Minnesota Boating While Intoxicated (Criminal Defense)

Summer in Minnesota is great for boating ... and it is also a time for BWIs.  BWI stands for “Boating While Intoxicated.” and it is (and it isn't) the same as a Minnesota DWI charge, but indicates that the offender was operating a boat under the influence rather than a car.  

What is BWI?

In Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08). As like with a DWI, violators of this law can be charged with a crime --- BWI ---  (Boating While Intoxicated) and be subject to a court proceeding and consequences.  If you need help with such a charge, you should contact an experienced Minnesota Criminal Defense Attorney.

What Happens if Your Are Arrested for A BWI?

The consequences of a Minnesota BWI arrest are nearly the same as those of a Minnesota DWI offense. 

A first time BWI charge is a Misdemeanor punishable by up to 90 days in jail, payment of a fine of $1,000, and suspension from operating a boat/watercraft for 90 days of the boating season.

As with Minnesota DWIs, a Minnesota BWI charge is an enhanceable offense, meaning that if certain “aggravating factors” are present, the charge becomes a more serious offense --- even a Felony --- with significant sanctions.  

BWI Aggravating Factors 

A BWI can become more serous based on a number of things, including:

Operating a boat with a blood alcohol concentration of .20 percent or more;
A prior conviction for DWI or test refusal in the 10 years leading up to the charge; and
A passenger under age 16 on the boat or watercraft at the time of the offense.

The presence of any of these factors will result in a higher degree of BWI being charged --- even a Felony.  he higher the degree of BWI, the stricter the punishment. Below are the penalties for gross misdemeanor BWI offenses:

• A fine of up to $3,000
• A longer period of mandatory jail time
• Participation in long-term monitoring programs
• Chemical Dependency assessments
• Loss of driver’s license privileges
• Plate impoundment of all motor vehicles owned by the offender
• Forfeiture of the boat involved in the incident

A felony BWI charge is the most serious. In addition to the above sanctions, felony BWI offenders can be sentenced to (in addition to those things listed above):

• Three to seven years in prison; 
• Up to $14,000 in fines; and
• Extended periods of license revocation

An experienced Minnesota BWI defense lawyer can help keep you or someone you love from suffering the worst consequences for these charges.  Regardless of the degree of your offense, call the Rolloff Law Office to help you review your charges, get the right answers and resolve your case in a favorable way.

Shoplifting & Theft (Explained)

Of the "minor" crimes that I work with individuals on as a Minnesota Crimianl Defense Attorney - SHOPLIFTING is one that I believe that can cause the most damage outside the courtroom when it comes to EVER getting another job.  Seriously... in this age of instant background checks --- a drug charge or a DWI is not the detriment that an old, small mistake you made when you were a teen and pocketed that Chap-Stik without paying

Shoptlifting (Explained)

There are numerous acts that can be considered theft according to Minnesota law. A person can be charged with a theft crime if they do any of the following:

• Take, use, transfer, or conceal another person’s property without consent and with the intent to deprive the rightful owner of possession
• Steal property or services by false representation, trick, or swindle
• Find lost property and fail to attempt to give the property back to the rightful owner
• Purposely take property out of a money operated machine without depositing money
• Alter or remove identification numbers on property with the intention of preventing identification of rightful owner
• Steal cable through unauthorized connections
• Divert corporate property to use for something other than general business purposes

A person’s specific charge and sentence depends on the circumstances surrounding the alleged offense. The prosecution will consider both the value of the stolen property as well as how exactly it was taken when determining the ultimate sentence.

Consequences

A person can face felony charges and a potential sentence of up to 10 – 20 years in prison and $20,000 – $100,000 in fines if:

• The stolen property or services is valued at $5,000 – $35,000
• The property is a firearm
• The property is a trade secret or explosive

If the stolen property or services is valued at $1,000 – $5,000 a person can face up to five years in prison and fines of up to $10,000.

A person can be charged with a gross misdemeanor theft offense if they steal property or services valued between $500 and $1,000. This carries a potential sentence of up to one year in jail and/or $3,000 in fines.

A misdemeanor theft charge occurs when a person steals property or services valued at less than $500. This offense is punishable by up to 90 days in jail and fines of up to $1,000.

There are numerous exceptions and defenses to these consequences. Anyone charged with a theft offense should contact the Rolloff Law Office at (612) 234-1165 as soon as possible to discuss possible defense strategies for their case.

Minnesota Domestic Assault (Explained)

Domestic Assault is generally defined as either "an act intended to cause fear of immediate bodily harm or death" or "an attempt or actual infliction of bodily harm upon another."  You can read the actual domestic assault statute here - Minn. Stat. §609.2242.

Example of Assault: A husband and wife argue in their home.  The husband becomes upset and raises his closed fist at his wife but does not actually strike her.  The wife is frightened by this because she thinks her husband might hit her.  This is considered an assault even though the husband never actually touched his wife.  An assault includes actual touching or an act intending to cause fear (in this case, the husband raising his fist at his wife).

Domestic assault is a "regular" assault upon a family or household member.  This can include any of the following relationships:

• Spouses and former spouses
• Parents and children
• Persons related by blood
• Persons who are presently residing together or who have resided together in the past (ie. roommates)
• Persons who have a child in common regardless of whether they have been married or have lived together at any time
• A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
• Persons involved in a significant romantic or sexual relationship

These definitions are important since it is a common misconception that two persons must actually live together to be in a domestic assault.  Likewise, domestic assaults do not only occur between spouses or between parents and children.

Levels of Domestic Assault: Misdemeanor, Gross Misdemeanor and Felony

 Domestic Assaults are known as "enhanceable" offenses in Minnesota.  This means if a person is convicted of domestic assault, any future charges and convictions for assault or "qualified domestic violence-related offenses" will be treated harsher. (This does not even take into account the seriousness of the injury suffered by the "victim.")

• Misdemeanor Domestic Assault: First-time offense or no qualified domestic violence-related convictions in the past 10 years
• Gross Misdemeanor Domestic Assault: One prior qualified domestic violence-related conviction in the past 10 years
• Felony Domestic Assault: Two or more qualified domestic violence-related convictions in the past 10 years (maximum punishment of 5 years in prison or $10,000.00, or both)

Qualified Domestic Violence-related Offenses in Minnesota (Examples)

Under Minn. Stat. §609.02, Subd. 16?  These are violations or attempted violations of any of the following:

• Violation of a domestic abuse order for protection
• Violation of a domestic abuse no contact order (DANCO)
• Murder in the First and Second Degree
• Assault in the First, Second, Third, Fourth and Fifth Degree
• Domestic Assault
• Domestic Assault by Strangulation
• Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
• Malicious Punishment of a Child
• Terroristic Threats
• Violation of a Harassment Restraining Order
• Stalking
• Interference with an Emergency Call

Domestic Assault and the Effect on Firearms in Minnesota

When a person is convicted of domestic assault or assault in the first, second, third or fourth degree, the court must determine the following:

Whether the assault was committed against a family or household member
Whether a firearm was used in any way during the assault

If a firearm was used against a family or household member during the assault, the firearm shall be forfeited under Minn. Stat. 609.5316.  In other words, law enforcement will take the firearm permanently either for their own use or to be destroyed.

In addition to forfeiture, if the court determines that a firearm was used in the assault, the person can be prohibited from carrying a firearm anywhere between 3 years to life.  Violation of this order is a gross misdemeanor.  Even if the judge fails to tell the defendant this information, the person can still be charged with the violation.

What to Expect

Persons charged and convicted of domestic assault can expect to have their right to carry firearms taken away, as discussed above.  Defendants can also expect a combination of the following: probation usually lasting 2 years, a monetary fine, no contact with the victim, substance abuse counseling or treatment, community service, anger management classes, electronic home monitoring or local jail time.  First-time offenders typically serve no jail time or a very short amount of jail time (such as 2 or 3 days, which oftentimes can be served through community work service or house arrest).  For second and subsequent convictions, these same expectations exist but the length or probation is increased along with the likelihood the person will serve time in local jail.

All of the above being said, as a former prosecutor I know --- these are all too often the toughest cases for the State to prove.  That's why you need a good a Minnesota Criminal Defense Attorney at your side through the whole process.  Honestly, each case has unique facts and circumstances.  Furthermore, not every city and county handles domestic assault cases the same way.  Harsher punishment is typically sought in cases where the victim was badly hurt, alcohol or drugs were involved, there is a pattern of abuse, a weapon was involved or where the defendant has prior criminal convictions.

If you are facing a Domestic Assault charge, call the criminal defense attorneys at the Rolloff Law Office at (612) 234-1165 for a Free Consultation. 

Minnesota Fleeing (Explained)

Last week I met with a woman who (it's alleged) briefly attempted to evade police with her young daughter in the vehicle --- and is now being charged with Felony Fleeing Police in a Motor Vehicle and a DWI.

The police officer attempted to stop this young woman when he pulled up behind her vehicle and noticed that her license plates were expired. She then pulled into a business' parking lot. When the officer stepped up to her vehicle's driver's side window, she informed the officer that she did not have a driver's license or the vehicle's registration. The officer then instructed her to stay in her vehicle while he returned to his squad car. She then drove away. After the officer pursued her for less than a mile, she again pulled over where she taken out of the vehicle and arrested.

Here's the Scoop

A person may be charged in the State of Minnesota with Fleeing a Police Officer in a Motor Vehicle, a Felony, if the person does any of the following in an attempt to evade police after the officer signals the driver to stop:

• Increases their speed;
• Turns off their headlights or taillights;
• Fails to stop; or
• Uses other means to evade police.

The penalty for said offense up to 3 years and 1 day in jail, as well as a fine of up to $5,000.

What Does This Mean For You?

If you are driving your car and a police officer signals you, whether by lights and sirens or otherwise, you should pull over. Taking action to evade the police may result in a felony charge for Fleeing a Police Officer in a Motor Vehicle, which would be in addition to whatever other charges you may be facing, such as Drunk Driving. Fleeing police and DWI are serious charges. However, when there are additional factors, such as a minor child in the vehicle, a high blood alcohol contraction, etc., the complexity of the situation is compounded and the penalties are often enhanced.

Fleeing the police in a motor vehicle and DWI have serious consequences and require experienced representation. If you think you might be charged or you have been charged with Fleeing a Police Officer and or DWI, contact an experienced Minnesota Criminal Defense Attorney for a free consultation. You need an experienced attorney fighting to protect you - call the Rolloff Law Office today: (612) 234-1165.

Hiring a Minnesota Criminal Defense Attorney

As you might imagine --- the (all too often wrong yet) number one question I get about who to hire as a Minnesota Criminal Defense Attorney is: "How much is this going to cost me?"

Now I'm not so dumb as to not understand that price is a huge factor when one contemplates the person they are going to hire to represent them in court; however, it should never be the only point on which that person focuses.  As an example, here's a situation I was party to recently:

What Would You Do?

Imagine two attorneys, each presented with the same criminal case by an individual searching for representation.

The first attorney is honest with the potential client, telling him that it is unlikely that the case will prevail at trial, and that the matter will most likely be resolved through a plea agreement (as is the case with almost every criminal case).  The attorney then tells the potential client that the fee will be relatively low, and offers to take the case for $1,000.

The second attorney has a different strategy; he tells the potential client that the case can be beaten, promises the individual the world, tells him exactly what he wants to hear, and offers to take the case for $3,000.

Assuming the client earns an average income, which attorney is she likely to take?

The answer: Almost invariably --- the 2nd Attorney.

Although the first attorney is honest and fair priced, the dishonest and expensive maverick will get the case.  Even if the second attorney never delivers on his high promises, it is of no concern to him; he’s already been paid.  Criminal cases usually require payment in advance (especially if there is a chance the client will be incarcerated at the conclusion of representation), and due to ethical concerns criminal cases may not be contingent on the outcome.

Now What?

Frankly, I don't dig the idea of being dishonest or scarring my clients into hiring me (even if it might earn me a bigger retainer.)  Others might not have an issue with it at all.

Because I'm affordable, because I'm honest --- I can sleep at night,  A promise I make to anyone who places their trust in me is that I will go after their case like it was my name on that file.  They will never not know what they need to know - even the hard stuff --- and in the end, they will (hopefully) have been spared getting screwed - by the courts and me.

What can someone who needs an experienced Minnesota Criminal Defense Attorney do?  My #1 suggestion is to find someone you can trust.  Referrals from family and friends are a good place to start.  It might also be a good idea to do some shopping - some tire-kicking.  If you visit three or four attorneys, you should be able to get a decent idea of what to expect in terms of price and results.  Remember, the two are not always related.  Call The Rolloff Law Office to and set up a FREE CONSULTATION: (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

How to Hire a Minnesota Criminal Defense Attorney (Explained)

Being an experienced Minnesota Criminal Defense Attorney, I meet lots people who are looking for a help with a criminal case. Many times, the need is urgent because someone in their family was just been arrested, or they hear that there is a warrant out for their arrest. In those circumstances, there can be almost a panic to hire a lawyer. So how do you do it?

Factors

First, and this may seem obvious but it is surprising how many times people miss it, make sure that the lawyer you are talking with handles criminal cases. Just because some attorney handled your divorce or the closing on your house does not mean that lawyer would do well in a criminal case. Nevertheless, one of the best places to start is with lawyers that you may know. Ask them who they would hire for the type of case.

This part is also important. Not all criminal defense lawyers handle all criminal cases. Federal law, for example, is generally dramatically different from state law. Make sure the lawyer can handle your type of case.

Second, should you find out the fee before you go to see the lawyer? That depends. If you are pressed for time or you know that you are going to hire a particular lawyer, it is a good idea. On the other hand, if you have some time, I would recommend seeing several lawyers. Law is an art, not a science, and there are several different ways to approach the same problem. You should go with a lawyer you are comfortable with. To know who that is, you should visit a few. You should also hire a lawyer whose direction or outlook is the same as yours. Stay away from lawyers that try to push you into a particular choice of action, such as pleading or trial, without knowing a great deal about the case.

Three, stay away from lawyers that promise really good results. Good results can happen, but even the best lawyers do not always get the results they want. The reality is there are three types of cases: cases easily won (acquittal), cases easily lost (conviction), and cases in the middle. Every client wants to think that their case can be easily won. That is not the case. Good lawyers will have higher winning percentages, all things being equal, of the cases in the middle. Cases easily lost are cases in which the evidence is rather strong and you might want to really consider a plea bargain. Some lawyers are better at trial than at negotiations. If you are not familiar with the evidence that will be presented against you, you should be prepared for all possibilities. Sometimes it is better to hire a lawyer who can negotiate a good deal for you rather than a fire-breathing trial monster. If the evidence is overwhelming, you may want someone who can minimize potential jail or prison time. A trial monster may not be such a person. On the other hand, you may decide that you are going to trial no matter what. In such a case, get the trial monster.

Fourth, if you do have some time and have been able to talk with several lawyers, you will most likely wind up with more than one lawyer you are considering. If that is the case, go with the lawyer that you felt the best about.

What You Can Do Now

You (or a family member or a friend) are about to go through a pretty traumatic and rough experience. While the tips I've given above will help you decide who is qualified, there is realistically no way I can tell you who you would be best hiring. You would do well to go through this experience with someone you get along with.

Call the Rolloff Law Office today to set up a FREE Consultation --- (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

Minnesota Shoplifting (Explained)

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

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

What Can a Lawyer Do?

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

What Are the Consequences?


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

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

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

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

Many Shoplifting offense fall under this provision of the law:

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


What Constitutes Theft?

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

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

What Should You Do?

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

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

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

Minnesota Assault (Explained)

If you have been charged with an Assault crime in Minnesota you may be concerned that you could be facing serious consequences - like jail and a large fine.  Understanding that, as an experienced Minnesota Criminal Defense Attorney, I know the kind of stress this can cause and I will fight for you as you face the prosecutor, the judge --- and the jury.

Felony Assault charges can result in very severe penalties and jail time. Shoot, even the least serious Assault charge -  5th degree misdemeanor Assault - can result in real fines, possible jail time, and a permanent criminal record that will follow you for the rest of your life.

There may be a perfectly logical explanation to your behavior the night of the incident. You were acting in self defense, or it was a mutual disagreement that escalated. These kinds of sloppy arrests happen all the time, unfortunately. But now you have a complicated criminal legal problem you need to sort out.

Or maybe you made a made a mistake you now regret. We are interested in learning what exactly led up to your charge.

Having successfully defended many assault cases like yours in Minnesota, I know what you are up against. I know the Minnesota criminal courts - from the prosecution side and the defense side -  and I can put that knowledge to work for you.

Minnesota Assault Laws & Penalties


First Degree Assault

If you commit Assault that causes great bodily harm to someone you may be charged with this serious felony.  “Great bodily harm” is defined as injury which causes substantial risk of death or causes disfigurement or loss or loss of use of any organ or bodily member.

Second Degree Assault

You may be charged with 2nd degree Assault if you assault someone with a dangerous weapon. If the alleged victim suffers “substantial bodily harm” you will face a potential sentence of up to 10 years and fines of $20,000. However, if there is not “substantial bodily harm”, the potential sentence is dropped to up to 7 years in prison and $14,000 in fines.

Third Degree Assault

There are three ways in which 3rd degree Assault can be committed. If you do any of the following you could face this serious felony charges:

• Assault resulting in substantial bodily harm 
• Assault on a minor where there is a history of abusive behavior 
• Assault on a victim under 4 years of age 

Fourth Degree Assault

You may face 4th degree Assault charges if you assault certain people. For instance, Assault on a police officer in the line of duty,  school officials, corrections officers, firefighters, or an EMT can also land you with a 4th degree assault charge.

Also, if you assault someone because of bias in regards to their religion, race, sexual preference, or disability you could also face gross misdemeanor charges.

Fifth Degree Assault

You may be charged with misdemeanor 5th degree Assault (and face up to 90 days in jail and a $1,000 fine or both) if you  commit an act with intent to cause fear of bodily harm or death or if you intentionally inflict or attempt to inflict bodily harm on another.

Get Your Free Consultation 

Facing prison terms and hefty fines can leave you with a lot on your mind. The only way to know for certain what you are facing is to consult with an experienced Minnesota Criminal Defense Attorney. Call the Rolloff Law Office at (612) 234-1165 to set up a FREE consultation on your Assault case today.