Minnesota Criminal Sentencing Options (Explained)

Like with any story, people want to know how it ends.  As an experienced Minnesota Criminal Defense Attorney one questions I get a lot is: What Will My Sentence or Consequences Be?  Listed below are how the majority of cases are resolved in the State of Minnesota.

Case Outcomes

Through a trial or plea bargain negotiations, there are several possible outcomes to any case.  The benefit of a plea bargain is that you know what the sentence will be before admitting to the offense.  The possible outcomes for trial or plea negotiations are as follows:

• Dismissal - all charges dismissed ... pretty easy to understand, right;
• Continued Without Prosecution ("CWOP")  or Continued For Dismissal ("CFD"). Here, your case is set aside and p does not go forward for an agreed upon period of time - usually a year. Then, if certain conditions are met by the end of the time period, the case is dismissed;
• Stay of Adjudication - A plea of guilty is offered to the court, but the court does not accept it. If all conditions are met at the end of the probation period, the case is dismissed --- much like a CWOP or CFD;
• Stay of Imposition - The court does not impose the full sentence but puts you on probation with terms and conditions. At the end of the probation period, if all conditions are met, the conviction may be determined to be a lower level than charged, or (if negotiated) the case is vacated and dismissed --- often a Felony becomes a Misdemeanor;
• Stay of Execution - This is when a sentence is imposed, but some or all terms are not imposed, and the defendant is placed on probation. The execution of the sentence will be stayed ... conditioned upon terms that are up to the court --- this usually involves someone serving jail time on the county lock up as opposed to going to prison;
• Diversion program - Certain crimes or defendants are eligible for a programing that takes the accused out of the court system and puts them into a program designed to rehabilitate the offender. If all conditions are met, the case is dismissed.   
• Execution of the Sentence - This is when the judge imposes the sentence without any stayed condition.

  

Don't be afraid to get answers to your questions, before you spend your hard earned money.  Call or text the Rolloff Law Office - ANYTIME -  to get answers for ask these questions and any others: (612) 234-1165

Minnesota DWIs (Explained)

Generally, as a Minnesota Criminal Defense Attorney I recognize that Drunk Driving/DWI cases fall into one of two types: 

The first category is the least prevalent.  Here, there is a flaw in the government's case.  That means: maybe the police lacked proper cause to make an arrest or their testing equipment was flawed, or the officer did not do the tests Or... maybe there is a problem with the chain of custody or other evidence issues.  There are a number of possibilities that might make the case difficult or impossible to prove.  This is where someone with experience on both sides of the aisle, like me, can be helpful.  First, I know what to look for in a case to find weaknesses.  Second, I know the value of weaknesses to the defense case.  Finally, I can make an informed judgment as to what my client can possibly expect.  In short, experience helps get the best results.

The second category is more likely.  Here, there is no problem with the government's case that can be exploited... The cops did their jobs correctly, the equipment was in proper working condition, and there are really no issues, etc.  The government has a strong belief that it can make its case without difficulty.  Here, experience counts too.  By having been on the other side of well over a 1,000 DWI prosecutions, I know the best results that can be expected.  Just because the case is an uphill battle for the accused doesn't mean you can't a break.  Of course, individual results will depend on the circumstances.

The bottom line is that if you are accused of a Minnesota DWI violation, the Rolloff Law Office can help.  Call today: (612) 234-1165.

Minnesota Shoplifting Charges (Explained)

Shoplifting --- although a minor offense ---- can have major consequences (if not in court) then as it regards your future.  That's right - it could hurt your job (or ability to find work,) and could also keep you from getting certain benefits.  Your best bet - talk to an experienced Minnesota Criminal Defense Attorney - before you take any actions.

Can I travel outside the United States If I have been  convicted of a shoplifting case?
The answer in many cases is no. Many countries such as Canada, Mexico, and some European and Asian countries will not allow you to enter without special waivers and visas which can be difficult or impossible to obtain.  Since 9-11 many countries have upgraded security protocols for entry and many now search for criminal records at your point of entry.


Can I be fired from my job due to a shoplifting conviction? 
The answer is yes.  Unless you have an employment  or union contract that states otherwise your employer can generally terminate you upon learning of your conviction.  Most employment and union contracts however state that a criminal conviction is grounds for dismissal.

Can an employer discriminate against hiring me if I  am convicted of a shoplifting charge?  Yes, an employer  can discriminate and not hire you if you are convicted of a shoplifting charge.  Furthermore even an arrest for Shoplifting in Minnesota will be noted on your criminal record.

If my record is expunged, can my conviction for shoplifting still be used against me?
The answer to this  is yes in many cases, however, the grounds are too long to list here.  If you have specific questions - please call the Rolloff Law Office to set up a FREE CONSULTATION at (612) 234-1165.

What if I told the police or admitted to the store that "I did it" can I still have a lawyer represent me and  win my case:  The answer is yes we can still help you and maybe "win" your case but you must take the first step and call so I can review the facts of your case in the privacy of our office.  You do have rights just remember your Miranda warnings, but they are limited.

Can one of your shoplifting lawyers help me if I have  court tomorrow?
The answer is yes.  Although it is not  advisable to wait until the last minute to hire an attorney for a shoplifting case, we can still help you.  Obviously, the more time our lawyers have to work on your case, the better the results.  Its never to late to try.  We understand that many courts will may only give you a day or even a week to hire a lawyer before mandating your appearance in court and thus in most cases we can give you a same day appointment --- and it's FREE!

How much will it cost for representation?
The answer is: it depends! It could be a few hundred, it could be much more; it will depend on the lawyer you choose, the amount of time your case needs and the results that you want, whether you were arrested or simply notified of a pending charge and lastly, whether your case will be set for trial in superior or municipal court.  We do offer set fees, hourly fees and financing is available in some cases. The question is how much will it cost you if you do not hire the right attorney and get convicted, when you cannot find a job, your education is wasted and your family can not meet its financial needs?

Don't go it alone --- this is some serious sh*t.  Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165

Minnesota DWI License Restrictions (Explained)

It seems like every year, the State of Minnesota imposes harsher penalties upon those arrested for a Drunk Driving. This year is no exception, as effective July 1st, the legislature dramatically increased the license revocation penalties for Minnesota DWI offenses.  These penalties are imposed upon arrest.  If you need some assistance with a Drunk Driving arrest, your first best call is to an experienced Minnesota Criminal Defense Attorney.

How Bad is it?


When am I eligible for a limited license?

1st offense - (.08) BAC but less than (.16)

If this is your first offense and you are under (.16) BAC you may obtain a limited license fifteen days after the 7-day temporary license has expired (i.e. 22 days after the date of your arrest).

You will receive your full license after 90 days.  If you are under 21 years of age the license revocation is for a minimum of 180 days.

1st Offense - (.16) BAC or more

The license revocation penalty is for one year and you are not eligible for a limited license.

2nd Offense within ten years, or third offense on record of (.08) BAC but less than (.16)

The license revocation penalty is for one year and you are not eligible for a limited license.

2nd Offense within ten years of (.16) BAC

The license revocation penalty is for a minimum of two years.

3rd Offense within ten years

The license revocation penalty is for a minimum of three years.

4th Offense within ten years

The license revocation penalty is for a minimum of four years.

5th Offense or More Offense

The license revocation period is for a minimum of six years.

"Refusal to submit to testing" also carries the following penalties:

1st Offense Refusal:  The license revocation period is a minimum of one year.

2nd Offense Refusal:  The license revocation period is a minimum of two years.

3rd Offense Refusal:  The license revocation period is for a minimum of three years.

4th Offense Refusal:  The license revocation period is for a minimum of four years.

5th or More Offense:  The license revocation period is for a minimum of six years.

What Now?


The attorneys at the Rolloff Law Office experienced in challenging these license revocation procedures.  I provide a thorough and systematic analysis of every case and will exploit any weakness to defend the people I represent. I am available to discuss your case, seven days a week. Call me today and we'll take an immediate look at your case - (612) 234-1165.

Minnesota Shoplifting (Explained)

No criminal accusation can be more confusing and/or embarrassing as Shoplifting/Theft.  Not only can this little mistake or lapse in judgement cause you short-term problems (like having to have to go to court, pay fines, etc,) but the long-term consequences can be even more devastating.  This is why you need to know your rights and talk to a Minnesota Criminal Defense Attorney.

Under Minnesota law, Theft offenses are quite varied. Ranging from walking out of a store without paying for something or you might be alleged to have deceived someone for monetary gain. As a Minnesota Criminal Defense Attorney, I know the "ins" and "outs" of Minnesota's Theft laws and can make sure that you get the outcome you deserve while involved in the criminal justice system.

What Can a Lawyer Do?

As your attorney, it would be my responsibility to make sure your rights are protected at every stage of the criminal justice process. I also work to ensure that you get the best possible results on your case.

What Are the Consequences?


The type of charge and sentence you might receive depends on many factors and the circumstances surrounding the alleged offense. Number one: the value of the property or services your receive.

If the value is greater than $5,000 but less than $35,000 or the property is a trade secret or explosive, you will also face felony charges and up to 10 years in prison with fines reaching $20,000.

If the value of the property or services is more than $1,000 and less than $5,000 you will face up to 5 years in prison and fines of $10,000.

If the value is between $500 and $1,000 your charge will likely be a gross misdemeanor and your potential sentence could reach up to one year in jail and $3,000 in fines.

Many Shoplifting offense fall under this provision of the law:

Any cases involving property or services valued at less than $500 is a misdemeanor and punishable by up to 90 days in jail and fines of up to $1,000.


What Constitutes Theft?

There are numerous acts that constitute theft. If you do any of the following you could be charged with this offense:

• Intentionally take, use, transfer, conceal, or retain possession of property of another without consent and with the intention of depriving the rightful owner of possession;
• Obtaining possession, title, or services through false representation;
• Obtaining property or services from another by trick or swindle;
• Finding lost property and failing to attempt to find the right owner and surrender the property;
• Intentionally obtaining property out of a money operated machine without depositing money;
• Altering or removing identification numbers on property with the intent to prevent identification of rightful owner; and
• Stealing cable through unauthorized connections.

What Should You Do?

There are a many different Theft/Shoplifting offenses under Minnesota law. Many of them are confusing and very complex. To be certain you know what you are up against when facing theft charges in court, call to discuss your case today.

If you want to have your situation cleared up - call the Rolloff Law Office for a case evaluation.  We'll discuss the allegations against you, and let you know all the possible defense options, and what you can expect might be the most likely and possible outcomes.

Find out what we can do to help by calling us today: (612) 234-1165.

Minnesota Expungements - Clean Your Record (Explained)

If you have been arrested, charged,  or convicted of a crime, then you understand the negative impact a criminal record can have on your life.  In Minnesota, all of this criminal history data, including arrests without a conviction, are public information.  Many employers, landlords, financial institutes and schools perform criminal background checks on all applicants which means your past will continue to haunt you in the future. You may have trouble finding decent employment, finding a place to live, obtaining a loan or even getting into a school. Expungement can put an end to these constant problems.

If you want help, contact a Minnesota Criminal Defense Attorney - today.  If you think you want to go it alone - here are some helpful suggestions:

Learn What is On Your Record

The first thing to do is find out what information exists.  In Minnesota, the Court and the Bureau of Criminal Apprehension (BCA) each maintain a public criminal history database.  Searching these websites is free and easy.  This is a big part of the problem, but it is helpful when trying to find out what information is available to interested parties.

Minnesota’s district court’s database is located here.

BCA’s criminal history database can be found here.

Expungement Rules and Regulations

The rules of expungement are not set in stone because of some inconsistent findings between the Minnesota Supreme Court and the Minnesota Court of Appeals.  However, every expungement case is assessed on an individual basis but, in general, the following factors will determine your ability to have your conviction erased.

Amount of time since the offense.  As a general rule of thumb, wait at least two years to petition to expunge a misdemeanor conviction and longer for a felony.

Rehabilitation measures taken. In general, if you have displayed good public behavior since the arrest, avoiding any additional arrests, participating in counseling, anger management and/or rehabilitation as requested by the judge, then you will have a better chance of having your conviction taken off the record.

Case resolved in your favor.  If you were found not guilty or the case was dismissed by the judge or the prosecutor or you entered into a pre-trial diversion program (without entering a plea of guilt) you will have a much easier time expunging the record.  If the case was not resolved in your favor, the expungement request must be requested under the court’s inherent authority, which is a tougher process.

Drug offenses.  Certain drug offenses may be expunged pursuant to statute which makes the process easier.

Seriousness of the crime. Certain convictions can never be sealed, such as sexual assault and other offenses requiring post conviction registration.

The Rolloff Law Office can help you or someone you love with an expungement of a misdemeanor, gross misdemeanor or felony conviction.  Contact me today at (612) 234-1165 to set up a FREE consultation.  

Minnesota Criminal Sentences (Explained)

As a Minnesota Criminal Defense Attorney I get questions --- lots and lots of questions.  Here's one -about outcomes to criminal cases -- arranged from "best" to worst.

What are Some of the Different Types of Minnesota Criminal Sentences?

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): The state sets aside your case for a predetermined amount of time, and they dismiss the case after that period of time if you fulfill their conditions.
• Stay of Adjudication: The defendant offers a guilty plea to the court, but the court does not accept it. There is then a probationary period set with certain conditions. If the terms of the probationary period are met, the case is dismissed at the end of that period.
• Stay of Imposition: The defendant offers a guilty plea to the court which the court accepts, but does not impose the full sentence. There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
• Stay of Execution of Sentence: The defendant offers a guilty plea which the court accepts. The defendant is then placed on probation, with certain (or all) terms of the sentence are stayed (not given). For example, someone who is sentence to 45 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence: The defendant offers a guilty plea which the court accepts, and the sentence is imposed without any terms stayed. For example, someone who is sentenced to 30 days jail “executed” would actually have to serve that jail time.

Want to Know More?

Obviously, there's more to what goes on in court that can be set forth here.  If you have any questions about Sentences --- or anything related to your dilemma --- call the Rolloff Law Office today and set up an apointment for a Free Consultation: (612) 234-1165.

Minnesota Expungements (Explained)

The laws of the State of Minnesota allows individuals to expunge their criminal records in certain limited circumstances.

There are two types of criminal record expungement: “statutory expungment” and “inherent authority expungement.”  To get the total lowdown on an expungement, you should sit down a have a free consultation with a Minnesota Criminal Defense Attorney. 

Statutory Criminal Record Expungement

Statutory expungement in Minnesota is available (only) in certain limited circumstances, specifically: (a.) when someone has had certain controlled substance offenses dismissed and discharged; (b.) for certain juveniles prosecuted as adults; and (c.) for certain criminal proceedings not resulting in conviction.  For people that do not qualify for statutory expungement, there may be other options available, such as inherent authority expungement.

An individual that qualifies for statutory expungement and wants to proceed with the expungement process must formally petition the court. If the expungement petition is successful, the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except in certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Criminal Record Expungement
Inherent authority criminal record expungement in Minnesota is available to certain individuals that do not qualify for statutory criminal record expungement—individuals that were convicted of a crime through a guilty verdict (as the result of a jury or bench trial) or a guilty plea. This includes individuals who were convicted of a crime and received a stay of imposition of sentence or a stay of adjudication of sentence.

An individual that qualifies for inherent authority criminal record expungement and wants to proceed with the expungement process must formally petition the court. The petition includes such information as the crime sought to be expunged; the petitioner’s entire criminal record; and the reasons the petitioner is seeking expungement (e.g. for employment or housing purposes).

A hearing will take place after the expungement petition is filed with the court.  At the hearing the court will hear arguments from the petitioner; the state; and will also hear a statement from victim(s) of the crime sought to be expunged (if applicable).

After the expungement hearing the court will consider the petitioner’s argument; the state’s argument; and the victim’s statement (if one was provided).  The court analyzes several different factors when considering whether or not to grant expungement—including, but not limited to, the severity level of the crime sought to be expunged and steps the petitioner has taken to rehabilitate themselves since the conviction.

The court will either grant or deny the expungement after taking into consideration the above-stated parties’ arguments.  If the court grants the expungement the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except under certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

What To Do Next

The Rolloff Law Office offers a free consultations asa courtesy to potential clients. This evaluation will help determine whether potential clients may be eligible for criminal record expungement, pardon extraordinary, and/or return of arrest records.  The information you provide for the free evaluation is kept strictly confidential and used only for the purposes of the evaluation.  Call today and request an appointment: (612) 619-0262.

Minnesota Criminal Defense Questions (Answered)

As an expereinced Minnesota Criminal Defense Attorney I get questions - lots and lots of questions.  Here are some of the most common ones.

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, we provide personal legal services on a one-on-one basis, and our results-oriented approach to defending charges and our reasonable rates can allow you to have the quality defender you 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 Minnesota DWI charge?

Any DWI offense carries the potential of jail time. Under Minnesota Statues, chapter 169A, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. This is in a simple DWI offense, without any aggravating factors or a breath test refusal. If you have a prior conviction of 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 an attorney. 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 office defend?

The Rolloff Law Office is committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Assault, Drug Charges, Disorderly Conduct to any manner of Theft crimes --- from Misdemeanors to Felonys.  Expereince criminal defense representation unlike any youve ever known before - that's a promise.  Call today: (612) 234-1165.

Minnesota Implied Consent Law (Explained)

Believe it or not - any individual who chooses to drive, operate, or be in physical control of a motor vehicle is assumed to have already consented to a breath, urine, or blood test to determine the presence of alcohol or hazardous or controlled substance in the body.  (See ... the things you probably didn't know that you didn't know --- this is why you need to speak to a Minnesota Criminal Defense Attorney.)  This chemical test is administered only after a police officer has established that there is probable cause to believe a Drunk Driving violation has occurred and that the person has been subsequently placed under arrest.

When is Probable Cause Established?
Probable cause exists only after a police officer reasonably suspects an impaired driving violation by observing impaired driving behavior.  This is usually accomplished when the officer observes any erratic driving conduct prior to the traffic stop. It can also be effectuated after the officer stops a driver - in their subsequent interaction.  (Here, the cop is looking for slurred speech, bloodshot watery eyes and the accused's overall appearance.) The officer will also critique the driver’s performance on some Field Sobriety Tests. Generally, after these tests a thorough officer will ask the driver to perform a preliminary breath test ("PBT") test to confirm his belief of impairment.

If an officer believes that probable has been established, the officer may then place the driver under arrest and (only) after reading the Minnesota Implied Consent Advisory, request an evidentiary breath, urine, or blood sample.

The officer is required to read the advisory - explaining that the test is mandatory, refusal to take the test is a crime, and the driver has the right to consult or speak with an attorney before agreeing to take the test. The individual is given a “reasonable period” of time under the “totality of circumstances” standard to contact an attorney.

Blood or Urine?

It is the officer that decides whether to administer a breath, urine or blood test. The Minnesota Bureau of Criminal Apprehension (BCA) analyzes blood and urine samples and forwards the results to Minnesota Department of Public Safety (DPS).

If a driver is asked to take a blood test - the individual can refuse - and the officer has to be afforded him or the chance to take breath or urine test.  That right to refuse also extends to urine - meaning that you can say "no" and the officer has to offer blood or breath.  (The rational is that some individuals are adverse to needles and they shouldn’t be charged with the crime of refusal simply because of this fact. The same rational applies to those who are offered a urine test, but for some reason are not able to physically urinate at the time.) However, if you're offered a breath test - you are required to do as much - or you do subject yourself to possible legal consequences.

What Should You Do?

My suggestion to anyone facing a legal dilemma is "talk to a lawyer."  Honestly, you only get one chance (all too often) to take on these things.  Get the answers you need to make the next right decision - your future could depend on it.  Call the Rolloff Law Office today at (612) 234-1165 to set up a FREE Consultation. 

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. 

Minnesota Assault Charges (Explained)

What is considered an assault crime? Under the laws of the State of Minnesota, an assault is an act done with intent to cause another injury or imminent fear of injury in another individual.  This offense is generally broken down into a number of categories, or degrees.

If you are accused of an assault crime, then you could be looking at more than just a slap on the wrist. Most assault crimes are considered felony offences and come with a long term prison sentence, hefty fines and restitution to the victim if convicted.

Some of the various assault crimea that  Minnesota Criminal Defense Attorney J. Rolloff defends includes:

 First degree assault
 Second degree assault
 Third degree assault
 Forth degree assault
 Fifth degree assault
 Domestic assault
 Sexual assault cases

Living with an assault conviction can be extremely difficult. However, an assault accusation is not an automatic guilty sentence!

Do not accept defeat! If you have been arrested or accused of assault, then an experienced Minnesota Assault Lawyer will be able to assess your situation, determine your options for defense and ensure that your legal rights are protected before, during and after the court process.

An allegation, accusation or arrest does not mean you will be automatically found guilty – an experienced Minnesota Criminal Defense Attorney can help clear your name so you can move on with your life.

If you have been arrested for an assault crime, it is important to remain as calm as possible. Stay out of the limelight and avoid triggers that could make the situation worse. They may include drugs, alcohol and certain people. You want to avoid an assault conviction at all costs. Even after you have served your time, an assault conviction will remain on your permanent criminal record which can be accessed by potential landlords, employers, schools and financial institutes. They may be hesitant to work with you if you have this serious felony offense on your record.

What is at Stake?

If you are charged with assault, you are looking at anywhere from 90 days in jail to 20 years in prison, depending on the severity of the crime and the circumstances surrounding the events. You could also be looking at a fine of anywhere from $1,000 to $40,000.

While first, second and third degree assault crimes are considered felony offenses, fourth and fifth degree crimes are considered gross misdemeanor and misdemeanor offenses. If this is not your first offense, you could be looking at an even longer jail term. In some instances, an assault accusation may be linked to another crime, such as a robbery or a sex crime. You could also be looking at even more severe punishments if you are facing more than one degree of assault or if you have a past criminal record or history of assault.

What Should You Do?

Minnesota Criminal Defense Attorney, J. Rolloff has years of experience - from both sides of the aisle - in all manner of assault case and can provide you with the legal services you need during this difficult time. For affordable payment options, aggressive representation and confidential legal advice when you need it most, contact The Rolloff Law Office today at (612) 234-1165.

Minnesota Criminal Defense FAQS

As an experienced Minnesota Criminal Defense Attorney, I gets questions - lots and lots of questions.  To save you some time - and money - here are some answers to those most frequently asked.

What type of crime have I been charged with?

There are four different levels of offenses in the State of Minnesota: Petty Misdemeanors, Misdemeanors, Gross Misdemeanors, and Felonys. These are best identified by the possible sentence you could receive if you were convicted of one of these offense.

• A Petty Misdemeanor is a non-criminal offense punishable only by a maximum $300 fine.
• A Misdemeanor is punishable by up to 90 days in jail, and/or a $1000 fine.
• A Gross Misdemeanor is punishable by up to one year in jail and/or a $3000 fine.
• A Felony is punishable by over one year in prison and/or more than a $3000 fine.

I have been charged with a crime. What are my rights?

Your number one right is to have an attorney represent you.

Short of offering your name and date of birth, you do not (let me repeat that: DO NOT) have to talk to the police about the crime you have been charged with. If you choose to talk to police you have a right to have an attorney with you when you do so. An experienced Minnesota Criminal Defense Attorney can assist you in making that decision.

What will happen if I am convicted?

If you are convicted of a crime the court will impose a sentence that may include any of the following:

• Jail or prison time
• Fines
• Community Service
• Electronic Home Monitoring
• Probation conditions, such as:
  o No-contact orders
  o Programming and/or Education requirements (such as: Anger Management, DWI Education, MADD Victim Impact Panel Attendance, etc.)
  o Abstinence from chemical use (alcohol and drugs)

In addition to jail time and fines, there are other possible consequences (collateral consequences) if you plead guilty or are found guilty at a trial.

• Traffic offenses and DWI offenses may result in your driver’s license being suspended or revoked.
• If you are convicted of a felony, you will not be allowed to possess a firearm under state and federal law.
• Conviction of certain offenses can require you to register with the State as a predatory offender.
• Conviction of certain offenses may result in suspension or revocation of certain professional licenses.

What can a criminal defense attorney do for me?

Not ot put too fine a point on it but the legal system is complicated and confusing. An experienced Minnesota Criminal Defense Attorney, such myself:

• Represent you while your case is being investigated and try to prevent criminal charges
• Challenge evidence against you and make sure illegally obtained evidence or inadmissible evidence is not used at your trial
• Determine whether you have any legal defenses to the crime you have been charged with that could result in the charges being dismissed or an acquittal at trial.
• Negotiate with the prosecutor to get you the best outcome possible if you decide to plead guilty to the charges.

If you even think you might need a lawyer - feel free to call the Rolloff Law Office and set up a free consultation.  Call today: (612) 234-116

 

Minnesota DWI Court Process (Criminal Cases)

Minnesota Drunk Driving cases - once they end up in court - go down a couple of different roads.  If you are arrested for DWI, not only will you be subjected to the possibility of criminal consequences but in another proceeding (unrelated to the criminal charges) you'll also be faced with the dilemma of losing your driving privilege. 

Here, we'll cover the criminal case DWI process - in another post I'll describe the civil case process.  Of course, this is but a rough out line of what you could face - as each Minnesota DWI case is different.  If you've been arrested for Drunk Driving, your best bet is to speak with a Minnesota Criminal & DWI Attorney about your unique options.

Minnesota DWI Criminal Process
Throughout your case, you may be required to attend a number of court appearances. 

1. The Arraignment

This court appearance is the first court appearance scheduled when the crime being charged is a misdemeanor or lesser offense --- not a gross misdemeanor or felony.  Your presence at this appearance may or may not be required depending on the county and/or court in which you are being asked to appear. 

If you are charged with a misdemeanor DWI, you can often avoid appearing for this first court date by hiring an experienced Minnesota DWI Attorney.  If your appearance is necessary, this is simply an opportunity to either:  (a.) enter a plea of not guilty and schedule a pre-trial (explained below) or (b.) attempt to resolve your case either through dismissal of charges, plea negotiation or other available means. 

 2. Pre-Trial Hearing

This "2nd" appearance goes by a number of different names.  Generally speaking, your presence at this appearance is required. In short, this court appearance is simply to determine if the case can be resolved without the need for further court appearances. 

This appearance is an opportunity for your attorney to:  (a,) speak with the DA about the status of the case and possible resolutions; and/or (b.) arrange for the exchange of additional evidence; and/or (c.) schedule a Contested Probable Cause Hearing (explained below); and/or (d.) schedule the matter for Trial.  In any event, typically no evidence is presented at this hearing and no witnesses need be present.

 3. Contested Probably Cause Hearing

Again, your presence at this court hearing is often required.  At this hearing, your attorney will either:  (a.) request that the Court dismiss all or some of the criminal charges against you; and/or (b.) request that the Court not allow the prosecution to admit some or all of the evidence against you (which can sometimes lead to the dismissal of the charges referenced above). 

Normally, this court appearance will require the presence of any arresting officer or other persons who participated in gathering any evidence that would be offered by the opposing party against you.  On occasion, it may be necessary for your attorney to arrange to have witnesses (who can testify on your behalf) to participate at this court appearance.

4. Trial

Your presence at this court appearance is definitely required.  At this appearance, your case will either be resolved (discussed in general in the Arraignment section above) or continued to a trial.  You have a Constitutional right to have a trial before either (a.) a jury of your peers or (b.) a Judge In either event, you are presumed innocent unless and until the prosecution meets its burden in proving all the elements of the crime charged beyond a reasonable doubt.

5. Sentencing
Your presence at this court appearance is also required.  At this court appearance, the Judge will hand down your sentence (if you have plead guilty and/or have been convicted,) which may involve the stay of imposition of time in jail, fines and other conditions of which you must abide by during the term of your probation.  An experienced Minnesota DWI attorney may be able to negotiate an alternative to jail - such as treatment, Electronic Home Monitoring, release programs or community service.  If your case comes to this, we'll have an opportunity, prior to the sentencing, to discuss the possible outcomes.

Before any of what is set-forth above, if you have been arrested for a DWI, you owe it to yourself to speak to an attorney to learn what's in store for you.  Call the Rolloff Law Office today - at (612) 234-1165) - to speak to someone who knows what you'll need to know.  All initial consultations are FREE - so do it!

Were You Read Your Rights?

If there's one question about arrests that I, as an experienced Minnesota Criminal Defense Attorney, answer more than any other it's about the reading of your rights.  Maybe it's because of all of the cop shows on TV, but individuals really know that the police have to read you your rights - but what is often lost in all of the info-tainment is the why, the when and the how of the Miranda warning.  Hopefully this post clears up some confusion.

What's Required?

"In Custody" Requirement This definition is important, and often raises issues which must be sorted out by the court in an evidentiary hearing. You must be in custody for this law to apply to you.

What does it mean to be in custody? In Minnesota it generally means that you are not free to leave, and this restraint must not just be temporary. However,k courts will allow people to be held for officer's safety without implicating the Miranda warning.

Now, while I would never agree that there is a proper distinction under the Miranda case law, many judges do. So, as aggressive Minnesota Criminal Defense Attorney working for your freedom, I'll work to draw the court's attention to case law which supports your facts and argue application of Miranda.

"Interrogation" Requirement Interrogation or questioning is the second component of the Miranda rule. "Interrogation" usually means the police are asking you something more than your name and you are responding to those questions. If you volunteer information to the police and just start talking to them, it is completely admissible against you - even if you are in custody. So, don't volunteer information to the police. We always advise our clients to never give any statements to police, but those you volunteer are the most dangerous.

Remedy for a Violation of the Miranda Rule

People call tell me all the time that the police did not read them their rights, so they want the case dismissed. Sorry to say - it just doesn't work like that.  The best case scenario for a violation of the Miranda rule is that what you said will not be admissible at your trial. Now, this can be a huge development in your case. However, many times it is not that important because police have the same evidence you gave them from other sources.

What Should You Do?

My best advice is to not make any statements to the police. They are not your friends and there is only one reason they want to talk to you: to gain evidence to use against you. They often do not care about what actually occurred and are only trying to gain information to use against you. Don't be fooled into thinking they are your knight in shining armor and will save you. They are your opponent. Your criminal defense lawyer is your only friend.

So, if you are contacted by police or arrested, be smart, exercise your right to remain silent, and call us the Rolloff Law Office at once, at (612) 234-1165. Together, we can protect your future.

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 Jury Trials (Explained)

As any experienced Minnesota Criminal Defense Attorney will tell you --- very few criminal cases ever proceed to trial.  The fact of the matter is either someone is clearly guilty of the offense and will settle to get a good deal. Or the government's case is so poor that they'll decide to dismiss or put such an appealing offer on the table that even an innocent party will feel compelled to take it, after weighing the "worst-case-scenario" outcome they could face if the prosecutor got lucky.  That being said, you know who else has "issues" about jury trials?   Judges do.  After more than a decade of working with them, I think I finally understand why.

1.

There are two main reasons judges dislike jury trials: When a lawyer becomes a judge, they are idealistic and proud to be in this noble system of justice. Yet, over time, they grow frustrated with results beyond their control. After presiding over thousands of cases, they start to develop an opinion about what is "right". While judges get to sentence people and tell lawyers what is right and wrong in Drunk Driving, Assault and  Theft cases that plead out, they have no control over the issue of guilt or innocence when a jury is involved.

I believe that (at some level) judges resent this loss of control and develop something of a complex. They like being in charge - and when a case's decision is up to a jury they become somewhat resentful because it denies them the control they crave. 

2.

The second reason? Calender control. The judge's calender is a delicate science - bordering on art. As our society erodes from the consequences of our moral promiscuity ... crime soars. This increase means that each judge is required to handle more cases. Adding many new cases a week, over time, creates an unmanageable docket. This time crunch could force judges to cut corners if they don't want to work around the clock -  and jury trials are time hogs

A judge can conduct a court trial, without a jury, in a third the time it takes to do a jury trial. There are many procedural steps a judge must ensure with a jury. Juries can't hear certain evidence. Juries must constantly be instructed on the law. The list goes on and on. Jury trials simply take a lot of time. In a world where judges don't have time, they look for ways to cut corners and be more efficient - even at the expense of defendants. Judges can do this in every area except jury trials. As such, jury trials become time hogs and judges may come to resent them.

What This Means to You.

The downside of this trend is that if a defendant forces his case to a jury trial, the judge could well hold it against that person at sentencing - if they lose. As an example, a case which might have settled for straight probation if concluded as part of a plea agreement, might cost the guilty defendant some jail, if not prison, after a jury trial. However, there is also a benefit to this judicial trend. Since judges hate jury trials, they are becoming more accepting of generous plea bargains. That is good for defendants.

What Should You Do?

If your case has the potential to go to trial, be smart and increase your chance of success by exercising your right to remain silent, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your future.

Minnesota Expungements (Explained)

In difficult economic times, having a clean criminal record is more important than ever. Someones criminal history may affect their efforts to find employment, rent an apartment, obtain a bank loan, obtain certain licenses, and/or receive government benefits.

Due to changes in technology, information about an individual's criminal history is easily available. These records are no longer necessarily private - stored in some basement filing cabinet.  Rather, they can often be accessed with just a few clicks of one's mouse over the Internet.

What is Expungement?

Expungement is a legal process that permits qualified individuals to have their criminal records sealed or destroyed.  If you have questions about this process - and what you can do to earn an Expungement - your first, best step should be to call an experienced Minnesota Criminal Defense and Expungement Attorney. 

Statutory Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain, limited circumstances. Essentially there are two types of Minnesota Criminal Expungements: Statutory and Inherent Authority.

Statutory Expungement  

Statutory Expungement is available in very limited circumstances, specifically: (1) When someone has had certain controlled substance offenses dismissed and discharged; (2) for certain juveniles prosecuted as adults; and (3) for certain criminal proceedings not resulting in conviction.  Often, these conditions do not "fit" most individuals circumstances; therefore, there is also the Inherent Authority option.


If you qualify for a Statutory Expungement and want to proceed with the process, you must formally petition the court. If your petition is successful, the court will issue an order sealing the records and prohibiting their disclosure to the public - except in certain limited circumstances. The Expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Expungement

As things currently stand, an "inherent authority of the court" Expungement is probably the least attractive option, but (as set forth above) it is often the only remedy available to most people who pled guilty or were convicted of a criminal offense.

The factors that the court uses to decide this type of Expungement includes, but is not limited to, the severity of the crime, how long ago it occurred, whether you have had any other problems with the law, if you have been rehabilitated, and the reasons for seeking the Expungement. Ultimately the court must weight the individuals need for the relief that an Expungement affords versus society's need to maintain accurate records of criminal convictions.

What Can You Do?

The best way to ensure that you are eligible for an Eexpungement is before you plead guilty to a crime. The cornerstone of my practice is the work I do to resolve cases so that my clients are eligible to clear your record in the future.

If you have been charged with a crime and want to obtain a result that will allow for the possibility of future Expungement, or have a previously resolved case and are interested in an Expungement, you need an experienced legal advocate to fight for your rights. To learn more, contact the Rolloff Law Office, today, at (612) 234-1165.

Minnesota Assault Charges (Explained)

Assault is a very serious charge that can result in substantial jail time and fines depending on the circumstances.In many cases, an Assault charge is the result of a fight where the alleged victim is either the one who called the police, or got the worst of it, regardless of who actually started it.
But when you are facing a serious criminal charge, you need an experienced Minnesota Criminal Defense Attorney to argue on your behalf, and work to get the charged reduced or dismissed.
And you need to act quickly, before you lose your chance to file motions in court on your behalf.

What is Assault?

Under Minnesota criminal law, the crime of Assault is charged at different levels based on the intent of the attack, the level of harm caused, who the victim was, and whether or not a weapon was used.  One's criminal history also comes into play when considering the level of crime - from Misdemeanor to Felony - that is charged.

Due to the fact that such designations are so fact specific, it is important to speak with an attorney about your case to ensure that you're not being overcharged.

How to Beat a Minnesota Assault Charge

There are many different ways to successfully win a criminal assault case in court. To get the charges reduced, I will often contest the intent of the accused, or challenge the degree of the injury.  To get a case dismissed, I will argue that the fight was mutual, or that the other person started it and it was self defense. These cases can be complicated, and how I would actually proceed really depends on the facts of your case.

Your Next Step

As a former DA, I've been on both sides of these cases.  I know how hard they are to prove and what needs to be done to defend my client to ensure that their rights and freedoms are upheld.  Before you decide to go it alone, call The Rolloff Law Office and set up a FREE consultation, and after reviewing the facts I'll tell you exactly what I can do to help you.  Call today: (612) 234-1165.

Minnesota DWIs - Clean Your Record (Explained)

As a Minnesota Criminal Defense Attorney, I'm often asked by individuals charged with Drunk Driving how long a conviction will stay on their record, or if the can come back at some future date and have the charged Expunged.

The bad news is that in the State of Minnesota a DWI will stay on a person's record forever, and it can NEVER be erased.

Why?

A Minnesota DWI is both a Criminal and Traffic Offense. As such, a conviction for a Drunk Driving goes on both a person's Driving and Criminal Records. Beyond that, a DWI is what's called an enhanceable offense - meaning that prior convictions can be used to elevate/increase the penalties (and designation of) future offenses of a same or similar nature.

Under Minnesota Law, as revised a few years ago, a combination of three prior alcohol-related driving offenses within the previous 10 years can result in a Felony for a fourth such offense (in that same time span.)

The rationale, I presume is that if a DWI is  expunged, a person could avoid being charged with subsequent felonies - avoiding the sorts of Free Passes for DWI's that no politician is ever likely to back.

What Should You Do?

The best way to keep a DWI off of your record (short of not being charged with one in the first place) is to have someone on your side - if you're in fact charged - to ensure that it is fought so that your future is preserved. 

I've defended individuals charged with DWIs - and I've earned them outcomes that preserved their otherwise clean records.  Call the Rolloff Law Office today to ensure that you have someone working for you to hold the government accountable - (612) 619-0262.