First Court Appearances (Explained)

As a Minnesota Criminal Defense Attorney, one of the first questions I get is: What will happen in court - at the first appearance?  Although it varies depending on the charge and the county, three things typically happen at your first court appearance:

1. Bail or conditions of release will be set
2. You will be formally charged
3. Arrangements are made for the next hearing

1. Bail and Conditions of Release

Many people are scared that they’ll be taken away in handcuffs and held in custody throughout their criminal matter --- this is rarely the case.  At the first appearance, a judge will consider what conditions are appropriate for release.  Generally, if the crime is not a felony - or does not implicate public safety - and if the offender does not have a criminal record, no bail will be required.  However, the court will consider the possible danger to the community and your potential as a flight risk when setting bail.  So, if you have a history of missing court dates, or if the crime you're alleged to have committed involves violence, a higher bail will likely be set.  In addition, the judge can impose conditions of release, such as being tested for drugs and alcohol or to stay from a particular place or person. 

2. The Formal Charge

At the first court appearance, you’ll also (formally) be told the specific charge(s) you face.  If the charges are minor, you may only receive a citation with little information about the charge.  However, more serious crimes require a complaint.  A complaint has a statement of probable cause, which is the State’s allegations supporting the charges.  If you want, a judge can also read the charges to you, but in the interest of not creating more publicity and saving time, almost everyone waives the reading.

3. Future Arrangements

Finally, the court will want to know what will be done about the case.  For more minor crimes, you or your attorney can talk with the prosecutor and see if you can resolve the case.  If the case cannot be resolved, the court will set further dates and either check your eligibility for the public defender or ask if you want to get a private attorney.

You don't have to go through this alone.  If you or someone you love needs help with a first appearance, call the Rolloff Law Office.  not only can we answer your questions - we also offer FREE CONSULTATIONS.  Call today: (612) 234-1165

Minnesota Criminal Law (Bail) Questions (Answered)

If there's anything I know about the Minnesota Criminal Justice System it is that people (even experienced Minnesota Criminal Defense Attorneys) have questions lots and lots of questions.  Here are some of the most common about BAIL - along with some answers.  If you or someone you love is caught up in a legal dilemma --- feel free to get more information by calling in the Rolloff Law Office - today: (612) 234-1165.


What is bail?

Bail is money or other property deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. If the defendant does not come to court when required or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. If the defendant makes all of his appearances, the bail is returned when the case is over.  In addition to getting someone to come back to court, bail also serves to protect public saftey - so says the government.  

What happens during a bail hearing?

Upon arrest, the accused appears before a magistrate or judge for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:

• Your Own Recognizance - This is the defendant's verbal promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
• Conditional Release - This release, pending court appearance, is based on the defendant's written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to contact the probation department periodically, in addition to other conditions which might be set by the judge.
• Bail Bond - This is secured by either a cash deposit or a pledge by a third party, who provides the cash to guarantee that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit the cash in the event the defendant does not appear in court on the date set.
• Ineligible for Bail -The bail decision may be appealed to a judge who re-examines the evidence. A violation of any agreement of release pending court appearance can result in the issuance of a bench warrant to arrest the person.

All too often defendant's get one chance to persuade the court as to bail/conditions of release.  Therefore, it can't hurt to have an attorney assist you or someone you love with the process.  Call the Rolloff Law Office, today, at (612) 234-1165 and get help.  This is not a "do-it-yourself" game --- trust me.  

Minnesota DWI Bails (Explained)

The term “bail” refers to money in an amount determined by a judge and based on certain facts in a given case that is sometimes one of the conditions of release that an individual facing criminal charges may have placed on him pending his next court appearance in a case.  There are some cases in which the accused is allowed to be released on his own recognizance, meaning he must simply remain law abiding and stay in contact with his Minnesota Criminal Defense Attorney and make his or her next court appearance in order to be released.  Almost every cases in Minnesota involve conditions of release and/or bail. 

Minnesota law states that if a bail amount is set as a condition of release - the judge must set two bail amounts, one that is based on the individual keeping other conditions of release – like wearing an alcohol monitor – as well as an amount that is unconditional, and based on the individual not having to maintain any other conditions while released pending his or her next court appearance.  In some cases bail is Mandatory.

Mandatory Bail 

Minnesota Statute Section 169A.44 states that mandatory bail, imposed as either conditions of release plus a lesser amount of bail or as the maximum amount of bail and no conditions, must be imposed in order for a person to be released pending his or her next court appearance if any of the following facts apply to a Drunk Driving offense that is other than a fourth degree DWI; specifically cases where there was a BAC of over 0.20; there was a test refusal; there was a child under 16 present in the vehicle; or the DUI occurred while the person’s license was cancelled as inimical to public safety (IPS).   

Minnesota Statute Section 629.471 outlines the amount of bail that is the maximum a court can impose for any given charged crime in Minnesota.  Basically, this law states that, with a couple exceptions, a person charged with a misdemeanor or gross misdemeanor, the maximum amount of bail that can be set is double whatever the highest cash fine that can be imposed for that offense is.  So, if a misdemeanor carries a maximum $1000 fine penalty, the maximum amount of bail that can be set for that offense is $2000. 

There are a few exceptions.  For misdemeanors and gross misdemeanors under Sections 169.09 (hit and run accidents), 169A.20 (DUI/DWI charges), 171.24 subdivision 5 (driving after cancellation, inimical to public safety), or 609.525 (transporting stolen goods into the state), the maximum amount of bail that can be set is four times the maximum cash fine penalty.  Also, for charges of assault, domestic assault, domestic abuse, or malicious punishment of a child, the maximum bail is six times the applicable fine. 

As for felony Drunk Driving charges, Minnesota Statute Section 629.471 specifically states that it does not apply.  The maximum cash fine penalty for a first degree, or felony, DWI is $14,000, according to Section 169A.24.  However, the maximum bail amount that can be set for a felony DWI is $12,000, just like for a gross misdemeanor DUI.  This is the amount the bail would be if there were no conditions of release accompanying the individual’s release pending his or her next court appearance in the case.

Unconditional and Conditional Bail Amounts and Degree of DUI Charge

 Anytime the bail amount imposed is less than the maximum, there will be conditions of release that apply.  If the circumstances in a Drunk Driving case that includes any of the following, the release conditions will almost always include the condition that the person agree to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements.  These circumstances include: 

• a third implied consent violation is ten years, 
• a second violation if under age 19, 
• a violation while cancelled as IPS, or 
• a violation including a BAC of over 0.20.  

Also, if charged with the fourth or more DWI in a ten year period, a person will face additional conditions such as: 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.

In sum, if you are charged with a second or first degree DUI/DWI, you will be subject to mandatory bail.  You and your Minnesota Criminal Lawyer will need to decide which combination of conditions of release and bail amount are in your best interests, based on the facts of your individual case and your current life circumstances.  Remember, that while the maximum bail amount applies if there are no conditions on someone’s release, which seems like it would be the most expensive option, sometimes the conditions of release that accompany the lower bail amount are more expensive – for example, the alco-sensor anklet can end up costing more over the course of the several months the criminal case takes to be resolved than posting the maximum bail amount may cost.

Getting your Minnesota Criminal Defense Attorney involved as early on in your case as you can is the best thing you can do to protect your rights and ensure that if there are applicable bail arguments that could help you, those arguments are made at the appropriate time to the court on your behalf. Call the Rolloff Law Office today and get FREE Answers: (612) 234-1165.

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 Cash Bail & Bond (Explained)

Maybe it is a good thing you don't have the day-to-day familiarity I have with what goes on inside a courtroom - that is until you need to know to protect yourself or someone you love.  Here is a little lesson on Minnesota Bail and Bonds.  To know more, contact and experienced Minnesota Criminal Defense Attorney.

What is Bail?

Generally speaking, bail is an amount of money paid to the court by a person charged with a crime to insure that he will comply with certain conditions of release - like  returning to court as ordered.  Essentially the idea is that if someone has some "skin in the game" and/or money at stake - that that person will do what the court tells him to do - or run the risk losing that money.

How Much Bail Will I Have to Pay?  

Bail amounts are based on two things: (i.) the likelihood that the offender will show up for any/all future court hearings; and (ii.) matters related to public safety.  If the person arrested is from out of state (or some distance from where the alleged crime took place,) has a history of failing to appear for court hearings in the past, and/or has no permanent address, the court will strongly examine  whether that individual will return for their next hearing - and bail will be set accordingly. If the crime is serious one (ie., crimes of violence and/or large drug crimes) or the person arrested has a pattern of criminal conduct, then the court will often find that there are public safety concerns and set a substantial bail.

The System is Fair, Right?
In theory, what've I've described here sounds fair, no? The problem for the accused is that most bail hearings are conducted with only the government's lawyer and judge there and high bail is often the result.  And, once that big number is out there, it’s hard to change.  Although I have seen bail amounts reduced at subsequent hearings - it's not that easy.  Getting the amount of bail reduced is an uphill battle. If it is at all possible, if you or a friend has been arrested, call an experienced Minnesota Criminal Defense Attorney before the bail hearing.

What’s the Difference between Cash Bail and a Bond?

Once bail has been set, it can be posted in one of two ways: by paying the full amount in cash or by buying a "bail" bond. When cash is posted, that amount is returned to the person charged after the case is done. When a bond is purchased, the person charged buys a bond (for usually about 10% of the bail amount) from a licensed bail bond agent and the amount paid for that bond is not returned.  The purchasing of a bond creates a legal contract between the bond company and the court saying, if the offender does not comply with their conditions of release (like coming back to court) then the bond company has to pay the court the entire bond amount.

What Should You Do?

If you or someone you care about has been arrested or criminally charged, don’t go to court and “test the waters” to see what may or may not happen.  This is not one of those things you want to take lightly. Call the Rolloff Law Office before your first court appearance to ensure that your rights are protected.

One Minnesota DWI = Two Charges?

An all too common question I get as a Minnesota DWI Attorney is: "I was arrested for Drunk Driving, but I'm charged with breaking two different laws; why?"

In the State of Minnesota, when someone is arrested and charged with a DWI - the accusation is that that individual failed to operate his or her vehicle in the same, careful manner that a sober person would - under the same circumstances. 

In addition to that, bowing to pressure from the federal government - related to the dolling out of highway monies - states like Minnesota adopted per se Drunk Driving laws. These laws established a "legal limit" - as it regards the amount of alcohol you can legally have in your blood - before your driving becomes illegal.  In Minnesota, the limit was once (.10) --- now it is (.08). 

Therefore, if someone is found to have been operating and/or in physical control of a motor vehicle at a time in which the alcohol in his/her system was (.08) or higher - as established by a test of their blood, breath, or urine - they can be charged with a DWI.  Even if the person doesn't exhibit any of the typical signs of Drunk Driving, and is able to drive just fine, they can be charged with a DWI based only on their body's chemistry.

Generally, the government will usually charge both crimes: the traditional DWI (see Minn Stat § 169A.20,  subd. 1) where they accuse someone of being unable to drive with the same caution as a sober individual and the per se violation (see Minn Stat § 169A.20 subd. 5) for being above the legal limit.

In the end, a conviction on one charge is the same as a conviction on the other. Essentially, it's just two ways of charging the same crime and it just gives the government two bites at the same apple.

The good news (if you can call it that) is if someone is convicted of both Drunk Driving and being above the legal limit, they are only punished once.

If you have been arrested for Drunk Driving, your next best move is to contact an experienced Minnesota DWI Attorney for a free consultation to learn your rights.

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.