Hennepin County Disorderly Conduct (Explained)

Disorderly conduct is often referenced (and used) as a catch-all for any random, disruptive criminal activity, activity that disrupts the public peace --- and pisses-off a cop. That being said, being charged with this offense can have lasting repercussions ---- and you should get some FREE ANSWERS from an experienced Minnesota Criminal Defense Attorney.

Disorderly Conduct (Explained)

If you are charged with disorderly conduct, you could have been doing any number of things. While this crime covers many activities, it is prosecuted with targeted focus by the State of Minnesota.


You may have been in the wrong place at the wrong time or caught up with the wrong group of people. Perhaps you don’t feel you did anything wrong --- but instead are being found guilty by association. This is why you should talk to The Rolloff Law Office.
The Laws & Penalties


The offense of disorderly conduct can apply to many incidences. It is considered a misdemeanor and is thereby punishable by up to 90 days in jail and $1,000 in fines.
 
You may face charges of disorderly conduct if you:

• Make loud or disturbing noise near residence or public buildings that causes unreasonable distress to the people occupying said building,
• Direct abusive language or gestures at someone, knowing that those words or gestures are likely to provoke a violent reaction,
• Disturb any lawful assembly or meeting with the intent to disturb,
• Disrespect or defile the American flag or cause others to do the same, or
• Obstruct a sidewalk, road, or street with the intent of preventing its lawful use by others. 

Charges like these are doled out in many circumstances and all too often because another law doesn’t apply. If you are facing this charge and you wonder what you did to deserve them, contact The Rolloff Law Office  to discuss your case today --- and what can be done to keep it off of your record.  

All criminal charges should be taken very seriously by the experienced criminal defense attorneys that handle them. I am a former prosecutor ... I know you are going through a difficult time with this case and I want to be the one to help.  Call today: (612) 234-1165

Minnesota Welfare Fraud (Explained)

As an experienced Minnesota Criminal Defense Attorney I am asked many, many questions ... here are some answers about Theft/Welfare Fraud.

What is Minnesota Welfare Fraud?

There is no simple answer to this question ... as such fraud comes in many forms. The most common type is when someone fails to list information (or fills in the fork incorrectly) about their financial situation to the Department of Employment and Social Services. This could be include information regarding income, number of dependants/children or possession of properties and other items of value. 

Welfare fraud can also occur if someone pretends to be someone/thing else in order to receive benefits or if you continue to receive benefits that you know you are not entitled to.  Furthermore, welfare fraud occurs when you pretend to be injured or ill in order to abuse the system.

Accused?  What Next?

As with almost any theft related offenses, a permanent welfare fraud conviction may negatively affect you for the rest of your life --- making it difficult for you to obtain employment, a bank loan, or for you to rent/buy a home/apartment.  Additionally, you may be required to pay back the money, plus pay interest and penalties.   A welfare fraud conviction in the State of Minnesota may also lead to both jail or prison time and and fines.  This all depends on whether you are charged with a felony, a misdemeanor or a gross misdemeanor.

Should Hire a Minnesota Criminal Defense Attorney?

If you or someone you love has been accused of welfare fraud, the most important thing to do is contact a professional Minnesota fraud lawyer immediately. The sooner you make the call, the quicker an attorney can get to work handling your case. The more evidence that is gathered, the better your defense strategy may be --- and the less consequences you might face.  
   

The Rolloff Law Office has over a decades worth of criminal defense experience.  For the overwhelming number of our clients, charged with theft related offenses, we keep them out of jail.  Also ... we understand that restitution is going to be important - to secure a great outcome.  This is why we keep our fees low.  Call the Rolloff Law Office for a free consultation: (612) 234-1165

Minnesota BWI Charges (Explained)

Minnesota law makers have enacted statutes, in recent years, extending the DWI laws to the waterways. Now, if an individual is stopped on a lake or river and suspected of operating a boat in an improper manner, the law enforcement may determine that they have probable cause to believe the person is under the influence of alcohol or controlled substances, then the police can request that the driver of the boat submit to a blood, breath or urine test, as they would in a drunk driving case involving a motor vehicle.  If you have been arrested for bloating while intoxicated, you should seek out the counsel of a Minnesota Criminal Defense Attorney.  

The basis elements that the State must prove to convict someone of boating while intoxicated or BWI:

• Operation of a boat; and
• Having a blood-alcohol content as measured within two hours of operating the boat of .08 or higher; and/or 
• Being under the influence of drugs or alcohol.  

The same general procedures are that are required to followed as when a DWI arrest is made on the roadways.  

Criminal Consequences

Penalties for BWI are similar to those for operating a car while intoxicated, and the prior offenses for boating and for operating a motor vehicle while intoxicated are aggregated together in order to determine how many prior alcohol related offenses the person has. 

BWIs, like DWIs, are enhanceable offenses which means that each offense is treated more seriously than the previous one. There is no mandatory penalty for a typical first time DWI or BWI, unless there are aggravating factors, such as: a prior offenses, children present, etc.  

Differences From Minnesota DWIs

There is some good news regarding boating DWIs as follows:

In Minnesota, open container laws (ie., open bottles) do not apply to boats. Passengers and boat operators can have an open containers containing alcohol. However, boat operators must operate their boats safely and not in a careless manner, or they risk being stopped and cited.
  

Don't Wait. Call For Experienced BWI Defense

If you have been cited for a BWI, call and experienced Minnesota BWI Attorney.  The Rolloff Law Office can assist you.  Call today for a free initial consultation: (612) 234-1165.  

Minnesota Criminal Defense Attorney (How To)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney.  

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn't want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case.  

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.

Beat Any Ticket - Every time (or Die Trying)

When you get a Speeding Ticket in Minnesota be prepared to pay more than the cost of the ticket. Specifically, your insurance company may raise your insurance rates. So, what are you going to do... think about talking to an experienced Minnesota Criminal Defense Attorney about beating a ticket.  Honestly, the money you spend to keep the ticket off of your record will be a huge profit to you in the long run.

Understanding that almost any person that gets caught driving too fast will pay.Here's how we fight back!


Dispute the Police Officer's Opinion

Police officers often cite drivers for making unsafe turns or driving unsafely down a road. These tickets require the officer to put down his personal opinion and come to a subjective conclusion about what happened. If you have received a ticket where the officer needed to exercise some sort of personal judgment about the situation, you may be able to challenge that judgment. For example, suppose you were cited with an unsafe lane change while driving on the highway. If we show up to fight the ticket, we can argue that your lane change was safe given the weather and traffic conditions at that time. To further support our argument, we could also point out that the police officer was in front of you during the lane change, and that, due to the heavy traffic conditions, the officer most likely was paying more attention to the road in front of him rather than a car changing lanes behind him.

Subjective speeding tickets are also issued all of the time --- and it leaves it up to the police officer to determine whether a driver is driving at a safe speed. These speeding tickets are often challenged by those who are cited. If you have received a speeding ticket for going above the posted speed limit we ay be able to challenge the officer's opinion by proving that your speed was safe given the conditions. As an example, if an officer cites you for going 75 mph in a posted 65 mph zone, you may argue that your speed was safe because all of the cars in your lane were also traveling at 75 mph, and thus, it would be unsafe to drive at or below 65 mph.

Dispute the Officer's Evidence

There are yet other types of tickets where the police officer's judgment cannot be called into question. These tickets generally have to do with tickets that are clear cut, like running through a stop sign or making an illegal U-turn. Here, challenging a ticket involves challenging whether or not the officer saw you perform the ticketed action. The results of these types of cases will generally boil down to who the judge believes, and you, as the driver, will often have a high burden to overcome. However, there are certain types of arguments and evidence that you can present that may help your case by calling into question the officer's observations.

Some of the best arguments and evidence to present in such a situation are:

• Eyewitness statements from passengers, other drivers on the road or pedestrians that will confirm your story.
• Diagrams, diagrams, diagrams. The more clearly you can show where your car was in relation to the officer's car at the time of the citation, the more robust an argument you can make. For instance, a great diagram would show that the officer could not have seen you run a red light because he was trailing you too far behind to see whether or not your car was in the intersection at the time the light turned red.
• Photographs of the scene of the alleged traffic violation. Photographs can help you if, for example, they demonstrate your claim that a stop sign was obscured by an overhanging limb, or show that a traffic light was out of power at a certain time of day.

Present You Own Evidence 

In Minnesota, the judge hearing your case will be allowed to come to their own decision regarding the traffic ticket if presented with the right evidence. For certain types of tickets, like running a stop sign, you may be allowed to present evidence that you should not be required to pay the ticket because you made a "mistake of fact."

Mistakes of fact are mistakes made by drivers about the situation. To clarify, it helps to look at a few examples. First, it would be a mistake of fact if you were driving in two lanes because the lane markers were so worn down by use that you could not see them. Second, it would be a mistake of fact to make an illegal right turn because wind had recently blown down the no right turn sign.

Often, a judge will toss out a ticket that has been issued against you if you can show that you had inadequate notice. For example, if you regularly drive a stretch of road everyday and one day are ticketed for running a stop sign that was installed the previous day, you can argue that you had insufficient notice about the new sign, and that you made a mistake of fact. However, if the stop sign was up long enough for you to be aware of it, or if you never drove that stretch of road before, or if you were driving recklessly and failed to see the sign, you would probably not win this argument.

Argue that Your Driving Was Justified/Necessary

Another way to fight traffic tickets is not to deny or point out mistakes in the ticketing process, but rather to admit to the illegal driving but present another fact that makes the illegal driving justified and allowable. This is a great way to fight a ticket because you do not have to dispute the officer's statement or the charge in the ticket, but rather show circumstances that necessitated your driving.

For instance, if you were ticketed for driving too quickly on the highway, you may present evidence that you were passing a car that you thought had a drunk driver. In this situation, your speeding may be warranted as you were trying to prevent an accident that may have caused a multi-car pile up. However, this defense would be negated if the officer could prove that you kept your high speed even after passing the other vehicle on the road.

As another example, if you are ticketed for changing lanes recklessly and stopping on a highway, you may be able to fight the ticket by showing that you felt waves of dizziness and felt like fainting while driving. You pulled over your car and stopped as soon as you could so as to avoid passing out while driving. A judge could very well agree that your conduct was legally justified and throw out the ticket.

If you want to keep you insurance rates down - fight your tickets --- fight everyone of them.  As a former prosecutor, I've been involved in literally hundreds of trials on matters like these.  You would believe what good work can be done to protect you and your future.  Call the Rolloff Law Office today: (612) 234-1165

Minnesota Disorderly Conduct (Explained)

The State of Minnesota defines Disorderly Conduct as the crime of engaging in a brawl or fight, disturbing an assembly or meeting, or engaging in offensive, obscene, abusive, boisterous or noisy conduct, or in offensive, obscene or abusive language that arouses alarm, anger or resentment in others.  


All too often, law enforcement and prosecutors use this as a “catch-all” offense.  If you have been charged with disorderly conduct, you next best step is to contact a Minnesota Criminal Defense Attorney who can help explain your rights and options.  

How Will I Know When I'm Being Disorderly?

Law enforcement can arrest an individual for Disorderly Conduct if that person is disruptive in some way, even if there is no threat of assault or imminent harm to others.  Prosecutors are often overzealous in viewing  certain actions as criminal ones, such as throwing a snowball at a neighbor’s child, yelling at a person in a bar, or making an ”obscene”  gesture in a public place.

Some specific examples of disorderly conduct include:

Public drunkenness
Inciting a riot
Disturbing the peace
Loitering in certain areas
Fighting or other  physical altercations
Obstructing traffic
Use of extremely obscene or abusive language
Loud or unreasonable noise

Penalties for Disorderly Conduct Charges

Those charged with disorderly conduct may be subject to jail time, probation, fines, community service, and restitution.  You may also end up with a criminal conviction on your record.  Whether any of these are imposed depends largely on the nature of your offense and the skill of your Minnesota Criminal Defense Attorney.

What Should You Do?

If you or someone you love has been cited for Disorderly Conduct, contact The Rolloff Law Office for a FREE consultation!  Call (612) 234-1165.  You have options - get FREE answers before you commit to anything.

Minnesota Domestic Assault & Gun Rights (Explained)

As a Minnesota Criminal Defense Attorney, I gets lots of questions about Domestic Violence.

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" who is a 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;
• 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; and
• Persons involved in a significant romantic or sexual relationship.

These definitions are quite 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

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.

• Misdemeanor: First-time offense or no qualified domestic violence-related convictions in the past 10 years;
• Gross Misdemeanor: One prior qualified domestic violence-related conviction in the past 10 years;
• Felony: 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

What is considered a "qualified domestic violence-related offense" under the laws of the State of Minnesota --- here are some examples:

• 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

As you'll note, someone with any of these convictions who then commits a Domestic Assault will face "enhanced" charges and more severe penalties.

Domestic Assault and the Effect on Firearms in Minnesota 

If an individual is convicted of Domestic Assault, and the court determines that the victim was a family or household member, the defendant can be prohibited from owning and possessing fire arms - forever!

Common Defenses

Some defenses to domestic assault include self-defense, defense of another person, defense of property and false allegations.  It is a common scenario to have one the defendant and the alleged victim as witnesses to the assault.  These cases are often referred to as "he said, she said" scenarios.  Factors to consider in such cases include the credibility of the witnesses and the criminal history of the defendant.  Because of assault case presents different facts and circumstances, it is wise to seek the opinion of a criminal defense attorney on possible defenses and the likelihood of success at trial.


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.
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.


Domestic Assault Defense Attorney in Minneapolis, Minnesota


If you face domestic assault charges in the Twin Cities, call the criminal defense attorneys of Keyser Law Firm at (612) 338-5007 for a free consultation.  You can also fill out the "Free Consultation" box on this page to directly e-mail our attorneys.  Our fees are affordable and we accept payment plans for select clients.

Minnesota Traffic Tickets (Explained)

In many instances, a traffic infraction will result in a ticket and a mark on your driving record. All to many individuals will simply pay the ticket and forget about the implications. However, the reality is that every traffic violation you commit can result in more than just a note on your driving record. You are also looking at higher insurance fees - on top of the fines and penalties. Additionally, traffic violations can add up to misdemeanor (and even gross misdemeanor) offenses. You may not only be looking at a poor driving record but also heavy fines, jail time, license revocation, vehicle impoundment and anger management classes.

As a Minnesota Criminal Defense Attorney, I'm asked on a daily basis about what to do about tickets.  Here are some ideas and suggestions:

SPEEDING AND RECKLESS DRIVING ARRESTS

Speed limit violations, speeding in a construction zone or school zone, reckless driving, erratic lane changes and "road rage" can all be classified as traffic violations. You will most likely be handed a ticket by the arresting officer. In some instances, you may be ordered to attend anger management courses or you may lose your license. It is possible to fight these charges, especially if the ticket was given on unjust grounds.

HIT AND RUN VIOLATIONS


Hit and run violations can be classified as a felony offense in certain instances which is why it is imperative to seek legal counsel as soon as you are accused of being involved in a hit and run case. If you are accused of a hit and run, you are innocent until enough evidence has been collected to prove you are guilty.  (Beware - if you're found guilty you can have your license taken away.)

DRIVING WITHOUT A LICENSE VIOLATIONS


If your license has been revoked or suspended or if you are caught driving without adequate insurance, then you will most likely lose your license for even longer and be facing further penalties and fines. It is possible to fight back against these convictions with the right legal defense.  (Even if you're "guilty" - an experienced Minnesota Criminal Defense Attorney can help negotiate an outcome that preserves your driving privilege.)

Honestly, traffic violation cases can be a huge pain in the neck --- because who among us can afford to lose our license or have our vehicle impounded due to a few outstanding traffic violation tickets? This is why it is so important to fight back against traffic violations before they negatively impact your finances and your transportation freedom.  The Rolloff Law Office handles all manner of traffic violation cases, both inside and outside the court, and can provide you and your family with the aggressive representation, dedicated legal assistance and a sound defense that will make all the difference to your case.  Call today to set up a FREE consultation: (612) 234-1165.

If You Think You Need An Attorney ... (Explained)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney. 

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn’t want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case. 

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.

Private Attorney or Public Defender? (Explained)

The United State's Constitution asserts that we all of a right to an attorney - and if you can't afford one, a lawyer will be appoint to represent you.  Now, you may not qualify for the public defender, but if you do, you may be wondering whether you should keep your public defender or choose to hire an experience, private, Minnesota Criminal Defense Attorney.

Public defenders are attorneys paid by the state, who do not choose their clients.  Similarly, you don’t get to choose which public defender you get.  In the case of private attorneys, individuals faced with a crime have available to them a wide array of lawyers with varying skill sets and fee structures to choose from.  Believe it or not, there are good, aggressive and affordable lawyers who can and will help you with your cases. 

Public defenders may be excellent lawyers, and many of them are; in fact, many excellent private criminal lawyers were once public defenders.  However, public defenders are incredibly busy and often handle a caseload that is simply unimaginable to a private attorney.  Because a private attorney chooses what cases he or she will take on, he can control his caseload and ensure that each client receives a high level of attention to detail.  If you are looking for an attorney to be available almost instantaneously on a 24/7 basis, a public defender may not be the way to go.

That being said, not all private defense lawyers are created equal – perhaps an obvious point, but an important one nonetheless.  Use your better judgment; you can glean a lot about the way an attorney will treat you once he has your money from the initial phone consultation and the initial in-office consultation.

Give This a Try

I got my start as a prosecutor - working for the government.  During my tenure working in the DA's office, I saw waaaaaay too many individuals who were under served and overcharged by their attorneys - public and private.  I also saw that there was a need to be filled for those individuals who didn't qualify for a public defender - but needed someone to assist them.

If you or someone you love needs help with a legal issue, call me to set up a FREE consultation.  I think you'll be surprised what some one in the know can tell you about your case - and how little it will actually cost to protect your rights and your future.  Call the Rolloff Law Office, today at (612) 61234-1165

What are Common Defenses for Minnesota Criminal Charges?

When you face criminal charges, it is important to not only be aware of your rights but also the possible defenses available to you. While this post briefly identifies and explains some of the most common criminal defenses, an experienced Minnesota Criminal Defense Attorney should be able to advise you on the best defense for the circumstances of your particular case.

Self Defense

Self defense is a common criminal defense used by individuals who are charged with violent crimes such as Assault. When this defense is used, a suspect admits that they committed a crime, but justifies their actions by claiming the other person was threatening them. In this way, the suspect’s actions were not intentional or pre-mediated, but in response to behavior that threatened his or her own safety.

The Insanity Defense

The insanity defense is a controversial criminal defense used by individuals who do not have control of their behavior or do not understand that their actions were wrong. If an individual is not able to understand basic principles of morality or cannot …the law asserts that such people are not accountable for their actions. In this way, the insanity defense prevents people who do not have the capability to control their actions or the capacity to understand the consequences of their behavior from being punished as criminals. It is important to be aware that while individuals may not face criminal penalties if this defense is successful, they may be confined to a mental facility for a longer period of time than would have been permissible by criminal incarceration. 

Statute of Limitations Defense

If you are charged with a crime it is important to know that you may only be charged with a certain crime for a limited amount of time after an offense occurs; this is known as a statute of limitations. The statute of limitations varies depending on the crime and the state in which the crime took place. Therefore, it is very important to contact a criminal defense attorney if you have been charged with a crime that took place a number of years ago as the statute of limitations may have run out and you may not legally be tried for the criminal charges that you face. Be aware that statutes of limitations do not prevent you from being prosecuted when they expire. Rather, statutes of limitations prevent you from being charged with a crime when they are expired.

The Alibi Defense

An alibi is a strong criminal defense if you have evidence that supports you were in another location at the time an alleged criminal offence took place (see What’s an Alibi?). To assert this defense often demands that you have evidence and eyewitnesses that can testify to your whereabouts on the date in question. If you have sufficient evidence, the alibi defense is very powerful since you could not have possibly been in two locations at once. An experienced criminal defense attorney should be able to advise you on what kind of documentation you will need to support your alibi and help you track down eye witnesses that are willing to testify about your alibi.

The Entrapment Defense

It is illegal for the government to induce you to commit a criminal offense and then try to punish you. When the government acts in this way, it is called entrapment. While this can be an effective defense in criminal cases, it is not always the best defense. This is because you may still be convicted of a crime if the judge or jury believes you were predisposed to committing the crime anyway. A predisposition is largely based on prior criminal activity; therefore, if you have prior convictions for the same type of crime, entrapment may not be the best defense for your case.

Get a Former Offense Member or Your Defense's Side

There are many other defenses that may better suit the circumstances of your particular case. And an experienced Minnesota Criminal Defense Attorney should be able to advise you on how to develop a strong defense. Criminal charges are serious matters and it is a good idea to hire an attorney on your side.  Let me put my background as a former prosecutor to work for you to win you the results you're seeking.  Call today to see what a former DA can do for you and your defense.

Minnesota DWI - Prescription Drugs & Cold Medicine (Explained)

Many of you have probably have heard of Drunk Driving, DUI and/or the phrase "driving under the influence," but  do you know exactly what that means?

Some might say it just means driving under the influence of alcohol or illegal drugs like marijuana. That's correct - but, what many people fail to realize is that it also means that a person can be charged with a Minnesota DUI when he or she drives a motor vehicle under the influence of legal substances - like drugs prescribed by a doctor and even cold medicine.

In the State of Minnesota, it's true that people will face DUI charges if they have a blood alcohol concentration (BAC) of (.08) or more. But it's also true that a driver can be charged with a Minnesota DUI even if they haven't even been drinking at all.

Believe it or not, the police can pull over and cite drivers for driving under the influence of any substance - legal or otherwise - if they find, for example, that that substance has influenced their ability to drive. 

What Should You Do?

If you or someone you care about has been arrested for a Minnesota DUI, you'll need someone who knows how to contest these charges.  I'm an experienced Minnesota Criminal Defense Attorney.  Call me today to set up a no-cost consultation to discuss what the Rolloff Law Office can do to protect your rights - and your future.

Why Should You Fight Your DWI Arrest?

If my experience as a prosecutor and as a Minnesota DWI Attorney has taught me anything it's that well-meaning individuals fail to fully appreciate the nature and consequences of becoming entangled in the criminal justice system. Nowhere is this more evident than with those charged with a (first) DWI.

For whatever reason, too many people will either try to represent themselves and/or hire a general practitioner-type attroney.  IMHO, neither have the knowledge or experience to provide their clients with the advice that they'll need to best serve their interests - in the short and long term. 

Believe me, and I've seen it often enough to know, a Drunk Driving conviction can change somone's whole life - not only in due to the penalties imposed by the judge like large fines, community service obligations and possible jail time - but also because of the long-term collateral consequences that can have a lasting and signifigant impact on one's future.

What Sort of Long Term Impacts?

One example of the severity of Minnesota's DWI penalties, can be illustrated by a gentleman I'll call Paul - a successful salesman.

In the fall of 2007, Paul was cited for Drunk Driving. Not believeing that anything could really be done about his arrest (because he'd been drinking before he drove,) he walked into court without an attorney and "fell on his sword" - pleading guilty without first fully assessing the true nature and consequences of his actions.

To say that he came to regret this decision would be an understatement.  See, due to the nature of Paul's work - having a valid driver's license was a necessary prerequisite.

Paul's loss of his driver's license effected his ability to meet clients. As such, he had to either beg, cajole or hire other people to drive him to client meeting or risk being caught driving on a suspended license. 

Then there was the stigma of his arrest and conviction.  Once word got around about that, some of his clients became reluctant to deal with him and his sales numbers suffered.  Then, when the recession hit Paul was laid off - owning in no small part to his declining sales numbers and performance.

As anyone who has been out of work can appreciate, it’s tough out there - to find that next job or even get that first interview.  What Paul learned sas that these difficulties were made worse by his dependence on others to give him rides to interviews. (This continued even after Paul had his driving privledges re-instated because he could not afford the expensive insurance premiums he was now being asked to pay.)

If Paul was lucky enough to gain an interview - where he could demonstrate his skills and past successes - he often left those meetings feeling as though he would be offered the job.  However, that wasn't the case. After a while, Paul came to conclude that maybe his DWI arrest was the deciding factor - after he came to learn that anyone (including a potential employer) could easily access Minnesota criminal records online.

Of course, without a job Paul was unable to keep up with his bills - first being forced to sell his vehicle and soon thereafter his townhouse.  As the recession continued, he ran up of credit cards, and due to his mounting debt he was forced to sell anything of value

The vicious cycle continued until he was forced to declare bankruptcy in late 2009 and later eventually divorce in 2010.  He fell in to depression and substance abuse. 

Once a symbol of the American Dream, Paul is now a casualty of the war on Drunk Drivers.

What Can You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer.

I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call the Rolloff Law Office today to schedule a free, no-obligation consultation, today.

Hiring a Minnesota Criminal Defense Attorney (Cost)

All too often when I field calls from individuals who have been charged with a crime who are seeking legal advice and representation- the first question out of their mouths is: “What do you charge?”

Although an important factor in any endeavor, in all do respects COST should not be the deciding factor when someone's rights, freedoms and ultimate future are on the line.

What Should Somone Be Looking For in an Attorney?

If you require the services of a Minnesota Criminal Defense Attorney, a major consideration that should be at the top of anyone's list is whether that lawyer is going to be aggressive and if he is going to fight for you and your defense.

Trust me, when you hire an attorney that will charge a flat fee (based on the amount of work necessary to defend you in court,) the cheapest attorney is usually not the best attorney. And considering that you only get one chance at these things - usually - it would be a serious mistake to hire a lawyer on cost alone.

What You're Up Against

The government's attorneys have almost unlimited resources available to them when it comes to prosecuting and proving their charges against you. As such, you need to hire a representative (and pay a fee) which will allow that lawyer to put in the necessary time and effort so that he can aggressively defend you and your rights.

When you hire the guy who charges the least, do you believe his attitude is going to be "whatever it takes" to defend you? Or is his attitude going to be: How quickly can we plead this case out? 

Why Does it Cost What it Costs?

One thing you're paying for when you hire a Minnesota Criminal Defense Attorney is his experience - his knowledge of the law an how "the system" works.  When you look for the lowest cost - chances are your sacrificing one of those things.  And believe you me, your reluctance to pay today could cost you much, much, much more in the future.  Again, you only often get one chance at these things; therefore, you need to think of the costs you incur today as an investment. An investment that seeks to ensure that you will not have to pay more in the future - by way of the impacts on your ability to work, your overall freedoms and your ultimate quality of life.

The Next Step

When you hire a Minnesota Criminal Defense Attorney, you should consider more than just price. Ask yourself this, in addition to the out-of-pocket-costs you'll incur --- what else is important to you?  Do you want personal attention, aggressive representation, someone who is experienced in getting his clients just and fair results?

Hey, I've worked on both sides of the aisle - as a prosecutor and a criminal defense attorney. I know the law, I know the government's schemes and motivations - and as a result, I know how to get my clients the results they desire.  Oh, and, I charge a reasonable, well-earned fee.

If you or someone you know needs effective representation - feel free to contact me today to schedule a free, no obligation consultation.

The Breathalyzer (Explained)

Most Minnesota drivers are familiar with what a Breathalyzer is and what it is alleged to do.  (In Minnesota, the Intoxilyzer 5000 is the device of choice in most jurisdictions; however, that will soon be changing as it is phased out and new Datamaster machines are employed. 

At their most basic, these devices are used by law enforcement to determine if someone is Driving Drunk - to see if a driver's alcohol concentration is (.08) or greater. 

What Does (.08) or Greater Mean For You?

If you learn one thing today, I hope it is this - a breath test result of (.08) or greater does not necessarily mean that someone is too drunk to drive. Rather, all lawmakers have done is mandate that that level of alcohol concentration in someones system - (.08) or greater - is by itself enough to determine that someone is too drunk to drive. Ass such, nothing much else about one's ability to drive really matters. The result is the result - as far as the cop, prosecutors and all to often judges and juries are concerned. Therefore, instead of being able to make a case that a driver's perceptions, conduct, balance and/or judgement are not effected by the amount of alcohol in his or her system, the work of an experienced Minnesota DWI Attorney  is often centered around taking on a machine printout that by itself is presumed to prove someone is too drunk to drive a vehicle properly.

The Problems with Breath Testing

A breath tests top task is to test the level of ethyl alcohol in your blood. (One's breath is tested, instead of blood, because it is cheaper and less intrusive.)  This is done by determining the relationship between the alcohol content in one's breath and then extrapolating that number out to determine the alcohol content in one's blood. This can be done because one way alcohol is expelled from the body is through he deep tissues of the lungs which is then breathed out of the body.

However, because it is not blood - there can be problems.  Not the least of which is that the temperatures in the lungs changes throughout the process, IMHO limiting the true true relationship, or correlation, between the alcohol in your breath and in your blood - often leading to grossly inflated overestimations.  Another problem is that humans have been found to have ethanol alcohol in their systems - even without having having had consumed alcohol.  There are also extensive issues surrounding how one's breath is tested - and what the machine does and does not "read". 

At the end of the day, I feel comfortable asserting that breath test machines, like the Datamaster and the Intoxlyzer 5000, aren't 100% accurate. Therefore, the results they produce - the almighty number that will label you a Drunk Driver - is likely inaccurate. 

What Should You Do?

In addition to digesting the information collected here about the "hows" and the"whats" of Minnesota's DWI laws -  if you or someone you love has been arrested for DWI - your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights and to have him fight for you in court.