Consequences of a MN DWI Arrest/Conviction

Getting a DWI is nobody's idea of a good time.  These are some of the things that might happen to you.  

Financial Consequences

In addition to the fine imposed in a conviction for a DWI there are a myriad of other financial consequences:

• Loss of job / loss of professional license — invaluable;
• Costs of alternative transportation — hundreds, maybe thousands;
• Vehicle Forfeiture; 
• License reinstatement fee — currently $680;
• Alcohol assessment fee — $300–$1,000;
• Probation / Jail fees — 100s;
• Increased automobile insurance costs — thousands over the course of the following decade;
• Increased life insurance premiums.

Administrative Consequences 

The following administrative consequences follow an arrest for DWI.  An experienced Minnesota DWI Lawyer can challenge these consequences in a civil judicial hearing that is independent of the criminal proceedings. The administrative consequences of a DWI have complicated and critical timing requirements.  A knowledgeable Minnesota attorney can help you navigate this process and avoid avoid these harsh administrative consequences.

License Revocation

Following an arrest for a DWI and/or a test failure or test refusal --- your drivers license will be automatically revoked. The revocation period will depend on variety of factors: (a.) your prior DWI history, (b.) your BAC, (c.) your age, or other aggravating factors. Depending upon your circumstances --- you may be able to obtain a limited license for driving to work, school, or abstinence based support groups.

License Plate Impoundment

License Plate Impoundment is a particularly harsh administrative penalty.  Depending on your history and the circumstances of your arrest, your license plates may be impounded.  Your plates may be impounded if:

• if the driver has a BAC of .16 or greater;
• if the driver has a prior DWI or alcohol-related driving offense within the previous 10 years;
• if there was a passenger under the age of 16 present in the vehicle; or
• if the driver was driving after his/her license was cancelled, regardless of alcohol impairment.

The vehicle used in the offense is subject to plate impoundment as well as any vehicles jointly owned by the driver.  “Whiskey” plates (plates beginning with the letter W) may be obtained (at an additional cost) if the driver(s) of the vehicle(s) has a valid license.

Vehicle Forfeiture

Vehicle Forfeiture is the most severe administrative sanction.  Under Minnesota law, a prosecutor may seize the motor vehicle used in the commission of a first or second degree DWI or test refusal, a DWI offense while the driver’s license is cancelled as inimical to public safety, or a DWI offense while the driver’s license is subject to a no use provision (B-card).

A vehicle can be seized immediately upon the driver’s arrest for one of the above qualifying offenses—regardless of whether the driver was the lawful owner of the seized vehicle!  Upon seizure the police must provide the driver and owner with a seizure notice.  Minnesota law presumes that the vehicle seized is subject to forfeiture.  In order to prevent forfeiture, the driver must take judicial action in civil court.

The administrative consequences of a DWI arrest are complicated.  A knowledgeable Minnesota defense attorney can assist you in avoiding or limiting these harsh consequences.

Other Consequences of a DWI Conviction

A DWI conviction may also result in the loss of a professional license.  And of course a conviction will make it more difficult to obtain employment—especially for any position that may require the use of a vehicle as part of your regular duties.

The Rolloff Law Office can help you evaluate your case and improve your odds of avoiding the harsh consequences of a DWI conviction.  Call today: (612) 234-1165.  

Hennepin County Juvenile Defense Attorney

 

As a parent, you want what is best for your child ... to ensure that their son or daughter is healthy, happy, and cared for and that he/she grows up to be a prosperous member of society --- right?  In some cases, however, children can make mistakes and may face criminal consequences as a result --- this is why you should consider seeking out the services of a Hennepin County Juvenile Attorney.  

When you hire a Minnesota Criminal Defense Lawyer, you will be working with someone who is going to work with you to pursue your child's case throughout the legal process.

Juvenile courts in the State of Minnesota have a goal of making sure that offenders are rehabilitated and released back into the community so that their future's are not compromised; however, in some cases, courts may try to make an example out of a child and prosecute them at the adult level. An experienced juvenile attorney can aggressively defend your child's case and pursue the best possible resolution for his or her situation --- in all of these ares: identifying and addressing any collateral consequences, possible issues related to probation, delinquency rights ... and keeping these matters out of adult court. 

Although this time in your child's life can be difficult, it is absolutely essential that you retain the representation of an experienced attorney to help you understand the juvenile justice process.

You do not have to face the Minnesota Juvenile courts alone, and when you work with the Rolloff Law Office.  If your child has been arrested or summoned to appear in juvenile court, do not hesitate to contact us now to set up a FREE CONSULTATION. Working with a lawyer can help make all the difference in the outcome of your child's case and can help provide him/ her with a sound future.  Call today: (612) 234-1165

Minneapolis Prostitution Attorney (Affordable)

Prostitution is the act of performing sexual acts in exchange for money. If you have been accused of prostitution you need an experienced Minnesota Criminal Defense Attorney to help you fight the charges.

Prostitution Charges (Explained)

When someone is arrested for prostitution, it is because the officer is arresting them for allegedly loitering for the purpose of soliciting sex from an individual. Many officers work undercover as johns and as prostitutes so they can arrest johns looking for sex from prostitutes.

Not all of these acts are indicative of prostitution. This is why a person can be falsely accused of prostitution.

In the case that an undercover officer is used, they pose as johns or as prostitutes and they look for key elements, such as the discussion of what acts will occur and how much it will cost. However, there can be problems with this process and the arrest procedure itself. If rights are violated, then the arrest can be deemed invalid. This type of undercover work can be considered entrapment.

Defenses (Explained)

All too often, officers go undercover --- and that can or cannot be considered entrapped, even if the accused feels like they have been entrapped. These types of sting operations are allowed for a variety of reasons without them being considered entrapment.

The key to this type of operation is what kind of non-verbal and verbal communication occurred. Your Minnesota Criminal Defense Attorney will dig deeply to find out what happened right before the arrest and will also thoroughly examine the police report, as well as interview witnesses. All of this information is used to create a strategic defense for you. Revealing the facts and using the law as it pertains to those facts will help build a strong case.

Prostitution is a serious crime - insofar as it is considered a type of sexual offense.  So, if you or someone you love has been arrested for as much the consequences can be rather harsh if convicted. If you have been accused of prostitution, you do have rights and the right to exercise them. To do this, you need a kick-ass, affordable attorney to help you. To find out what the Rolloff Law Office can do for you and your case, call (612) 234-1165 to schedule a free consultation.

What To Do When you're Arrested (Explained)

Almost every cop show on TV has suspects doing the exact opposite of what an experienced Minnesota Criminal Defense Attorney would recommend you do in the same situation.  Another way TV and real life are not remotely alike ... bummer.

Here's What You Should Do

To avoid any unnecessary drama, if possible, you should do the following if you're ever arrested:

1. Remain calm.
2. Do not resist arrest. Minnesota law does not allow the right to resist an arrest, even if you believe it to be an illegal one. 
3. Do not make any statements to the police. Anything you say can and will be used against you in court. Your actions, if arrested, should be simply to say: “I would like to speak with my attorney.” This is your legal right, and the only thing you should say. 
4. Never lie. You are under no obligation to speak to law enforcement authorities. However, if you choose to speak to them, you are obligated to speak truthfully. If it can later be shown that you provided false information, you could be charged with making false statements or aiding an offender to escape arrest or prosecution. 
5. Do not give permission to search anywhere. If the arresting officer asks, it’s generally because he/she knows that they don’t have the right to search and need your consent. If you are ordered to hand over your keys, state that they do not have your permission to search. 
6. Do not believe what the police tell you in order to get you to talk.The law permits them to lie to a suspect in order to get you to make admissions. 
7. Do call your lawyer. You do have the right to make a local phone call and the police cannot listen if you call a lawyer. 
8. Do not invite the police into your home nor should you “step outside.” If the police believe you’ve committed a felony, they usually need an arrest warrant to go into your home to arrest you. If they ask you to step outside, they no longer need a warrant. Simply state that you’re comfortable talking right where you are. 
9. Do not accept an offer by police to let you go inside if you are arrested outside. When the police escort you inside, they’ll likely conduct a search without a warrant. Decline offers to secure your car safely for the same reason. 
10. Do have cash on hand to make bail. If you don’t and you are arrested on a Friday night, you’re in for a long week end in jail.

The truth is - in situations like an arrest --- the cops are not your friends.  They have a job to do --- and all too often that gets in the way of their ability to access common sense.

If you or someone you live needs help --- call a lawyer!  Get free answers by calling the Rolloff Law Office: (612) 234-1165.  

Charged w/ a Crime Doesn't Mean You're Guilty (Explained)

Sure, it probably comes as no surprise that many (if not most) people accused of crimes are in fact guilty --- maybe not of the crime they're charged but something - right?

Negotiator

All too often, individuals often come to me with little or no hope, wondering what (if anything) can be done.  One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with.  An experienced Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.  In addition, a lawyer is often able to negotiate a favorable settlement, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two --- or the level of the charge from say a Felony to a Misdemeanor --- then the fees you're charged ill have been well worth it.  Additionally, good lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Counselor

Lawyers play many roles --- all too often those accused of crimes are often in need of something more than merely being represented in court.  Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as a chemical addiction or a mental health issue.  Criminals may do bad things, but I firmly believe they are not bad people.  Generally speaking, their biggest problem is what could be described as a “lack of foresight” or exercising poor judgement.

A lawyer can help counsel their client, advising them to address any underlying issues.  This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable.  Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.

There is a balance that must be struck, however.  Those accused of crimes do not need another person to lecture them on their mistakes.  Most already acknowledge that they screwed up somehow, and most are ready to make a change.  It is the lawyer’s role to encourage them and assist them in making the changes they want to make.  One of the very best parts about being a Minnesota Criminal Defense Attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better.  Rather than focusing too much on the past, I believe it is best to focus on the future.  Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.

If you or someone you love is looking for help with a legal issue - please call The Rolloff Law Office today to set up a FREE CONSULTATION and start down the path of doing the next right thing.  Call today: (612) 234-1165

Fighting a Minnesota Arrest (Explained)

Because I've seen it more times than I care to count (and even I've lived it,) if you have been accused of a crime, my guess is that it has caused to experience a lot of confusion, anger, and a lot of doubt regarding your future. Even if the cops got it wrong, you can't help feeling that if you're convicted, you know that your life could forever change.

Fortunately, just because you've been charged with an offense you do not necessarily have to be convicted of it ... and even if you are --- you don’t have to receive the harshest penalties the law has to hand down.

How?  How about working with an experienced Minnesota Criminal Defense Attorney?

What To Do After An Arrest


If you have been arrested for Drunk Driving, Theft, Domestic Assault, Criminal Sexual Conduct, a Drug Crime or any criminal offense, you should not say anything to the arresting officer or anyone else asking you questions until you have talked to a lawyer.

An experienced Minnesota Criminal Defense Attorney will guide you through the arrest process and also be present with you during questioning so that you do not incriminate yourself. Even if you believe what you are saying is not going to incriminate you, you would be surprised at what can be misconstrued and used against you.

Kick-ass Representation

The key to successful representation is being aggressive while also giving you the legal and the moral support that you need to reach a satisfactory resolution to your case.

Strategies are created to show that there may be reasonable doubt that you committed the crime or that the offense was not as severe as the charge. There are areas of the law that can render charges against a person invalid, so they may be reduced.

What Should You Do

At the Rolloff Law Office, you'll have experience working for you - experience as a former prosecutor.

Trust me, you need someone who has represented individuals charged with all kinds of offenses - at all levels -  and earned successful results.

The Rolloff Law Office  has a history of helping people avoid prison time, even when convicted. The reason for this is powerful negotiating skills when it comes to negotiating sentencing for clients.  Call today for a FREE consultation: (612) 234-1165

Do Not "Just Plead Guilty" to a DWI - Ever

There are things you regret in life, right?  Lost loves; great deals gone bye-bye, that time you should've zigged - but instead you zagged...  I am all for feeling down about the dumb things we do. The fact is we're human beings (as opposed to robots) and from time to time we will do dumb things - a lot of dumb things - and afterwards we often feel bad about it.  That being said, if that dumb decision leads to you being charged with Drunk Driving, don't compound the situation by doing something even dumber. Seriously, if you've been charged with a DWI (or any other crime) you owe it to yourself to speak with an experienced Minnesota Criminal Defense Attorney to help you with the situation. Here's the reason why.

A DWI conviction is unlike every other criminal conviction. There is no doubt that Drunk Driving is a bad thing, but so is driving while texting. But, because DWI has been saddled with such a negative connotation, lawmakers have created some extremely harsh penalties. For example, there are often mandatory jail sentences for first-time offenders, in addition to mandatory fines, license suspensions, increased insurance rates, and as of July 1, 2011, (here in the State of Minnesota,) the possibility of mandatory interlock ignition equipment. You'll also most likely be ordered to perform some sort of community service, submit to a mandatory alcohol assessment (and to follow all of the recommendations that come from it) and there is often a probationary term. If you hire an experienced Minnesota Drunk Driving Attorney, like me, to help you, a great deal of that can usually be avoided.

Alas, far too many people assume that because they've been arrested (for doing something "wrong"), they should own up to it. No offense, but if you do that, you're foolish.

In our state's criminal courts it's the government's burden to prove that the accused is guilty - beyond a reasonable doubt. That is a right that our forefathers fought for - why not use it?  If you go into court, believing that your doing the "right" thing by just pleading guilty - and expecting the system to understand - I'm sad to say, it just doesn't work like that.

What you get for your trouble is a DWI on your record -and everything that goes along with it. But, if you taken the time to hire an experienced Minnesota DWI Attorney and set him to go to work for you - you'll have someone on your side giving your desires a voice and you'll know that your rights will be protected.

In the end, we all get to make our own decisions - we all get to make our own mistakes. But every hard lesson need not come with the most severe punishment  Being altruistic, falling on your sword to show you take responsibility for what you've done, doesn't really win you any points with anyone. All it does is make your life harder.

If you are charged with a DWI, don't just go in and just plead guilty. Hire an experienced Minnesota DWI Attorney as soon as you can, and fight for your rights. Not only does this decision help you have some say in the punishment you'll receive, it will also demonstrate that in fact you are taking this matter seriously. 

Bail - Explained

If you're arrested, taken in to custody - and held in a cell until you get before a judge - odds are you'll be subjected to some conditions of release. Often these can included restrictions on your behavior - such as in the case of a DWI or Drunk Driving arrest - where you could be ordered to abstain from using alcohol.  You might also be ordered to pay some sort of "reasonable" bail.

Why Do I Have to Pay a Bail?

Bail is generally imposed in situations where public safety is implicated or if there's some doubt that the arestee might not return for future court dates. There are also situations where judges must - by law - impose a mandatory bail.

Arrested individuals have a right to a “reasonable” bail. Usually, the judge initially sets it according to a pre-determined county-wide bail schedule. However, a judge can deviate from that schedule. Usually, this is done after examining the facts surrounding the crime charged and the background of a particular party.

For example, a defendant charged with a first time DWI - who has no criminal history and extensive ties to the community such as a family, job, and property ownership - will likely be able to have his bailed reduced to nothing. When bail is reduced to zero, the judge is releasing the the person “on his own recognizance.”

A judge may also deviate from the bail schedule by increasing bail. This is common where a judge finds that an individual has a lengthy criminal history, is a risk to flea the community and not appear for court in the future, or may be likely to harm another person while out on release. When someone is facing a lengthy sentence - like life in prison - bail can even be denied altogether.

What to Do if You're Arrested

When a person is arrested and taken into custody, their most pressing concern is often getting out jail. However, it is often a wise decision to make your first call to a Minnesota Criminal Defense Attorney - first - and the bail bondsman - second. This is because an experienced lawyer will be able to negotiate the possibility of lowering your bail and/or maybe get you released with no bail at all.  Additionally, an attorney, having experience in these matters, will be able to find a reputable bail bondsman on your behalf.

Buying a Bond

When an arestee "makes bail” this means that he has put forward a specified amount of money (to the court) in exchange for being let out of jail - promising to return to court in the future. If and when the case is ultimately resolved, the bail is "exonerated" - and the full amount of money is returned (minus any fines that the court might impose.)  If the arestee fails to appear in court - the bail can be forfeited and as such the money is kept by the court.

Individuals who cannot afford to pay their bail - because the don’t have large amounts of cash just lying around - often will contract with a bondsman to put up the money for them. Generally, a bondsman will charge 10% of the total bail - and require that some sort of collateral is also promised - before doing as much. For example, if the bail is $12,000 (the common amount of bail sought for a 2nd time DWI charge), the arestee must pay to the bondsman $1,200 - plus put up some form of collateral, such as the title to their car or right to other valuable property. If and when the case ultimately resolves itself - and the arestee does not skip out on bail and returns to court as scheduled - he will get his collateral back but the $1,200 he paid to the bondsman stays with him or her.

Your First Best Call

If you or someone you love has recently been arrested and taken into custody, you owe it to yourself to contact an experienced Minnesota Criminal Defense Attorney.

DYK: April 21 is Distracted Driving Enforcement Day?

If you've heard it once - you've heard it a thousand time - Distracted Driving is as bad as (if not worse than) Drunk Driving. As such, a concerted effort is underway today in the State of Minnesota to bring attention and awareness to the dangers of distracted driving - where by some counts, almost 70 deaths and 350 injuries can be directly attributed.  

Following a tragic accident in St. Louis Park, where a motorcyclist was nearly killed recently, this heightened patrol could not be more timely. So, how can you prepare yourself - and avoid a ticket?

What to Know

Generally speaking, the police are seeking to address four categories of distraction:

• Visual - looking away from the road;
• Physical - taking hands off the wheel to use a cell phone or adjusting radio/music device;
• Cognitive - being “lost in thought” or focusing on a conversation, which results in less situational awareness;
• Combination of the above - reading a map or texting while driving.

Some Suggestions

• Cell phones — turn them off or place them out of reach so you're not tempted to dial or answer. If a passenger is present, ask them to handle calls/texts.
• Music and other controls — pre-program favorite radio stations for easy access and arrange music (mp3 player/CDs/tapes) in an easy-to-access spot. Adjust mirrors and heat/AC before traveling, or ask a passenger for help.
• Navigation — designate a passenger to serve as a co-pilot to help with directions. If driving alone, map out destinations in advance, and pull over to study a map.
• Eating and drinking — if you cannot avoid food/beverage, at least avoid messy foods, and be sure food and drinks are secured.
• Children — teach children the importance of good behavior in a vehicle; do not underestimate how distracting it can be to tend to children while driving.
• If you’re a passenger, speak up to stop drivers from distracted driving behavior.

Exceptions

Understand that although distractions are aplenty when you're behind the wheel, there are instances where even the most this behavior is allowed.  Specifically, the law does not prohibit, use of a wireless communications device that is used solely in a voice-activated or other hands-free mode when making a call and/or otherwise when trying to seek emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed. 

What To Do if You Get a Ticket

If you've been charged with a Distracted Driving-type offense- you really owe it to yourself to know your rights. One way to do that - contact an experienced Minnesota Criminal Defense Attorney. The sooner you make that call, the better your defense will be.

Arrests Don't Always Mean Convictions - Part 2

Sometimes you have to keep fighting. If you lose at trial, you take your case to the court of appeals. If that court doesn't get it - then you take your arguments to the state's highest court.  As this story points out, sometimes you have to keep shouting until someone will listen.

Why?

Because if the cops have failed to do their job - within the rules established by the authors of the Constitution - then your arrest will not stand and you should go free.

Granted, this takes time, effort - and (all too often - a lot of) money. But, if your not guilty - you want to be vindicated - right?

When?

I think most people would agree - the sooner the better.

One way to ensure an earlier success than this poor young lady is to hire an experienced Minnesota Criminal Defense Attorney to look into your case for you. He or she should bring an extensive knowledge of what the government can and cannot do - and then review everything that happened to you through that lens; analyzing the police investigation, your arrest and even the prosecutor's handling of your case.

If it can be determined that something improper happened - like a bad stop or search , if your property was illegally seized or if your Constitutional rights were violated, your lawyer should seek to get the court to dismiss your case or ask the government to reduce the charges against you.

Sometimes that will happen before the case goes to trial - and other times it comes later --- but if you have the facts on your side - then law should follow. Hopefully that will happen sooner - rather than later.