Minnesota Domestic Assault Attorney

An investigation (and allegations) of domestic assault within the home may often lead to a criminal charge.  If you have been cited for as much, it is important to get information from an experienced Minnesota Criminal Defense Attorney.

Domestic Assault

In addition to criminal charges, a crime related to domestic violence could also result in the issuance of a civil restraining order. 

The law setting forth what constitutes the Crime of Domestic Assault --- explains that one has committed a misdemeanor if his or her intended action is to create fear of imminent physical harm or death in a family member.

Family Member 

According to the law a family or household members can include the following:

• Spouses and ex-spouses of the defendant
• Children and parents of the defendant
• Any person related by blood, such as siblings
• House-mates or past house-mates
• Co-parent to a child of defendant
• Pregnant woman if defendant is the alleged father

Also --- when someone is sexually involved with another ... that person is also considered covered family member for the purposes of domestic assault crimes.

It is also a violation if he or she purposely does exact or does attempt to exact bodily harm on someone in the family.
 

If you are looking for help --- please feel free to contact the Rolloff Law Office to get Free Answers: (612) 234-1165

MN Assualt Chrges (Explained)

Assault is defined as the intentional use of violence and force on another person in order to cause bodily harm, or putting that person in fear of being harmed. There are many different types of assault crimes such as stalking, harassment, battery, assault with a deadly weapon, terrorist threats, sexual assault, child abuse and domestic assault. Depending on the circumstances of the case, it can be charged as either a misdemeanor, gross misdemeanor or felony offense. 

Domestic assault is the act of physically harming, threatening or harassing a family member such as a spouse or blood relative, someone with whom you live, a boyfriend, girlfriend, or domestic partner.

As a Minnesota Criminal Defense Attorney, I have worked on hundreds of cases like these.  As a former prosecutor, I can tell you they are tough for the state to prove; however, without a good lawyer by your side - you could be in for a heck of an uphill battle.  

Degrees of Assault

First Degree Assault: This crime is charged when the alleged victim is inflicted with great bodily harm or if the offense is committed against a peace officer.

Second Degree Assault: The defendant may be charged with this offense if a dangerous weapon is used in commission of the crime.

Third Degree Assault: This crime is charged when the defendant assaults another person and causes substantial bodily harm, or if the defendant is accused of assaulting a minor. It is a felony to assault a child under 4 years of age.

Fourth Degree Assault: This charge is a gross misdemeanor that results from assaulting a police officer, fire fighter, or emergency medical personnel in commission of their jobs.

Fifth Degree Assault: This crime can be charged when a person intentionally commits an act to cause fear of immediate bodily harm or death to a victim, or if they intentionally inflict or attempt to inflict physical harm upon a victim.

The Consequences of Conviction - Criinal and otherwise

A conviction in an assault case can result in:

• Imprisonment
• Fines
• Restitution
• Anger management classes
• Mandatory counseling
• A restraining order
• The loss of your rights to own and possess fire-arms --- forever!
• Child custody problems (domestic assault)

There are various factors that will determine the harshness of the sentencing, including the severity of injuries resulting from the assault, the use of a deadly weapon such as a gun or knife in the assault (aggravated assault), and the person's prior criminal history.

What Should You do?

If you have been charged with assault, a knowledgeable law firm should be contacted immediately for assistance. Any type of assault case requires immediate intervention by a skilled lawyer who can protect your rights. The Rolloff Law Office offers highly skilled assistance with assault cases, including domestic assault. We are well-versed in assault laws and can provide the qualified and knowledgeable legal representation you will need when fighting domestic assault charges.  Want FREE ANSWERS? Call today: (612) 234-1165.

Affordable Lawyer - How You Can Tell (Explain)

Whether or not you've dealt with a Minnesota Criminal Defense Attorney or Minnesota DWI Lawyer before, you probably assume one thing - it's going to be expensive. And, if you are like me or like most people, you want to get the best lawyer possible for the lowest amount of money possible. Is that possible?

The DWI lawyer or criminal defense lawyer you decide to hire is going to be trusted with a lot of responsibility. They are holding your life in their hands. If they don't do the work they promise, or put forth the effort they promise, or pick up the phone when you call, you could end up in jail, you could end up with huge fines, and you could wind up losing everything that is important to you. What is your freedom, your hard earned money, and your reputation worth to you?

The Rolloff Law Office Doesn't Bill By the Hour, and We Don't Ask For More Money

At The Rolloff Law Office, we have a very simple fee structure. We have one price for your case, and that's it. That price depends on several factors, including the difficulty of your case, the facts of your case, and the expertise required for your case. But that one price is all we'll ask for. That means if you want or need to go to trial, we'll go, without asking for more money. Most Minnesota Criminal Defense Attorneys don't offer that. Most attorneys make you pay more to go to trial. They do it because they don't want to go to trial. When you sign up with us, you can trust that we'll do whatever it takes to win your case.

With This Much At Stake, Do You Really Want the Cheapest Option?

A lot of people are scared off by the fees we charge. We aren't the most expensive criminal defense and DWI defense law firm out there, but we aren't the cheapest. And the reason we aren't the cheapest is we provide far more value than the attorneys out there selling you on price. What we offer is unlike any Minnesota Criminal Defense Attorney out there. We offer great legal services, we offer great results, and we offer you the trust that at the end of the day we are doing everything we can to get the results you deserve.

A criminal charge is extremely serious. At a minimum you are facing 90 days in jail and a $1,000 fine. And the stakes only go up from there. I liken it to getting surgery. A bad result can affect you for the rest of your life. If you were getting brain surgery, would you want the cheapest guy you could find to do it? No. You'd want the best. You'd want someone with a proven track record. Even if you had to pay a little more for it. You'll get that with us.

If you need a Minnesota DWI Attorney, ready to help. We offer a FREE CONSULTATIONS and we are available 24 hours a day, 7 days a week to assist you. Call us today at (612) 234-1165 to find out how we can help you.

MN DWI Arrests (Mandatory Holds & Conditional Releases)

When a person is arrested for a first-degree (felony) or second-degree Minnesota DWI crime, the person must be taken into custody and detained until the person’s first court appearance, at which time the court generally sets bail and specifies conditions of release. Unless maximum bail ($12,000 for gross misdemeanor DWI) is imposed, a person charged with any of the following offenses may be granted pre-trial release from detention, but only if the person agrees to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements. An experienced Minnesota DWI Attorney can assist you and your family with issues like these.

 

What Offenses?

 

These are the offenses that will lead to mandatory action by the court:

• a third implied consent or DWI violation within ten years;
• a second violation, if under 19 years of age;
• a violation while already cancelled as inimical to public safety for a prior violation; or
• a violation involving an alcohol concentration of .20 or more.

Further conditions apply to a person charged with a fourth or more violation within ten years, including:

• impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven; a
• requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and
• a requirement to reimburse the court for these services upon conviction for the crime.

What To Do Next
Take the next, right step.  Call the Rolloff Law Office today for a free consultation.  The government has lawyers working against you.  It's time to get someone on your side who knows the ropes and will use that knowledge to protest your rights and your future.  Call (612) 234-1165 to begin the process of reclaiming your freedoms. Affordable, agressive and an ass-kicker.

Criminal Defense Answers - FREE!

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

How do I choose an attorney?

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

Will I go to jail for a DWI charge?

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

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

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

What criminal charges does your firm defend?

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

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

Why Hire a DWI Lawyer? (Explained)

If you have been charged with a Drunk Driving --- you should seriously consider hiring an experienced Minnesota Criminal Defense Attorney --- or at the very least talking to one about your rights.  My reason for suggesting this is not just because I am an attorney.  Here are some ways an attorney can help with your case --- and your future!

Pleading guilty can actually cost a lot more than hiring a Minnesota DWI Lawyer.

Believe it or not, there are many long term consequences to pleading guilty to a Drunk Driving --- that aren't immediately made know to you by the prosecutor or the judge --- including potentially having to tell to every potential employer for the rest of your life that you were convicted of a serious crime, having to pay increased insurance premiums and being excluded from international travel.

Honestly, do you really know what all of the consequences are that you may face in your future? If you don’t, you should consult with an experienced Minnesota DWI Lawyer so that you can make an informed decision regarding your case.

Hiring an experienced Minnesota Drunk Driving Lawyer is an investment in your future.

The prosecutor does this for a living – prosecutes criminal cases. You can rest assured they know the issues in a DWI case, that they have read the case against you, and that they are prepared to argue aggressively for a conviction. That’s their job. Shouldn’t you have someone just as prepared – if not more so – ready to argue aggressively on your behalf, too?

When you weigh the cost of pleading guilty and all the future costs that come with it, against the cost of hiring a Minnesota DWI Lawyer, you will find that hiring an  attorney is an investment in your future.

Not all Minnesota DWI Lawyers cost the same.

Each attorney charges what he or she has determined is an appropriate fee for the level of his or her services. Don’t hesitate to ask a lawyer what it will cost to represent you. But --- don't just go with cost when making your decision not all Minnesota DWI lawyers are the same. Your lawyer is the one person in the court room who is on your side, unconditionally. You need to feel comfortable with your lawyer – your relationship with your lawyer can make or break your case: Your lawyer will rely on the information you share with him or her in defending you. If you and your lawyer don’t have a good working relationship, you won’t trust your lawyer with this critical information. The key to a successful attorney-client relationship is the same thing that makes all relationships succeed or fail.

Before opening my own office, I started out prosecuting Minnesota DWI case --- hundreds of Drunk Driving cases.  Let me put that experience to work for you.  Learn for yourself --- Call to Rolloff Law Office at (612) 234-1165 to schedule an office visit and come in and see us in person,

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.

Why You Should Seek a Minnesota Expungement (Explained)

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

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

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

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

Who Are You Going to Call?

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

Minnesota Criminal Defense (is the Best Offense)

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

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

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

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

Common Affirmative Defenses

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

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

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

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

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

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

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 2nd Degree DWI (Explained)

A 2nd degree DWI is the second-most severe DWI in Minnesota. This offense is labeled a gross misdemeanor, which means it is punishable by up to 1 year in jail and/or a $3,000. In addition, a 2nd degree DWI carries a number of collateral consequences, including loss of driver’s license, impoundment of license plates (“whiskey plates”), and forfeiture of the vehicle used in the incident.  As such, more likely than not you're going to need some assistance.  My suggestion - contact a Minnesota Criminal Defense Attorney - ASAP.

Why Were You Charged With a 2nd Degree DWI?

A 2nd degree DWI occurs when someone drives, operates and/or is in control of a motor vehicle at a time that he is intoxicated (usually with BAC over 0.08) and there are "other" aggravating factors. These may include: prior DWI convictions, driver's license revocations premised on alcol-related arrest, having a child in the vehicle at the time of the arrest and/or having a BAC above 0.20. If two of these factors are present, then you will be charged with second degree DUI.  Additionally, a DWI test refusal with one aggravating factor will also result in a second degree DWI.

What are your options?

A second degree DWI is a very serious charge.  Not only can it result in jail time, the loss of your driver's license and the forfieture of your vehicle - you may also be required to pay numerous reinstatement fees and higher insurance rates to become a valid driver again.

What Should You Do?

Retaining a good Minnesota DWI lawyer is usually your best option when facing a charge of this nature. The Rolloff Law Office has represented many individuals facing charges of this nature - and worse.  If you or someone you love needs help, call today: (612) 234-1165 or email me jay@rollofflawoffice  to set up a free consultation and learn all about your defenses.

My Son/Daughter is in Jail (Explained)

Whenever I receive a call from a parent with a son or daughter that is currently being held in jail, I tell them that the criminal case is divided into two halves: Getting your him/her out of jail, and everything else.

When a peace officer witnesses a criminal offense (Minnesota DWI, drug charges, etc.), they will usually arrest the accused immediately. Sometimes, that individual  will be taken to the police station for additional questioning or breath testing, before ending up in county jail.

At the jail the defendant is usually “booked,” which consists of fingerprinting and being placed in an orange jumpsuit. He or she may also have a bond set by the arresting officer. Sometimes, he or she is told that they will have to wait to see the judge in the morning.  Here is where an experienced Minnesota Criminal Defense Attorney can help.   

If some one is taken into custody on the weekend, a lawyer can hep secure his/her release by assisting with the bail/bond process. Especially as it concerns getting a judge to set a bail (over the weekend) so one not need wait until Monday to get in front of a judge --- causing them to miss school, work, etc. 

If someone is held until then, the judge will inform the him/her of the pending criminal charge(s) and the minimum and maximum penalties. If the only charges are simple misdemeanors, the judge can ask for a plea. If there are more serious charges, the judge cannot ask for a plea and will address conditions of release.

Conditions of Release - Will There Be Bail?

The judge will review the information he has available and decide whether the accused needs a bond. He will consider the  current charge(s), any criminal history and his/her ties to the community. Essentially, the judge is determining what amount of money (if any) is required to secure the someones future appearance in court and to protect the community from further criminal violations.

If the judge decides that a bond is necessary, then that bond amount must be posted in order for the individual to be released. That money is kept by the court until the case is resolved, then it will be returned or credited toward any financial obligations/consequences.

The Problem

Most of the time, an attorney is not called until after the Initial Appearance.  When I am hired for cases like this, I work to be either attempt to secure an early release and/or to be present at the hearing to earn a release with little to no consequences - depending on the charge(s) in question.  This affords me the chance to discuss the case with the prosecutor and judge, and provide greater detail about the circumstances of the individuals life (ties to school or work for example). It also helps when I can convince the judge that the his/her parents are involved because this further secures their presence at future court dates.

What Now?

If you are seeking representation for a criminal matter - for you or a family member - Call the Rolloff Law Office, today, at (612) 234-1165. 

Minnesota Criminal Sentencing (Explained)

Criminal Sentencing in Minnesota courts is more an art than it is a science. Courts and judges have a ton of tools at their disposal when it comes to meting out a criminal sentence.  The options include: probation, jail, jail plus probation, prison, house arrest/monitoring, a SCRAM bracelet, monitored sobriety, community work service, sentence to serve, drug & alcohol treatment, sex offender treatment, therapy, mental health counseling, letters of apology, and remedial driving classes. One or a combination of these tools, are present in most cases.

Generally speaking, Minnesota law lets judges order a sentence for most anything as long as it is "reasonably related" to the defendant's rehabilitation. That is a broad way of saying that --- if it will make it less likely the defendant will re-offend, then the court can order it.

To most of us, jail or prison is the worst possible sentence one could get - right?  Personally, I don't want to go to jail or prison because it would limit my contact with my family and make it impossible for me to pay my bills. Therefore, financial ruin is almost a certainty. One way I have argued against this outcome for my clients is to appeal to the courts broader perspective about our community -- and specifically to a judge's interest in children and family. If I have a client facing a jail or prison sentence - I going to argue any and all points necessary to see how essential he/she is to their family ... and to their future.

What Should You Do?

Experienced Minnesota Criminal Defense Attorneys should know their client's background, their criminal history, their work status, their family status, their unhealthy lifestyle, and the facts of the case, for a creative approach with a judge at sentencing.



I've sat through thousands of these things - both as an ex-DA and as a criminal defense attorney.  What I've learned - through all of that experience - are the things that a judge likes to hear and what they are repulsed by. I've learned how to teach my clients what to say and what not to say. This is an important component to any lawyer - client relationship. In fact, it is one of the most important.
If a case is not dismissed, criminal sentencing is where most cases end up. I work with DAs, probation officers, treatment providers, family members, and even victims, to make sure my clients receive the best sentence possible. Therefore, if you have a criminal case on the horizon, be smart, exercise your right to remain silent, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your future.

Minnesota Police and the 5th Amendment (Explained)

Based on a number of conversations I've had lately, it appears as though your Fifth Amendment right to remain silent, as set forth in the constitution, and Minnesota Law Enforcement's job appear to be more in conflict than ever. Why? Well, the cops know that almost anything you say can hurt your criminal case and as such they'll try stop at nothing to question you.  This is why, before you ever submit to any interrogation by a peace officer you should ask to have your Minnesota Criminal Defense Attorney present.

Why Would Anyone - Ever - Talk to the Police?

The problem is when we are accused of and/or even just asked about something we have this natural inclination to try and explain ourselves.  Where this becomes problematic is when law enforcement is involved and we try to convince them that we've done nothing wrong. What you may not know is that many police are: (1) not interested in the truth, and/or (2) already believe the first person who told them their story and, based merely on that, have already made up their minds about what happened.

Seriously,  a sort of "tunnel vision" sets in - and even if you offer a plausible alternative to what they believe has happened - they just won't listen.  Why?  Well, believe it or not the cops are often motivated by factors other than the truth. For example, they may be in a hurry with only a few minutes to spend on a certain case - and they just want to write their report, issue a summons and be done it. At other times, they have a number of open files -  stacked up one after another - so they get lazy. Or, they may not like you for some reason and have no interest in finding another suspect responsible for the crime your accused of committing. Therefore, it is simplest to just charge you --- and maybe the "truth" will get worked out later.  Finally, they may just want a conviction statistic more than they want the truth.

The Real Problem

The number one issue, in my opinion, is that law enforcement all too often believe the first person to call them - and from there on out (once they've talked to their "victim") they make up in their minds about what happened.  And, as a result, they talk with you (or anyone on your side) using that filter - listening only for incriminating statements and interpreting your words in a conviction oriented manner. Honestly, they pretend to want to get at the truth only to keep a suspect talking. Then, they write down all the negative things you say and ignore the positive.

Somehow, individuals accused in criminal cases forget that police are experts in getting convictions and that they are not your friend. Convictions are their job and they are good at it. Only with silence can the accused stop police in their tracks.

What Are You Going to Do?

If you have been contacted by police, exercise your Fifth Amendment right to remain silent and call The Rolloff Law Office at (612) 234-1165. Together, we can protect you, your family and your future.

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 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.

Hiring a Minnesota Criminal Defense Attorney (Explained)

If you've recently been charged with crime - or are the subject of a criminal investigation - you probably have some questions ---- lots and lots of questions.  Here is a little insight into a few things you need to know as you look for an experienced Minnesota Criminal Defense Attorney. 

Should I Say Anything to the Police Before Hiring a Lawyer?

If you are suspected of a crime or have been arrested, one of the most important things to do - say as little as possible. Be respectful to the authorities, but do not put yourself in at risk by providing information that may be used against you. Contact a criminal defense attorney a soon as possible.

Should I Hire a Criminal Defense Attorney Before Seeking Help from a Bail Bondsmen?

After a friend or a loved one has been arrested, often the first thought is to get the person out of custody or jail. Many people turn to a bail-bondsman,. Typically, decisions are made it "in the moment": fear and panic may play a role is the decision making process - but first taking the time to seek criminal defense help from an experienced attorney instead of posting bond immediately has several advantages:

Posting a bond may be a waste of money. An attorney can advise you about the severity of the charge. For some cases, a person who has been arrested may be released on their own recognizance as soon as they get to court (often the morning after an arrest).

An experienced Minnesota Criminal Attorney may be able to negotiate the amount of bond in court. It is possible and often likely that the bond amount can be reduced by the attorney's negotiating skill with the DA and Judge.

What Should I Consider When Calling and Comparing Criminal Defense Attorneys?

Although bondsmen are not allowed to recommend a specific Minnesota Criminal Defense Attorney, they can have business cards present at their offices - some people call these attorneys. Other people will look at the phone book or search for an attorney online. One of the best ways to find an attorney is by personal connection, such a recommendation from a friend or relative. It is always a good idea, as with any service, to examine your options and speak with at least 3 attorneys prior to selecting representation.

When peaking with a criminal defense attorney of the phone you can get a feel for their:

• Personality, professionalism, and demeanor
• Their level of experience, as an attorney and with criminal cases
• Responsiveness and timing in regards to your call
• Sincerity (are they just eager to your money?)
• Level of personal interaction (will other attorneys or staff handle your case?

How Do Pricing and Fees Work?

 

Minnesota Criminal Defense Attorneys typically work in flat-fee arrangements and require an upfront payment (retainer) to begin working on your case. Many attorneys take credit cards and offer payment plans. In comparing prices it is important to take into account that there is a wide range of quotes that you may receive on even a simple matter such as a first Drunk Driving citation.

 

Here in Minnesota, for a first time DWI charge, you can find attorneys that will take you case for as little as $750 or other attorneys that would charge as much as $10,000. Either of those might be a reasonable amount, depending on the skill and reputation of the attorney.

The vast majority would charge between $1500 and $4000 for a first time DWI with $2100 being an average amount. But take note, it doesn't mean you are getting more for your money - the amount of work required for your case will depend on many factors - including the facts and substance of your arrest and the evidence against you.

What Should I Consider When Meeting with A Criminal Defense Attorney?

The first time you meet in with an attorney, whether in court, custody, or at their office. Just as in your phone call, is important that you both ask questions. During the meeting assess your comfort level with the attorney.

The things you want to look for and questions you should ask:

• Do you and your attorney seem to get along?
• Do you feel comfortable with this person representing you?
• If this person walked into court, do you think people in a jury would respect them?
• Do they speak well?
• Are they well groomed?
• Do they seem to a have a knowledge and understanding of the law?
• Can they easily explain the law as it applies to your case?
• Do you feel you can trust them?
• Do they have the level of experience you need?
• Have they practiced in the court that is handling your case?
• Do they make promises to you that seem unusual? For example, "I know the prosecutor there". (Relationships such as in the prior example may give you more comfort, but generally in Minnesota courts this will not make a difference in how your case is handled.)

Your lawyer should have many questions for you. Their interest in your case is very important to the final outcome. Without proper information, the most beneficial actions and best possible outcome cannot be achieved.

 

 

 

What Can You Do Now?

You can educate yourself on this process - but a lot of the learning is going to be done in the doing.  To learn how my approach to criminal defense can benefit you, contact the Rolloff Law Office to schedule your free consultation.  Call today: (612) 234-1165.