Affordable Lawyer - How You Can Tell (Explain)

Whether or not you've dealt with a Minnesota Criminal Defense Attorney or Minnesota DWI Lawyer before, you probably assume one thing - it's going to be expensive. And, if you are like me or like most people, you want to get the best lawyer possible for the lowest amount of money possible. Is that possible?

The DWI lawyer or criminal defense lawyer you decide to hire is going to be trusted with a lot of responsibility. They are holding your life in their hands. If they don't do the work they promise, or put forth the effort they promise, or pick up the phone when you call, you could end up in jail, you could end up with huge fines, and you could wind up losing everything that is important to you. What is your freedom, your hard earned money, and your reputation worth to you?

The Rolloff Law Office Doesn't Bill By the Hour, and We Don't Ask For More Money

At The Rolloff Law Office, we have a very simple fee structure. We have one price for your case, and that's it. That price depends on several factors, including the difficulty of your case, the facts of your case, and the expertise required for your case. But that one price is all we'll ask for. That means if you want or need to go to trial, we'll go, without asking for more money. Most Minnesota Criminal Defense Attorneys don't offer that. Most attorneys make you pay more to go to trial. They do it because they don't want to go to trial. When you sign up with us, you can trust that we'll do whatever it takes to win your case.

With This Much At Stake, Do You Really Want the Cheapest Option?

A lot of people are scared off by the fees we charge. We aren't the most expensive criminal defense and DWI defense law firm out there, but we aren't the cheapest. And the reason we aren't the cheapest is we provide far more value than the attorneys out there selling you on price. What we offer is unlike any Minnesota Criminal Defense Attorney out there. We offer great legal services, we offer great results, and we offer you the trust that at the end of the day we are doing everything we can to get the results you deserve.

A criminal charge is extremely serious. At a minimum you are facing 90 days in jail and a $1,000 fine. And the stakes only go up from there. I liken it to getting surgery. A bad result can affect you for the rest of your life. If you were getting brain surgery, would you want the cheapest guy you could find to do it? No. You'd want the best. You'd want someone with a proven track record. Even if you had to pay a little more for it. You'll get that with us.

If you need a Minnesota DWI Attorney, ready to help. We offer a FREE CONSULTATIONS and we are available 24 hours a day, 7 days a week to assist you. Call us today at (612) 234-1165 to find out how we can help you.

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 Criminal Sentences (Explained)

As a Minnesota Criminal Defense Attorney I get questions --- lots and lots of questions.  Here's one -about outcomes to criminal cases -- arranged from "best" to worst.

What are Some of the Different Types of Minnesota Criminal Sentences?

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): The state sets aside your case for a predetermined amount of time, and they dismiss the case after that period of time if you fulfill their conditions.
• Stay of Adjudication: The defendant offers a guilty plea to the court, but the court does not accept it. There is then a probationary period set with certain conditions. If the terms of the probationary period are met, the case is dismissed at the end of that period.
• Stay of Imposition: The defendant offers a guilty plea to the court which the court accepts, but does not impose the full sentence. There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
• Stay of Execution of Sentence: The defendant offers a guilty plea which the court accepts. The defendant is then placed on probation, with certain (or all) terms of the sentence are stayed (not given). For example, someone who is sentence to 45 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence: The defendant offers a guilty plea which the court accepts, and the sentence is imposed without any terms stayed. For example, someone who is sentenced to 30 days jail “executed” would actually have to serve that jail time.

Want to Know More?

Obviously, there's more to what goes on in court that can be set forth here.  If you have any questions about Sentences --- or anything related to your dilemma --- call the Rolloff Law Office today and set up an apointment for a Free Consultation: (612) 234-1165.

Minnesota's Implied Consent Law & Test Refusal Crimes (Explained)

The Minnesota Implied Consent Law requires that anyone who “drives, operates, or is in physical control” of a motor vehicle in Minnesota consents to be subject to Minnesota's Drunk Driving Law and the Implied Consent Law.  The Implied Consent Law further requires a person to submit to a chemical test of their blood, breath, or urine (or face a criminal charge for test refusal) when a peace officer has probable cause to believe the person has violated Minnesota DWI law (and other specific circumstances exist).  If this sounds even remotely confusing, consider consulting an experienced Minnesota Criminal Defense Attorney - please.

The purpose of the chemical test is to determine the presence of alcohol, a controlled substance  or its metabolite, or a hazardous substance, and the test must be given at the direction of a peace officer (e.g. a police officer).

When a Chemical Test Can Be Requested

A peace officer has the option of requesting a chemical test when they have probable cause to believe a person was driving, operating, or in physical control of a motor vehicle in violation of the DWI law, and at least one of the following conditions exist:

1. the person has been lawfully placed under arrest for violation of Minnesota’s DWI law (or an ordinance in conformity with it);
2. the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death;
3. the person has refused to take the screening test (preliminary screening test/portable breath test (PBT)); or
4. the screening test was administered and indicated an alcohol concentration of 0.08 or more. 

The test may also be required of a person when a peace officer has probable cause to believe the person was driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol.

Implied Consent Advisory

The Implied Consent Advisory is a provision of Minnesota’s Implied Consent Law which requires the peace officer to inform the suspect of the following before requesting a chemical test submission:

•  Minnesota law requires the person to take the test:
•  to determine if the person is under the influence of alcohol, controlled substances, or hazardous substances;
•  to determine the presence of a controlled substance listed in Schedule I or II or metabolite, other than marijuana or tetrahydrocannabinols; and
•  if the motor vehicle was a commercial motor vehicle, to determine the presence of alcohol;
•  that refusal to take a test is a crime;
•  if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person’s consent;
•  that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

The Test Refusal Crime & Administrative Penalties

Criminal Penalties

It is a crime in Minnesota to refuse to submit to a chemical test of blood, breath, or urine under the Implied Consent Law.  The criminal penalties depend on the unique circumstances of the case and the prior record of the defendant.  As an example, a typical first-time DWI offender who is charged with test refusal is subject to a gross misdemeanor level offense (up to one year in jail and/or up to a $3,000 fine).

Administrative Penalties

In addition to the criminal penalties associated with the Implied Consent Law & Test Refusal Crime, there are also significant administrative penalties.

Test Refusal Penalties

There are significant administrative penalties (e.g. license revocation) which apply to test refusal under the Implied Consent Law  (i.e. when a peace officer has probable cause to believe a suspect has violated the DWI law and they refuse to submit to a chemical test).

Specifically, a peace officer can immediately serve a notice of intention to revoke/revocation on a suspect on behalf of the Commissioner of Public Safety upon test refusal, and also must take the following steps:

•  invalidate the person’s driver’s license or permit card by clipping the upper corner of the card in such a way that no identifying information including the photo is destroyed, and immediately return the card to the person;
•  issue the person a temporary license effective for only seven days; and
•  send the notification of this action to the commissioner along with the required certificate.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example, the period of license revocation is one year for a first-time test refusal offender.

Test Refusal Criminal Conviction Penalties

In addition to the administrative penalties for test refusal  under the Implied Consent Law, there are also administrative penalties (e.g. license revocation) which result from a test refusal criminal conviction.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example,  the period of license revocation is 90 days for a first-time test refusal offender.

To fully understand your options, please take the time to speak with an experienced lawyer.  The Rolloff Law Office has handled any and all sorts of criminal matters --- DWIs and otherwise.  Call today to set up a FREE CONSULTATION: (612) 234-1165

Minnesota Implied Consent Law (Explained)

Believe it or not - any individual who chooses to drive, operate, or be in physical control of a motor vehicle is assumed to have already consented to a breath, urine, or blood test to determine the presence of alcohol or hazardous or controlled substance in the body.  (See ... the things you probably didn't know that you didn't know --- this is why you need to speak to a Minnesota Criminal Defense Attorney.)  This chemical test is administered only after a police officer has established that there is probable cause to believe a Drunk Driving violation has occurred and that the person has been subsequently placed under arrest.

When is Probable Cause Established?
Probable cause exists only after a police officer reasonably suspects an impaired driving violation by observing impaired driving behavior.  This is usually accomplished when the officer observes any erratic driving conduct prior to the traffic stop. It can also be effectuated after the officer stops a driver - in their subsequent interaction.  (Here, the cop is looking for slurred speech, bloodshot watery eyes and the accused's overall appearance.) The officer will also critique the driver’s performance on some Field Sobriety Tests. Generally, after these tests a thorough officer will ask the driver to perform a preliminary breath test ("PBT") test to confirm his belief of impairment.

If an officer believes that probable has been established, the officer may then place the driver under arrest and (only) after reading the Minnesota Implied Consent Advisory, request an evidentiary breath, urine, or blood sample.

The officer is required to read the advisory - explaining that the test is mandatory, refusal to take the test is a crime, and the driver has the right to consult or speak with an attorney before agreeing to take the test. The individual is given a “reasonable period” of time under the “totality of circumstances” standard to contact an attorney.

Blood or Urine?

It is the officer that decides whether to administer a breath, urine or blood test. The Minnesota Bureau of Criminal Apprehension (BCA) analyzes blood and urine samples and forwards the results to Minnesota Department of Public Safety (DPS).

If a driver is asked to take a blood test - the individual can refuse - and the officer has to be afforded him or the chance to take breath or urine test.  That right to refuse also extends to urine - meaning that you can say "no" and the officer has to offer blood or breath.  (The rational is that some individuals are adverse to needles and they shouldn’t be charged with the crime of refusal simply because of this fact. The same rational applies to those who are offered a urine test, but for some reason are not able to physically urinate at the time.) However, if you're offered a breath test - you are required to do as much - or you do subject yourself to possible legal consequences.

What Should You Do?

My suggestion to anyone facing a legal dilemma is "talk to a lawyer."  Honestly, you only get one chance (all too often) to take on these things.  Get the answers you need to make the next right decision - your future could depend on it.  Call the Rolloff Law Office today at (612) 234-1165 to set up a FREE Consultation. 

Minnesota DWI - Physical Control (Explained)

Being a Minnesota Criminal Defense Attorney for as long as I have, one of the most difficult concepts I've had to relate to far too many clients the notion of “physical control” as it relates to Drunk Driving cases.  In other words, the idea that someone could be charged or convicted of a Minnesota DWI for just sitting or lying in a motor vehicle.

Granted, this one can be a real head-scratcher --- you can get a DWI for not driving and/or "sleeping one off"?  Sadly, the answer is big fat YES!

What's Up With That?

Over the last several years, Minnesota Courts have given a very broad definition of “physical control” when it comes to DWI charging. As an example, in a January of  2010, the Minnesota Supreme Court ruled, in the case of the State of Minnesota vs. Fleck, that it was proper for a jury to find Mr. Fleck guilty when  he was found asleep in his motor vehicle in the parking lot of his apartment complex.

In this case, when the cops got on the scene,  they found Mr. Fleck asleep behind the wheel of his vehicle with the driver’s side door open and the ignition keys in the center console of the vehicle between the driver and passenger seats.  As is often the case, with these sorts of matters, there is an assumption that, although law enforcement did not see the actual driving conduct, it’s clear that the individual actually drove to the location based on other circumstantial evidence. However, in Fleck, the officer’s had determined that Mr. Fleck had not recently driven his motor vehicle because the car was “cold to the touch”, the lights were not on, and it did not look as though the vehicle had been running. However, the Minnesota Supreme Court found that Mr. Fleck was in a position to exercise domain over his vehicle. In other words, without too much difficulty, the Court believed he  could have made his motor vehicle a source of danger on the roadways by awakening, in an intoxicated state, and then subsequently taking the keys from the console and starting the vehicle and driving off.

Isn't that ice to know --- that law enforcement can just "know" (ala the Tom Cruise movie “Minority Report”) not just what you've done but also what you're going to do --- even before you do it?

Again, as an experienced Minnesota DWI Defense Lawyer, who has had to argue the concept of “physical control” many times throughout my career, this decision comes as little surprise. Nevertheless, this case is remarkable in the sense that there was actual evidence that the driver did NOT drive the motor vehicle to the location, but the Court still found “physical control”.

Now, does this mean that this result will always repeat itself --- that there is no hope?  Not necessarily.  As a matter of fact, often cases such as these can be negotiated (often at something less than a DWI) if you engage the services of a someone who knows what he's doing when it comes to criminal defense.  If you want answers for your legal dilemma - call The Rolloff Law Office today @ (612) 619-0262.  Just because you've been charged does not mean you'll be found guilty.  Believe it.

Minnesota Assault Charges (Explained)

What is considered an assault crime? Under the laws of the State of Minnesota, an assault is an act done with intent to cause another injury or imminent fear of injury in another individual.  This offense is generally broken down into a number of categories, or degrees.

If you are accused of an assault crime, then you could be looking at more than just a slap on the wrist. Most assault crimes are considered felony offences and come with a long term prison sentence, hefty fines and restitution to the victim if convicted.

Some of the various assault crimea that  Minnesota Criminal Defense Attorney J. Rolloff defends includes:

 First degree assault
 Second degree assault
 Third degree assault
 Forth degree assault
 Fifth degree assault
 Domestic assault
 Sexual assault cases

Living with an assault conviction can be extremely difficult. However, an assault accusation is not an automatic guilty sentence!

Do not accept defeat! If you have been arrested or accused of assault, then an experienced Minnesota Assault Lawyer will be able to assess your situation, determine your options for defense and ensure that your legal rights are protected before, during and after the court process.

An allegation, accusation or arrest does not mean you will be automatically found guilty – an experienced Minnesota Criminal Defense Attorney can help clear your name so you can move on with your life.

If you have been arrested for an assault crime, it is important to remain as calm as possible. Stay out of the limelight and avoid triggers that could make the situation worse. They may include drugs, alcohol and certain people. You want to avoid an assault conviction at all costs. Even after you have served your time, an assault conviction will remain on your permanent criminal record which can be accessed by potential landlords, employers, schools and financial institutes. They may be hesitant to work with you if you have this serious felony offense on your record.

What is at Stake?

If you are charged with assault, you are looking at anywhere from 90 days in jail to 20 years in prison, depending on the severity of the crime and the circumstances surrounding the events. You could also be looking at a fine of anywhere from $1,000 to $40,000.

While first, second and third degree assault crimes are considered felony offenses, fourth and fifth degree crimes are considered gross misdemeanor and misdemeanor offenses. If this is not your first offense, you could be looking at an even longer jail term. In some instances, an assault accusation may be linked to another crime, such as a robbery or a sex crime. You could also be looking at even more severe punishments if you are facing more than one degree of assault or if you have a past criminal record or history of assault.

What Should You Do?

Minnesota Criminal Defense Attorney, J. Rolloff has years of experience - from both sides of the aisle - in all manner of assault case and can provide you with the legal services you need during this difficult time. For affordable payment options, aggressive representation and confidential legal advice when you need it most, contact The Rolloff Law Office today at (612) 234-1165.

Avoid a Minnesota DWI (After You've Been Pulled Over)

I don't think that anyone ever plans one being pulled over by the police for a DWI but if you are one of those types who likes to be prepare for every eventuallity, then here are some helpful tips.

Propbably more than any other criminal offense, law enforcement is often hard at work arresting people for Drunk Driving.  Believe you me, the cops are looking to make arrests and in the process often arrest perfectly innocent people or shortcuting  investigation to make their stats.

So what should you do to make sure you are not falsely convicted of a Minnesota DWI? 
Here are five practical tips you can follow to protect yourself and your rights:

1. Shut up!

The consitution affords you the right to remain silent; so use it.  It’s amazing how many people try to reason with the officer and end up talking their way into trouble instead of out of it.  Don’t tell them where you are coming from; don’t tell them where you are going.  Just give them the requested documents and identification information and stay quiet.

Sure, the police will try to pressure you to talk.  They may lie and say things like “Looks like you’ve got something to hide” or “By not cooperating you’re only making things worse for yourself.” Don’t fall for these lies and pressure tactics.  Politely answer: “Officer, I choose to use my right to remain silent”.
Remember, “ANYTHING you say, can and will be used against you in a court of law.” But, your silence can never be used in that manner.

2. Don’t Blow

The portable breath testing (PBT) machines that the police use in the field are very inaccurate. Even if you have had nothing to drink, the faulty technology in these machine can still produce an erroneous result.  The good news is blowing into them is 100% optional. So, refuse it.

Your refusal to blow into these devices cannot be used against you in the State of Minnesota  Granted, failure to do as much might lead to your arrest - but if the officer intended on arresting you --- then this test was going to be your saving grace anyway.  (Note: You you do have to submit to the request for a blood, breath or urine sample asked of you back at the cop shop.  If you do not, you maybe charged with a DWI Refusal.

3. Don’t Do the Field Sobriety Tests

Sometimes police officers will ask you to step out of the vehicle to perform some physical tests like the Walk and Turn, a one-leg stand and/or follow-my-finger-with-your-eyes test.  Like the PBT, these are also completely voluntary and can only cause you trouble.  Many sober people have physical conditions that may cause them to fail or they might be clumsy or nervous.   This is why you are better off staying put and refusing.

4. As Soon as Possible: Write Things Down

Make sure to take notes so you don’t lose track of important facts. Don’t give it to anyone.  Make sure to note the time of stop, where it was made, weather conditions, the name of the officer, names of witnesses and any other possible details.  Details win cases and the more you have the stronger your case can be.  (Believe it or not - law enforcement can be sloppy.  If they fail to dot their I's or cross their T's --- that could be your saving grace.)

5. Get a Lawyer. Fast.At the first opportunity possible call an experienced Minnesota Criminal Defense Attorney and get some answers.  Many matters in a DWI case are time sensitive and contacting a lawyer early on can greatly increase your chances of a successful defense.

DWI defense is one of the cornerstones of my practice. Please do not confused what I have offered here as a "get out of jail free" card.  Rather, I'm relating to you some of my knowledge from having had not only defended many DWI cases - but also the hundreds that I prosecuted.  I take Drunk Driving very seriously and encourage everyone to make responsible decisions.  I'm not encouraging people to drive while intoxicated. In fact, what I'm trying to do here is encourage innocent people to be aware of their rights and use them to protect themselves against false conviction.

If You need help call the Rolloff Law Office today - (612) 234-1165.  Take the next right step.

How to Avoid a MN DWI (Explained)

Common sense is, unfortunately, commonly overlooked-particularly when it comes to Drunk Driving in Minnesota.  The easiest way to avoid a DWI is to not drink and drive. When you want to go out and drink, you can hail a cab, walk home, select a designated driver or wait until you are sober to drive home. If you neglect to follow these tips though, there are still some things an experienced Minnesota Criminal Defense Attorney wants you to do to protect your rights when stopped for a Drunk Driving.

Recommendations


Pull over in a safe spot. One of an officer’s first indicators of your sobriety is where you choose to pull over. If you immediately freak out and pull over in a dimly lit, high traffic area, you may already be giving the officer suspicions about your mental state.

Stay silent. Don’t say, “I was just on my way from a friend’s house in Wayzata.” Don’t say anything. It can all end up hurting you later on.

Be kind. There is never a good reason to be rude to a state trooper. They are only trying to keep the roads safe. Being impolite will only hurt your case later on.

Decline the field sobriety tests. This tests are optional. There is no benefit for you if you take it, and whether or not you submit to the test, you will be arrested at this point anyway.

Refuse the portable/roadside breath test. These tests are highly inaccurate and there is no legal obligation for you to take one. (Granted, you'll probably be arrested if you do not take the rest - but if you "fail" it --- you're going to be arrested anyway.) You will only be providing the officer evidence against you.

Take the chemical test - back at the station. In other states, you are better off facing the penalties for not taking these tests than you are facing a DWI charge. In Minnesota this is not the case. Always take the chemical test when asked to.

Request an attorney. As soon as you are arrested, begin asking for an attorney. The officers may not give you legal representation immediately, but it will show you are aware of your rights. Additionally, the sooner you hire a Minnesota DWI Defense Lawyer the sooner he can begin developing a strong case for your Administrative Driver's License Hearing to prevent the suspension of your license.

Call The Rolloff Law Office

If you have been charged with a Minnesota DWI, contact the Rolloff Law Office - I offer free initial consultations and case evaluations, so contact us today to schedule an appointment with a skilled Minnesota Criminal Defense Attorney lawyer in our offices.

My Son/Daughter is in Jail (Explained)

Whenever I receive a call from a parent with a son or daughter that is currently being held in jail, I tell them that the criminal case is divided into two halves: Getting your him/her out of jail, and everything else.

When a peace officer witnesses a criminal offense (Minnesota DWI, drug charges, etc.), they will usually arrest the accused immediately. Sometimes, that individual  will be taken to the police station for additional questioning or breath testing, before ending up in county jail.

At the jail the defendant is usually “booked,” which consists of fingerprinting and being placed in an orange jumpsuit. He or she may also have a bond set by the arresting officer. Sometimes, he or she is told that they will have to wait to see the judge in the morning.  Here is where an experienced Minnesota Criminal Defense Attorney can help.   

If some one is taken into custody on the weekend, a lawyer can hep secure his/her release by assisting with the bail/bond process. Especially as it concerns getting a judge to set a bail (over the weekend) so one not need wait until Monday to get in front of a judge --- causing them to miss school, work, etc. 

If someone is held until then, the judge will inform the him/her of the pending criminal charge(s) and the minimum and maximum penalties. If the only charges are simple misdemeanors, the judge can ask for a plea. If there are more serious charges, the judge cannot ask for a plea and will address conditions of release.

Conditions of Release - Will There Be Bail?

The judge will review the information he has available and decide whether the accused needs a bond. He will consider the  current charge(s), any criminal history and his/her ties to the community. Essentially, the judge is determining what amount of money (if any) is required to secure the someones future appearance in court and to protect the community from further criminal violations.

If the judge decides that a bond is necessary, then that bond amount must be posted in order for the individual to be released. That money is kept by the court until the case is resolved, then it will be returned or credited toward any financial obligations/consequences.

The Problem

Most of the time, an attorney is not called until after the Initial Appearance.  When I am hired for cases like this, I work to be either attempt to secure an early release and/or to be present at the hearing to earn a release with little to no consequences - depending on the charge(s) in question.  This affords me the chance to discuss the case with the prosecutor and judge, and provide greater detail about the circumstances of the individuals life (ties to school or work for example). It also helps when I can convince the judge that the his/her parents are involved because this further secures their presence at future court dates.

What Now?

If you are seeking representation for a criminal matter - for you or a family member - Call the Rolloff Law Office, today, at (612) 234-1165. 

Your MN DWI Arrest - What You Need to Know

When you are pulled over and arrested for a Drunkn Driving, a lot of things are racing through your mind: How did this happen? What should I do? Who should I talk to? However, while it is understandable that you may be overwhelmed and anxious, it is important to follow certain practices and make note of the events that surround your arrest.

Important Things That You Should Understand About a DWI Arrest


1. Your Minnesota DWI Attorney should obtain all reports and information surrounding your arrest.


While the details of your arrest may be blurry and confusing due to alcohol or the stress surrounding the event, it is important to make note of several things for your lawyer:

• What you were doing prior to your contact with law enforcement?  Be sure to tell your lawyer about anything earlier in the day that may have influenced your condition - sleep deprivation, illness, etc.
• Record what you had to drink - and how much. Be sure to take special note of the time that you drank each beverage because timing can sometimes be more important than quantity.
• Find out the reason stated for stopping you. Did you violate a traffic law; were you swerving or driving erratically?
• Record the statements that you made to the officer. Be sure to tell your lawyer whether or not you admitted to drinking and driving. Also, it’s important to note if you asked to speak to a lawyer at some point during your arrest.
• Recall whether the officer asked or ordered you to take a roadside test. Field sobriety tests are not mandatory in the State of Minnesota, however many officers will not volunteer this information to you.
• Did you take a blood, breath or urine test? If so, what were the results? 
• Were there any witnesses present for your arrest?

2. You must act immediately to protect your right to drive


As soon as you were arrested, the officer should have given you a notice (ie. paperwork) about the forthcoming revocation of your driver's license.  Read this carefully because it is important to understand that from the date the notice was served, you have a limited number of days to request a hearing to fight the revocation of your license. If you do not request a hearing within that time frame your license will be lost - and you'll have no way to fight that aspect of your case.

3. There are many ways your arresting officer’s testimony could be discredited

• Inconsistent statements: If the officer changes his story about the circumstances surrounding the arrest. This could also occur if his accounts of the field sobriety test do not line up with video footage.
• Inability to conduct the field sobriety test in the proper manner: Field sobriety tests have to be performed per the prescribed standardized manner by a skilled officer who is in a controlled environment. Even then, field sobriety tests can be an inaccurate indicator of intoxication levels.
• Failure to recollect: If your arresting officer cannot recall activities surrounding your arrest such as why he pulled you over or how you performed on your tests.

What Should You Do?

It is important to understand your rights when you have been arrested on Drunk Driving charges. Be sure to consult an experienced Minnesota DWI Lawyer if you have any further questions about Minnesota laws or DWI cases. Call the Rolloff Law Office today (612) 234-1165,

Minnesota DWI Costs (Explained)

The average cost for someone charged and convicted for a first-time Minnesota DWI has been estimated to be anywhere from $10,000 to $20,000.   Of those, legal fees for your Minnesota Criminal Defense Attorney and fines are but a mere, obvious part.  The following is a list of the obvious and the not so obvious costs frequently associated with a Drunk Driving conviction.

Obvious Minnesota DWI Costs

1.  Bail
2.  Vehicle Towing and Storage
3.  Court Filing Fees (License Revocation)
4.  Driver’s License Reinstatement Fee
5.  Chemical Dependency Assessments
6.  Electronic Home/Alcohol Monitoring
7.  DWI Education Classes
8.  Chemical Dependency Treatment
9.  Criminal Record (Permanent)

Not So Obvious Minnesota DWI Costs

1.  Laboratory Analysis of Alternative Blood, Breath or Urine Testing
2.  Expert Fees
3.  Increased Insurance Premiums (Automotive and Health)
4.  Alternative Transportation Costs
5.  Income Loss
6.  Employment Termination (especially for those with Professional or Pilot’s License)
7.  Damage to Your Credit Rating
8.  Exclusion from Foreign Countries, like Canada
9.  Possible Loss of the Right to Possess a Firearm
10.  Possible Loss of the Right to Vote
11.  Delay or Denial of Citizenship

How to Mitigate Your Costs

Unfortunately I can’t offer you a list of every single cost associated with a Drunk Driving conviction.  Each case is unique - as it concerns the potential monetary and emotional consequences you could face involving your employment and family.  Let the Rolloff Law Office help you better understand the path your on and we can work to alleviate some of those concerns.  Call today - (612) 234-1165 to schedule a FREE initial consultation to discuss your situation.

Minnesota DWI Court Process (Criminal Cases)

Minnesota Drunk Driving cases - once they end up in court - go down a couple of different roads.  If you are arrested for DWI, not only will you be subjected to the possibility of criminal consequences but in another proceeding (unrelated to the criminal charges) you'll also be faced with the dilemma of losing your driving privilege. 

Here, we'll cover the criminal case DWI process - in another post I'll describe the civil case process.  Of course, this is but a rough out line of what you could face - as each Minnesota DWI case is different.  If you've been arrested for Drunk Driving, your best bet is to speak with a Minnesota Criminal & DWI Attorney about your unique options.

Minnesota DWI Criminal Process
Throughout your case, you may be required to attend a number of court appearances. 

1. The Arraignment

This court appearance is the first court appearance scheduled when the crime being charged is a misdemeanor or lesser offense --- not a gross misdemeanor or felony.  Your presence at this appearance may or may not be required depending on the county and/or court in which you are being asked to appear. 

If you are charged with a misdemeanor DWI, you can often avoid appearing for this first court date by hiring an experienced Minnesota DWI Attorney.  If your appearance is necessary, this is simply an opportunity to either:  (a.) enter a plea of not guilty and schedule a pre-trial (explained below) or (b.) attempt to resolve your case either through dismissal of charges, plea negotiation or other available means. 

 2. Pre-Trial Hearing

This "2nd" appearance goes by a number of different names.  Generally speaking, your presence at this appearance is required. In short, this court appearance is simply to determine if the case can be resolved without the need for further court appearances. 

This appearance is an opportunity for your attorney to:  (a,) speak with the DA about the status of the case and possible resolutions; and/or (b.) arrange for the exchange of additional evidence; and/or (c.) schedule a Contested Probable Cause Hearing (explained below); and/or (d.) schedule the matter for Trial.  In any event, typically no evidence is presented at this hearing and no witnesses need be present.

 3. Contested Probably Cause Hearing

Again, your presence at this court hearing is often required.  At this hearing, your attorney will either:  (a.) request that the Court dismiss all or some of the criminal charges against you; and/or (b.) request that the Court not allow the prosecution to admit some or all of the evidence against you (which can sometimes lead to the dismissal of the charges referenced above). 

Normally, this court appearance will require the presence of any arresting officer or other persons who participated in gathering any evidence that would be offered by the opposing party against you.  On occasion, it may be necessary for your attorney to arrange to have witnesses (who can testify on your behalf) to participate at this court appearance.

4. Trial

Your presence at this court appearance is definitely required.  At this appearance, your case will either be resolved (discussed in general in the Arraignment section above) or continued to a trial.  You have a Constitutional right to have a trial before either (a.) a jury of your peers or (b.) a Judge In either event, you are presumed innocent unless and until the prosecution meets its burden in proving all the elements of the crime charged beyond a reasonable doubt.

5. Sentencing
Your presence at this court appearance is also required.  At this court appearance, the Judge will hand down your sentence (if you have plead guilty and/or have been convicted,) which may involve the stay of imposition of time in jail, fines and other conditions of which you must abide by during the term of your probation.  An experienced Minnesota DWI attorney may be able to negotiate an alternative to jail - such as treatment, Electronic Home Monitoring, release programs or community service.  If your case comes to this, we'll have an opportunity, prior to the sentencing, to discuss the possible outcomes.

Before any of what is set-forth above, if you have been arrested for a DWI, you owe it to yourself to speak to an attorney to learn what's in store for you.  Call the Rolloff Law Office today - at (612) 234-1165) - to speak to someone who knows what you'll need to know.  All initial consultations are FREE - so do it!

Minnesota DWI Court Process (Civil Cases)

In addition to the criminal court case that many of you would expect - if you found yourself facing a Minnesota DWI charge - there's also the psooibility that you'll also have to answer for civil penalties assiciated with the same arrest.

Generally speaking, and unless specifically required by the Court, your appearance at such court hearings is not always required.  However, depending on the specific facts of your case, your appearance at court appearances may be requested.  

Implied Consent Hearing
Sometimes referred to as an “IC” or “Driver’s License Trial”, this court appearance is like a Court Trial in which your Minnesota DWI Attorney and the Attorney for the State argue before the Court seeking, among other things, the lifting the revocation of your Minnesota driving privilege.  This hearing is conducted in the same manner as a Contested Probable Causey Hearing.  In short, it is your  burden to show that the revocation s not justified.  If you fail to meet that burden, the Court will sustain the revocation of your driver's license.  In other words, you will lose your driving privileges.

B-Card Hearing

This hearing takes place if you are alleged to have violated the conditions of your B-Card (a driver' license where use of alcohol has been restricted).   It is conducted in the same manner as the Implied Consent Hearing , except that we are seeking the reinstatement of B-Card driving privileges.

Forfeiture of Motor Vehicle and/or Property Hearing
This is conducted in the same manner as an Implied Consent or B-Card Hearing, except that you and your attorney are seeking the return of your vehicle or property.

As you can see, there are many possible court appearances that can take place during the course of any Drunk Driving case.  Hopefully this guide (and the one about the criminal process) has given you some basic understanding of what appearances you may expect as your case moves through the system.

An experienced Minnesota Criminal Defense Attorney will be able to explain or answer any question that you may have or that this guide does not fully answer.  If you need answers you can rely on - call the Rolloff Law Office today at (612) 234-1165.

Were You Read Your Rights?

If there's one question about arrests that I, as an experienced Minnesota Criminal Defense Attorney, answer more than any other it's about the reading of your rights.  Maybe it's because of all of the cop shows on TV, but individuals really know that the police have to read you your rights - but what is often lost in all of the info-tainment is the why, the when and the how of the Miranda warning.  Hopefully this post clears up some confusion.

What's Required?

"In Custody" Requirement This definition is important, and often raises issues which must be sorted out by the court in an evidentiary hearing. You must be in custody for this law to apply to you.

What does it mean to be in custody? In Minnesota it generally means that you are not free to leave, and this restraint must not just be temporary. However,k courts will allow people to be held for officer's safety without implicating the Miranda warning.

Now, while I would never agree that there is a proper distinction under the Miranda case law, many judges do. So, as aggressive Minnesota Criminal Defense Attorney working for your freedom, I'll work to draw the court's attention to case law which supports your facts and argue application of Miranda.

"Interrogation" Requirement Interrogation or questioning is the second component of the Miranda rule. "Interrogation" usually means the police are asking you something more than your name and you are responding to those questions. If you volunteer information to the police and just start talking to them, it is completely admissible against you - even if you are in custody. So, don't volunteer information to the police. We always advise our clients to never give any statements to police, but those you volunteer are the most dangerous.

Remedy for a Violation of the Miranda Rule

People call tell me all the time that the police did not read them their rights, so they want the case dismissed. Sorry to say - it just doesn't work like that.  The best case scenario for a violation of the Miranda rule is that what you said will not be admissible at your trial. Now, this can be a huge development in your case. However, many times it is not that important because police have the same evidence you gave them from other sources.

What Should You Do?

My best advice is to not make any statements to the police. They are not your friends and there is only one reason they want to talk to you: to gain evidence to use against you. They often do not care about what actually occurred and are only trying to gain information to use against you. Don't be fooled into thinking they are your knight in shining armor and will save you. They are your opponent. Your criminal defense lawyer is your only friend.

So, if you are contacted by police or arrested, be smart, exercise your right to remain silent, and call us the Rolloff Law Office at once, at (612) 234-1165. Together, we can protect your future.

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

Minnesota Self-Defense (Explained)

In my humble opinion, too many Minnesota Criminal Defense Attorneys fail to consider the best "weapon" in their arsenal when defending clients against Assault cases --- The Self-Defense defense. All too often they forget that their are these affirmative defenses which can greatly increase the burden of proof imposed upon the government and their case.


The laws of the State of Minnesota provide, generally that you can use physical force upon another person in order to defend yourself or another from the use or imminent use of unlawful physical force by another. 

What this often means is - that you don't have to wait until you are hit by another before you protect yourself. If someone is in your face and about to hit you, you can push them away or hit them. Granted, it is always best to start with the least aggressive use of force first and see if that works. (Know this, you can almost never use deadly force as Self- Defense against another unless lesser force doesn't make sense and you or another are in imminent danger of being killed or seriously injured.)

Where My Experience Comes In

As a former prosecutor, I've seen Self-Defense used as a defense and I frequently see Self Defense - successfully in cases where my clients are charged with Assault.  As your attorney, I put forth this defense to protect you at trial, and make a case that the use or threat of use of force upon the "victim" was reasonable and excusable under the law. 

It is critical that my clients not give statements to police about the case, or the police will ask questions which defeat the expected use of this defense. Police are not looking to help the accused defend themselves and will only try to get evidence to help the DA win the case at trial.

If you have been contacted by police regarding an Assault charge - be smart, exercise your right to remain silent, and the Rolloff Law Office today at 303-731-0719.  Together, we can protect your future.

Minnesota Expungements (Explained)

In difficult economic times, having a clean criminal record is more important than ever. Someones criminal history may affect their efforts to find employment, rent an apartment, obtain a bank loan, obtain certain licenses, and/or receive government benefits.

Due to changes in technology, information about an individual's criminal history is easily available. These records are no longer necessarily private - stored in some basement filing cabinet.  Rather, they can often be accessed with just a few clicks of one's mouse over the Internet.

What is Expungement?

Expungement is a legal process that permits qualified individuals to have their criminal records sealed or destroyed.  If you have questions about this process - and what you can do to earn an Expungement - your first, best step should be to call an experienced Minnesota Criminal Defense and Expungement Attorney. 

Statutory Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain, limited circumstances. Essentially there are two types of Minnesota Criminal Expungements: Statutory and Inherent Authority.

Statutory Expungement  

Statutory Expungement is available in very limited circumstances, specifically: (1) When someone has had certain controlled substance offenses dismissed and discharged; (2) for certain juveniles prosecuted as adults; and (3) for certain criminal proceedings not resulting in conviction.  Often, these conditions do not "fit" most individuals circumstances; therefore, there is also the Inherent Authority option.


If you qualify for a Statutory Expungement and want to proceed with the process, you must formally petition the court. If your petition is successful, the court will issue an order sealing the records and prohibiting their disclosure to the public - except in certain limited circumstances. The Expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Expungement

As things currently stand, an "inherent authority of the court" Expungement is probably the least attractive option, but (as set forth above) it is often the only remedy available to most people who pled guilty or were convicted of a criminal offense.

The factors that the court uses to decide this type of Expungement includes, but is not limited to, the severity of the crime, how long ago it occurred, whether you have had any other problems with the law, if you have been rehabilitated, and the reasons for seeking the Expungement. Ultimately the court must weight the individuals need for the relief that an Expungement affords versus society's need to maintain accurate records of criminal convictions.

What Can You Do?

The best way to ensure that you are eligible for an Eexpungement is before you plead guilty to a crime. The cornerstone of my practice is the work I do to resolve cases so that my clients are eligible to clear your record in the future.

If you have been charged with a crime and want to obtain a result that will allow for the possibility of future Expungement, or have a previously resolved case and are interested in an Expungement, you need an experienced legal advocate to fight for your rights. To learn more, contact the Rolloff Law Office, today, at (612) 234-1165.

Minnesota Assault Charges (Explained)

Assault is a very serious charge that can result in substantial jail time and fines depending on the circumstances.In many cases, an Assault charge is the result of a fight where the alleged victim is either the one who called the police, or got the worst of it, regardless of who actually started it.
But when you are facing a serious criminal charge, you need an experienced Minnesota Criminal Defense Attorney to argue on your behalf, and work to get the charged reduced or dismissed.
And you need to act quickly, before you lose your chance to file motions in court on your behalf.

What is Assault?

Under Minnesota criminal law, the crime of Assault is charged at different levels based on the intent of the attack, the level of harm caused, who the victim was, and whether or not a weapon was used.  One's criminal history also comes into play when considering the level of crime - from Misdemeanor to Felony - that is charged.

Due to the fact that such designations are so fact specific, it is important to speak with an attorney about your case to ensure that you're not being overcharged.

How to Beat a Minnesota Assault Charge

There are many different ways to successfully win a criminal assault case in court. To get the charges reduced, I will often contest the intent of the accused, or challenge the degree of the injury.  To get a case dismissed, I will argue that the fight was mutual, or that the other person started it and it was self defense. These cases can be complicated, and how I would actually proceed really depends on the facts of your case.

Your Next Step

As a former DA, I've been on both sides of these cases.  I know how hard they are to prove and what needs to be done to defend my client to ensure that their rights and freedoms are upheld.  Before you decide to go it alone, call The Rolloff Law Office and set up a FREE consultation, and after reviewing the facts I'll tell you exactly what I can do to help you.  Call today: (612) 234-1165.

Do You REALLY Need an Attorney? (Explained)

Ask yourself this --- what do you do if you have been arrested for a crime? If you are like most people, you will probably panic.

At a minimum, what you should do, is contact a Minnesota Criminal Defense Lawyer as soon as possible. Regardless of the circumstances surrounding your case, regardless of whether the whole situation is a big misunderstanding, regardless of if you have never been arrested before, the next best move you need to make (to avoid any more problems) is to speak to someone who knows what's really going on.

Or - just think of it this way - keep your head up, keep your mouth shut and call a lawyer ASAP.

What Are You Up Against?

In my career I've been party to every type of case - from almost every angle.  I started out as a clerk to a judge, then I moved into the county attorney's office - and now (talking all I've learned) I represent defendant's in criminal court.

What this means for you is that you are getting an experienced, committed and aggressive trial lawyer that is not afraid to go above and beyond the boundaries to get you the best outcome possible. I represent clients facing all criminal offenses including:

• Criminal sexual conduct, prostitution and other sex crimes;
• Manslaughter, murder, assault and other violent crimes;
• DWI and other traffic violations;
• Probation hearings and orders for protection;
• Drug crimes including trafficking and possession;
• Repeat offenders and juvenile offenders;
• Obstruction of justice; and
• Fraud, false information, forgery and theft crimes. 

All of these criminal accusations come with serious consequences if you're found guilty. In some instances you could be faced with a lifetime in prison and a fine as hefty as $1,000,000. In other cases you may only lose your license and receive a black mark on your record. However, in the best case scenario, you will be able to walk away with a clean record and a clear name. This is what we strive for when you work with the Rolloff Law Office.

 

 

Why and How a Lawyer Helps

One of the biggest things that will impact your case is the evidence gathered by the government.  Fingerprints, DNA, lab results, blood tests and urine samples can all be used against you. However, the thing about this kind of evidence is that there are often a lot of complications. Lab results are not just black and white – there are many gray areas in there that can be used to your advantage. While a proven DNA match may seem like an open and shut case, there could be problems with the retrieval of the sample, with the actual match and with the testing procedure. This is only one of the many examples of how, with in depth research and experience, all cases can be argued.

Hmm... 

Minnesota Criminal Defense Attorneys are a dime a dozen. So how do you know which is the right for your case? Call around, meet with a couple - and then trust your GUT go with the guy who you can trust to earn you the results that you want. Call the Rolloff Law Office today at (612) 234-1165 for a free consultation anytime, anywhere.