Hennepin County Driving After Suspension (Explained)

The loss of your Minnesota Driver's License can complicate so many things ... and lead to tickets/criminal charges ... that you should know your rights.  

As  a Minnesota Criminal Defense Attorney, I have helped hundreds of people with this problem.  Hopefully some of the information that I have offered here helps.  If you need to know more, please feel free to call the Rolloff Law Office: (612) 234-1165.

Driving After Cancellation (DAC), Driving After Revocation (DAR), Driving After Suspension (DAS), and Driving After Disqualification are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Drunk Driving arrest or conviction. 

The Law

These offenses are governed by Minnesota Statute 171.24, which reads:

[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license,” while the person’s license or privilege is suspended, revoked, or canceled. 

If the “person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license, while the person’s license or privilege is canceled or denied.” 

Consequences

If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much steeper.  

Minnesota Statute 168.041 subdivision 2 states, 

If a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.   

Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to a third party.  If you want to work to get your privledge back and/or keep the consequences to a minimum, call the Rolloff Law Office to set up a FREE CONSULTATION - today: (612) 234-1165

The Difference Between a Misdemeanor & Felony (Explained)

As an affordable Minnesota Criminal Defense Attorney I get lots of questions --- here is one of the most common: 

What is the Difference Between a Misdemeanor and a Felony?

In the State of Minnesota you can be charged with a petty misdemeanor, misdemeanor, gross misdemeanor, or felony. With the exception of felony charges, the other criminal charge classifications dictate the maximum punishment a Minnesota court is allowed to impose upon a conviction. 

By contrast, felony charges, the most serious of criminal charges in Minnesota, are characterized as having a risk of imprisonment of at least one year and one day. Petty misdemeanors are the least serious of offenses charged in Minnesota, with no risk of jail.

Petty Misdemeanors are not a crime as the maximum punishment allowable by law is a $300 fine. Regardless of the nature of the petty misdemeanor, by definition, there is never any risk you will be subject to any jail sentence stemming from a conviction. Unlike more serious charges, there is no right to have a public defender appointed to represent you. Additionally, because a jail sentence is not allowable under the law, the verdict at a petty misdemeanor trial is decided by a judge, not a jury. Although petty misdemeanors are the least serious offense in Minnesota, a conviction is of public record, and accessible by employers, landlords, etc.

A Misdemeanor conviction in Minnesota carries a maximum punishment of 90 days of jail, or $1,000 fine, or both. Because there exists a risk of jail if convicted, you have a right to an attorney and to have your case decided by a jury of six of your peers if you are charged with a misdemeanor. Like all other convictions, you may be subject to collateral consequences above and beyond jail and/or fines as the conviction record is public.

Gross Misdemeanor convictions carry a maximum punishment of one year in jail, or a fine $3,000, or both

A Felony conviction carries at least one year and one day in prison, plus any associated fines. In addition to the prison sentence and fines resulting from a felony conviction, you will likely be subject to numerous other collateral consequences. For example, you may lose many important constitutional rights such as your 2nd Amendment firearms rights or your right to vote. Other consequences of a felony conviction include difficulty securing employment and housing. Although felonies are characterized by a sentence to prison of at least a year and a day, depending on your criminal history, the Minnesota Sentencing Guidelines oftentimes dictate that a prison sentence be stayed, conditioned on a successful probationary period and local confinement in a county jail or workhouse.

Bear in mind that, with exception of felonies, the punishments outlined above provide the maximum allowable jail and fines. However, even if you are convicted of a misdemeanor or gross misdemeanor, having an experienced criminal defense lawyer like J. Rolloff to advocate on for you typically results in a sentence substantially less than the maximum allowable sentences or no jail at all. Contact the Rolloff Law Office ---  24 hours a day, 7 days a week. For flexible and affordable payment options, confidential and personal service, aggressive representation and a free initial consultation, Call today: (612) 234-1165.

Hiring a Minnesota Criminal Defense Attorney (Explained)

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

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

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

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

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

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

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

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

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

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

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

How Do Pricing and Fees Work?

 

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

 

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

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

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

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

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

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

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

 

 

 

What Can You Do Now?

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

Public Defender or a Private Attorney (Explained)

Don't get me wrong, public defenders play one of the most important roles in the the criminal justice system.  As a prosecutor, I worked with a number of public defenders who'd I put in the same league as the best (and most expensive) private Minnesota Criminal Defense Attorneys - and they often do their work with little to no budget. Time and time gain, I observed these public servants provide, to individuals who just cannot afford to hire a representative, the essential safety net that's guaranteed in the constitution.  However, as the illustration above points out there are common issues - like a lack of oversight, absence of specialized legal training, high turnover, and excessive case loads - that plague the public defender offices all over the country. This article points out some of the larger problems facing individuals in the State of Minnesota.

You will have almost no chance of winning your case if you choose the wrong attorney.

Understanding the current state of most people's pocketbooks, many individuals find themselves eligible for the services of a public defender.  These state-paid attorneys, sometimes called “public pretenders” can be unfairly branded as not-so-great lawyers. In reality, many of them provide outstanding services to the accused. But, consider some of the limitations listed-above when weighing whether or not you should hire private counsel - especially when you consider your future.  .

Time. Public defenders have increasing case loads, now more than ever. Due to the economy, defendants are turning to public service attorneys over private attorneys because they cannot afford the fees. As a result, public defenders get stuck with too many cases to handle, driving down the quality of their representation. Often a public defender will not even look at your case until you meet him for the 1st time right before court. The attorney may not want to fully explore your defenses or may simply convince you that the first offer is a “great deal” so he or she can tackle the dozens of other cases after yours.

Choice. You do not get to choose who your public defender is. A large part of hiring private counsel is the ability to screen for an attorney who makes you feel comfortable. Being charged with a criminal offense is never a pleasant experience. As such, you need an attorney who will put you at ease and make you feel comfortable in making the decisions affecting your future.

No Implied Consent Representation. If you are charged with Drunk Driving, a public defender cannot represent your implied consent challenge (also referred to as the “civil” side or the “license” portion of a DWI case). The only way to recover your suspended license is to hire a private attorney.

What's the Alternative?

I understand that anyone accused of a crime wants a skilled attorney to handle their case.  My client's (who've previously been appointed a public defender) tell me that they had no choice but go with that option first because they thought that my fees were simply too high.

Believe it or not, when you view these fees in the context of an "investment" in your future- understanding that you only get one chance to fight this thing that could impact you everyday for the rest of your life - I think you'll see that The Rolloff Law Office's reputation for providing exceptional legal defense at competitive rates is correct.  Plus, I also offer flexible payment plans to my valued clients.

Call me today to speak to an experienced Minnesota Criminal Defense Attorney directly at (612) 234-1165.  I have the time listen to what you want to happen with your case - and I'll work doggedly to make that a reality.

Fair Play?

As the esteemed Mr. Ward rightly asserts in this article - and any client should know - defense attorneys have an "absolute right" to request reassignment if they don't believe a judge can be fair.

As a matter of fact, I'll take it one further - as a Minnesota Criminal Defense Attorney, it is my overriding responsibility to do the best that I can do for my client - and if that means that I know a judge is not going to give my him or her a fair shake - then I have a duty to remove that judge.

If the government is going to come after you - if they are seeking to take away your rights and freedoms, to fine you huge sums of money, and to possibly do harm to your reputation and to your future - then the least that they can do is to allow my client and I to have their case decided out on a level playing field. To do otherwise, cheapens justice for all of us.

Post St. Patrick's Day DWI Break Down

From the March 17, 2011, Star Tribune - Metro (Public Safety) Section - A Few Sobering Notes on Driving Drunk.

Did you know?

St. Patrick's Day is the second-deadliest holiday for alcohol-related traffic deaths, according to the state Department of Public Safety.

So...

Extra DWI patrols will be on the roads on St. Patrick's Day to nab drunk drivers.

Sobering Facts:

- Alcohol-related crashes on St. Patrick's Day accounted for four of seven Minnesota traffic deaths from 2007 to 2009.

- 909 drivers were arrested for DWI during that time.

- Each year in Minnesota, alcohol-related crashes account for more than 140 deaths. More than 30,000 motorists are arrested for DWI.

- One in seven Minnesotans has a DWI on record. A DWI offense can result in loss of license for up to a year, thousands in costs and possible jail time.

What They Say

"There are plenty of safe alternatives available on St. Patrick's Day, so there is no excuse for anyone to put lives at risk by driving impaired," says Jean Ryan, impaired-driving program coordinator in the DPS' Office of Traffic Safety.

Gonna Drink All Day?

Drinking for long periods will produce high alcohol-concentration levels that will not drop below the legal limit -- even with breaks in drinking in the morning or afternoon, Ryan said.

---

There are many ways to celebrate the saints, from Patrick to Valentine to Old Nick. If drinking is part of that party - enjoy in moderation. If your definition of that differs from that of the government - and you find yourself having to answer to them for as much - your first, best defense is to contact a Minnesota Criminal Defense Attorney and learn about how your rights and your future can be preserved.

I understand that when your facing legal charges you want to find a representative that you can trust. One way I try to demonstrate that I have my client's best interests at heart is through the individualized attention I provide. Work with me and you'll understand what’s happening at each step of the process. I'm private, easy to talk to, and I help my clients get positive results.