Should You Hire a Scott County Criminal Defense Lawyer?

The Rolloff Law Office is a different kind of defense firm.

We get big city results with small town customer service. We know our clients by name, not by file number.  As a Minneapolis-based criminal defense law firm, our primary goal is exceptionally serving the client at an affordable cost. Our representation ranges from crisis management, situation damage control, criminal pre-charge representation during investigatory phases, and defense representation of criminal charges in state and federal courts. Minneapolis criminal defense lawyer Christopher Keyser was named a Super Lawyer Rising Star, a Top 100 Trial Lawyer, and has a Superb rating on Avvo.com. We provide representation for every type of Minnesota criminal matter including:ArsonAssault and BatteryResidential BurglaryCriminal Sexual Conduct / Sex CrimesCriminal Vehicular OperationCriminal Vehicular HomicideDisorderly ConductDomestic AssaultDrug CrimesDWI / DUI DefenseFourth Degree DWIThird Degree DWISecond Degree DWIFelony First Degree DWICareless DrivingDWI Test RefusalExpungementFederal CrimesFeloniesFraudJail and Detox ReleaseJuvenile CrimesKidnappingMilitary DefenseMurder and HomicideProbation ViolationsShoplifting / Retail TheftSimple RobberyAggravated RobberyProstitutionSolitcitationTheftWeapons CrimesWhite Collar CrimesCriminal Defense StrategiesOur approach to fighting Minnesota criminal charges is simple but effective. We don’t bring gimmicks or tricks to court – only hard work, persistence, and aggressive advocacy. In every criminal defense case, we follow the same rules and principles:Client Consultation. We want to meet you and hear how we can help. Every criminal defense case is important, whether a misdemeanor or serious felony. We listen to your story and then educate you on both the good and bad aspects of your case under Minnesota law. We’re up front and tell it to you straight.Review the Evidence. Before any decisions can be made in your case, you need to see the evidence against you – and so do we. Any evidence we obtain from the prosecution is given to you, and any defense motions or letters drafted in your case are copied to you. We provide full transparency so you are fully informed every step of the way.Create a Criminal Defense Strategy. Should you negotiate a plea deal or go to trial? Jury trial or bench trial? This depends on the evidence against you, any criminal history you may have, and the specific facts of the case. The best defense plan may include using private investigators, obtaining expert witnesses, or consulting with other professionals to make the best decisions. Either way, we’ll explore all options.Execute the Criminal Defense Strategy. We work with our clients as a team. Together we will decide the best direction for your case and work to achieve the goals we create. If the evidence against you is strong, working with the prosecutor to obtain a reduced charge, avoid jail or prison, and minimize probation conditions may be the best plan. If the evidence against you is weak, aggressively pushing the case to trial may be the best option. Either way we have the respected relationships with prosecutors, the experience, and the reputation to win.Choosing the Right Criminal Defense AttorneyOur goal is to obtain the best possible outcome for your case, whether that means avoiding jail or prison, getting a reduced sentence, or avoiding a criminal conviction on your record. Like most law firms, we like to win and we win a lot. Every person is entitled to the best representation. We offer competitive rates and reduced fees for military veterans and servicemembers. Our criminal defense cases are handled on a flat fee basis, meaning we do not bill hourly for our services. To learn more about how we can help, call our offfice at (612) 338-5007 for a free case evaluation.

Wright County Expungement Attorney

Since Minnesota's Expungement law was changed - effective January 1, 2015, I have answered a lot of questions.  Here is one of the most common:

Do I Qualify for an Expungement (under the new law?)

Whether you qualify depends on your particular case.  As such, you should speak to an experienced Minnesota Criminal Defense Attorney.  

As you may be aware, the new law will allow you to seek expungement of both judicial branch and executive branch records ---  in the following case types:

Misdemeanors:

A conviction or stayed sentence for a petty misdemeanor or misdemeanor so long as you have not been convicted of a new crime for at least two years since discharge of the sentence for the crime.

Gross Misdemeanors
A conviction or stayed sentence for a gross misdemeanor --- so long as you have not been convicted of a new crime for at least four years since discharge of the sentence.

Felony

A conviction or stayed sentence for a felony listed in the new law, so long as you have not been convicted of a new crime for at least five years since discharge of the sentence for the crime.  Some of the felonies listed as eligible for expungement under the new law are:

• Certain felony theft offenses;
• Receiving stolen goods;
• Dishonored check over $500;
• Criminal damage to property;
• Financial transaction card fraud;
• Computer theft; and
• Certain forgery offenses.

 

Alas, under only certain of circumstances will the following offenses be allowed to be expunged within the above-described time limits:

• Domestic abuse or sexual assault;
• Violation of an order for protection;
• Violation of a harassment restraining order;
• Stalking; or
• Violation of a domestic abuse no contact order (“DANCO”) 

This is due in large part to the fact that prior convictrions can be used against you to enhance/increase future penalties --- would that you were to face similar charges in the future.  The same can be said for Driving Under the Influence offenses.  
 

Questons about an Expungement, please fee free to contact the Rolloff Law Office (612) 234-1165 to discuss petitioning the court to seal your records.

Minnesota Expungements - Clean Your Record (Explained)

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

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

Learn What is On Your Record

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

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

BCA’s criminal history database can be found here.

Expungement Rules and Regulations

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

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

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

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

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

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

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

Minnesota 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.

Minnesota DWI Charges with a Test Below (.08)?

In Minnesota, we're told that the legal drinking limit is (.08). What that means is that if the alcohol content of your blood (your "BAC") is determined to be (.08) or higher, you are legally considered intoxicated and can be charged with Drunk Driving.

That being said, did you know that you can also be charged with a Minnesota DWI even though your BAC is found to be less than (.08)?

In a case where an individual's BAC is measured to be less than (.08), the government cannot offer the blood test to prove that the offender was driving drunk. Rather, what they will rely on (for charging - and at trial) are the observations made by the officer that made the arrest.

What he'll have to explain is how and why an individual's driving conduct and/or actions and appearance at the time of the stop lead the officer to conclude that the driver was under the influence of even a minimal amount of alcohol. Often this is done by offering evidence of any failed Field Sobriety Tests.

Granted, in many of these cases, a plea bargain is often available - but if you want to fight the charge - knows this: These matters are very defensible.

What Should You Do?

In order to navigate the often confusing legal system, your first best call should be to an experienced Minnesota DWI attorney.  If you want to take full advantage of the one shot you'll have to right this wrong - contact the Rolloff Law Office today for the comprehensive legal services that you'll need to ensure the best possible resolution of your DWI case.

Call today - (612) 234-1165 for a free, no obligation consultation.