal services include:

1. Your Case (Type/Level of Offense)

The largest factor in determining the cost of my services depends on exactly what you’re asking me to do. For example, hiring an attorney to get you out of an assault charge is going to cost more than paying him to get you out of a traffic ticket.  Another big factor is how much time I/we will need to spend reviewing, preparing and fighting your case. Again ... I'm not going to need a whole lot of time getting up to speed on a Driving After Revocation ticket; however, something like a DWI or a felony controlled substance crime charge --- that will often involve a lot more work.  

When we meet --- and I know what you want/need me to do --- and what I can do --- I should be able to give you an idea of how much time I'll need to get you that result at the initial, free consultation.


2. Experience

Often ... the more experienced an attorney is, the more money he is apt to charge you.  (And, going to an inexperienced may save you money at the outset, but if they can’t secure an outcome - that considers not only the short term consequences ... but, also looks at where you might be five-years down the road - you might end up paying more or getting a worse sentence in the end. 

As a former prosecutor, I saw many people overcharged and under-served.  I try to be fair ... because I know that not everyone has a ton of money to thrown at situations like this.  
   

In the final analysis ... money (although an important consideration,) should not be the only metric you use to gauge who might be the right lawyer for you.  Call or set up a FREE CONSULTATION with the Rolloff Law Office today.  I'll explain what I can do, and how affordable it can be.  Call: (612) 234-1165.

Dakota County Expungments (Explained)

If the right requirements are met, there are some crimes that many crimes that can be expunged. Although the law changed in 2015, sealing your record isn't guaranteed.  In all reality, an individual must have a very good reason to have a charge/convictionexpunged, such as the negative impact the criminal record is having on that person’s life. For instance, an individual may have difficulty finding a job or finding a place to live.  If you need to know more, you should strongly consider consulting an experienced Minnesota Expungment Attorney. 

Crimes That Can Be Expunged

A judge uses the law (and their own discretion) when a person requests to have a conviction wiped off of their record so they can apply for a specific job or find a place to live.

Some of the crimes that can be expunged include:

• Assault
• Felony or misdemeanor theft
• Disorderly conduct
• Obstruction of justice

The expungement process is a complicated one and that’s why you need a Minneapolis Criminal Defense Attorney to help you. A lawyer knows how to navigate the process when all you want to do is move on with your life toward a better future.

Why Seek an Expungement?

The reason why you want to go for expungement is due to the impact a criminal record has on you - now and in the future.  Criminal records are maintained at the city, county, and state levels. They document the type of crime, when the crime occurred, details of the charges, the court where the case was heard, and sentencing detail. The records become public record, so employers, landlords, and anyone who needs to conduct a background check on you can access them.

When your Dakota County Criminal Defense Attorney is able to have your record expunged, it does not show up on these background checks. It is not completely erased in case it does need to be accessed by law enforcement, but there is no interference with you finding a good job, renting an apartment, or going to the school of your choice. The short-term and long-term advantages of expungement make undergoing the process worth it. Even the legal cost is minimal compared to the earnings you will receive by being able to work within a career that pays you what you are worth rather than working in one that pays you pennies because of a criminal record.
 

If you have been convicted of a crime and you know or believe that you qualify for expungement, The Rolloff Law Office can help you determine your eligibility and can help you meet that goal if you are. An expungement can help you start over and move on with your life toward a brighter future. To find out more about what can be done for you and what your rights and options are, call (612) 234-1165

Should I Hire a Minnesota Criminal Defense Attorney?

 

Let's hope you never need to ask yourself this questions: Do I Need to Hire an Experienced Minnesota Criminal Defense Attorney?  If you are pondering as much, maybe you should read this. 


Question #1

I have been arrested for a crime, should I go ahead and plead guilty to get it over with?

Answer: Being charged with a crime is serious and should be addressed as such.  One suggestions: do not plead guilty in an effort to just "get it over with." This strategy can lead to more severe consequences - in the short & long terms - than you'd often get. Even if you ultimately do want to resolve your case by entering a plea --- it is important that a lawyer is there to tell you if your punishment is fair. Also, depending on the type of crime you have been accused of, substantial jail time could be a penalty, as well as huge fines, asset forfeiture, and lifelong consequences. Pleading guilty without knowing all of this could leave you in a position that you had never thought possible.

Questions #2

Why should I hire a Minnesota criminal defense lawyer?

Answer. If you have been accused of a crime, the government has virtually unlimited resources to prosecute you. Whether that is a team of lawyers, scientists, law enforcement officers, crime scene technicians --- they will all be out to hold you accountable.  When you hire a skilled Minnesota Criminal Defense Lawyer, you are presented with the opportunity to fight any/every allegation against you. A skilled attorney can help guide you through what can be a complex and confusing legal system. 

Question #3

When should I hire a lawyer?

Answer. Time is of the essence.  It is important that you hire a lawyer as soon as possible. The moment you are arrested or caught up in an investigation, you need to make the call.  Whether it is three in the morning (or afternoon,) make sure to call an experienced attorney as soon as possible.

Question #4

Do you guarantee the outcome of my case?

Answer. Unfortunately, it is impossible to ensure results. As a matter of fact, it is against the rules for any attorney to guarantee the outcome. However, as a former prosecutor, I can promise that by hiring the Rolloff Law Office, you will get somoen to fight for you ... who will put in the work necessary to gain you the right result. 

Question #5
 
What does a criminal defense lawyer do for me?

Answer. There are several things that your lawyer can do for you:

• Provide representation while your case is being; investigated --- to maybe prevent criminal charges
• Challenge the evidence at a Pre-trial;
• Formulate a defense that could result in the charges being reduced or being completely dismissed; and
• Negotiate with the DA to work out the best possible outcome

Minnesota Terroristic Threats Charges

In the State of Minnesota making a Terrorist Threat is considered a felony offense. That being said ... even a innocent statement can be considered a threat when it was never intended to be such. Maybe you said something out of frustration, anger, or were annoyed. In the end, it all comes down to how someone else interprets the statement that was made. If they do so incorrectly, then it turns into something very serious. That is why you need to turn to an experienced Minneapolis Criminal Defense Attorney who can defend your rights and reveal the facts in your case. 

What Are Terroristic Threat?

There are different types of terroristic threats. One of the most common type is when someone threatens violence --- and a conviction can result in a fine of up to $10,000 and five years in prison. 

If any of the following factors exist, then a terroristic threat charge could result:

• A public place or mode of public transportation is evacuated because of an alleged threat
• The public experiences an inconvenience caused by an alleged threat and/or the threat is the result of reckless disregard for others and the terror that the threat can cause them.
• The threat is to commit a violent crime with the intention of terrorizing another person or other people.

A person may also tell another that they are going to commit a terrorist act or terrorize people in some way. Simply saying that there is a possible threat, such as an explosive or another device located within a building or area, regardless of whether it is or not, a conviction can result. 

How to Defend a Terroristic Threat Accusation?

Every type of alleged threat is taken very seriously, by the government, and this is why you need a Minnesota Criminal Defense Lawyer.  While it may seem as if the charges cannot be beat, it is not impossible. Like ... when the accusations don’t have enough evidence to back them up. 
 

Terroristic threats are very serious crimes ... with just as serious penalities and consequences.  So ... know this: it will be aggressively prosecuted, even if that statement or action was not a threat at all. If you have been accused of making a terroristic threat, call the Rolloff Law Office at (612) 234-1165 for a FREE CONSULTATION.  

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.

Hiring a Minnesota Criminal Defense Lawyer (Explained)

So, you have some questions about whether you might need the services of a Minnesota Criminal Defense Attorney.  Here are a couple of things you should strongly consider.  

Do I a Lawyer?

Anyone acing a criminal charge, no matter how minor, could benefit from speaking with an experienced Criminal Defense Lawyer. Even if you never hire him, a FREE CONSULTATION will help you to understand the nature of the charges you face, possible defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.

For serious charges, it will be a rare situation where one can "do-it-themselves." When the consequences are huge/serious ... a lawyer can assist with (at the least) the negotiation of a plea bargain, or to prepare a case for trial.  

What Should Your Lawyer Know?

An experienced Minnesota Criminal Defense Lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.

How Much it Cost?

The cost of a lawyer can vary significantly --- depending upon the nature of the charges which have been filed (or which are expected to be filed) against the defendant --- and what needs to be done - ie., a trial and/or plea bargain.  As a general rule, lawyers will typically require a large fee for a complex case ... less for a simple one.  The amount of a retainer fee will also typically increase with the severity of the charge filed against a defendant.  

Misdemeanors & Felonys

In a misdemeanor case, , it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.  

Where to Find a Lawyer

It is unfortunately not always easy to find a good criminal defense lawyer. Here are some suggestions:

Professional Organizations - Each state, and some counties/cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.

Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.

Directories - There are a number of online directories which include criminal defense lawyers, including LegalMatch.com, Lawyers.com and FindLaw.

After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours.  Call the Rolloff Law Office - today - to set up your FREE CONSULTATION: (612) 234-1165

Domestic Assault (Explained)

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong Minnesota Criminal Defense Attorney. 

A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. 

Domestic Violence Accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in the State of Minnesota.  Believe it or not, someone can be charged with domestic abuse under the state’s law if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault; and/or 

Cause someone to fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both parties  participate in escalating the conflict. 

To get to the bottom of messes like this, you need the immediate support of an experienced Minnesota Domestic Assault Attorney. 

At the Rolloff Law Office, we have extensive experience (first as a former prosecutor and now) defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.  Call now: (612) 234-1165

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong defense. A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. I am Minnesota assault lawyer Dennis M. Lothspeich, and I will aggressively defend you. I have more than 25 years of experience as a formidable trial attorney and never hesitate to take my clients' defense into the courtroom.

Helping you understand domestic violence accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in Minnesota. You can be charged with domestic abuse under the state’s Domestic Abuse Act if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault Terroristic threats Criminal sexual conduct

Interference with an emergency call Infliction of fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both people participate in escalating the conflict. You need the immediate support of a diligent Minnesota assault attorney if you are accused of:

Assault with a deadly weapon Spousal abuse Harassment Violating a restraining order

Child abuse Stalking Sexual assault False imprisonment

I have extensive experience defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.

Fighting for your best results

When seeking a Minnesota assault attorney, you want one with a solid criminal defense background. I have the resources and knowledge to achieve positive results even in very complicated cases. I review the facts of your situation, gather evidence and meticulously attack the prosecution’s case against you. My goal is to get your charges reduced or seek an acquittal at trial. I stand by you and do my best to see you through one of the toughest experiences you may have to endure.

Get the defense you need from experienced Crow Wing County trial attorney Dennis M. Lothspeich

If you are facing domestic assault charges, I can help. Call me, attorney Dennis M. Lothspeich, at 218.825.0861 for a free initial consultation, or contact the law office of Dennis M. Lothspeich, P.A. online. I accept collect calls from jails and correctional facilities in Crow Wing and nearby counties and can arrange an immediate visit with you onsite if you are in custody and need assistance. I charge a reasonable flat fee, which is set up front. In some cases, my fee can be comfortably spread out into monthly payments during the duration of your case. My office is conveniently located across from the Crow Wing County Court House. I am happy to schedule an evening or weekend appointment if needed.
- See more at: http://www.brainerddwilawyer.com/firm/assault/#sthash.Mkj9aFt9.dpuf

Minnesota DWI - Field Sobriety Tests (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about DWIs.  One common inquiry is about Field Sobriety Tests.  Here's some info that you need to know.

Minnesota Field Sobriety Tests

A police officer, after pulling over a driver for suspected Drunk Driving will usually say something to the driver: 

“I need to have you step out of the car and do a few tests to make sure you are okay to drive."  At the time, the driver is not told that he/she has the option to refuse those tests. 

Here’s the skinny. 

Almost always, the purpose for the Standardized Field Sobriety Tests (SFST) is to gather evidence against you to be used at trial. 

The Truth

There are two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose a clever defense attorney gets the test kicked out. They can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFST. They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 

The one exception (sort of) to this is the preliminary breath test (PBT) --- that little box that officers have you blow into on the side of the road. 

If you refuse to blow into the PBT the officer can place you under arrest and ask you to do a blood, breath or urine test. But, the PBT is not admissible in court (except for persons under 21) to show the existence of alcohol or if you later refuse the blood, breath or urine test.

Need help, with a Drunk Driving accustation, feel free to call the Rolloff Law Office to get FREE ANSWERS and set-up a consultation: (612) 234-1165

Minnesota Shoplifting at Wal-Mart (Attorney)

As as experienced Minnesota Shoplifting Attorney, I get loads and loads of questions, here is one of the ost common:

Mr Rolloff, 

I recently received a civil demand letter in the mail from attorney Michael Ira Asen P.C stating I must pay $250 in 30 days. 

I was caught stealing from Walmart. It was my first time ever stealing and it won't happen again. (The police were called and I was also given a citation.)  I was also told I had to stay away from the sore for a year.   

What if I am unable to pay the fine in time? Do I even have to pay it at all since there were no police involved? 

Caught

  
The Truth

Retailers are allowed by statute to make the demand. It is not a scam (as often suggested) but a legitimate demand allowed by law. That being said, there is procedure to this ... and if you really want to part with you money, pay it.  If not, you (or an experienced Minnesota Criminal Defense Attorney) can respond to these demands ... and, if my experience is any indication, you WILL NOT have to pay anything.  Additionally, paying this demand WILL NOT have any impact on the citation you received.  You will still have to go to court to answer for this allegation.
   

 Sure, there is more I can say, so ... if you have any questions/concerns, please fee free to contact the Rolloff Law Office for FREE ANSWERS.  Call Today: (612) 234-1165