Showing posts with label criminal defense lawyer. Show all posts
Showing posts with label criminal defense lawyer. Show all posts

Saturday, April 26, 2014

Ramsey County Prostitution Arrests


Sex offenses, including prostitution, can lead to serious criminal consequences --- this is why it is important to consult with an experienced Minnesota Criminal Defense Attorney

Due to the increased number of police stings, more and more people are being charged with prostitution offenses.  At the Rolloff Law Office we have seen two basic kinds of "stings." 

1.

The first is when an undercover police office puts an ad on an online sight such as www.backpage.com or www. minneapolis.craigslist.com advertising "services."  When a customer (often a man) calls the number, the office will give basic information and there is usually an agreement on price. Then ... come more calls --- during the second phone call, the cop will give instructions on where to go (usually a hotel). When the customer arrives there, the officer will call again and tell him which room to go to. When the man enters the room, the cop will start with small talk, then turn the conversation to sexual acts and outfits. When the man puts the money somewhere in the open, the cop says some keyword, goes into the bathroom, and a group of cops enter the room and arrest the man.

2.

The second is when undercover cops stand on a street and approach cars and offer their services. When some agreement is reached, the cop will tell the driver to go down the street, give the sign, and cops come and arrest the driver.



If you are charged with prostitution, you will likely be facing a Gross Misdemeanor --- a crime in the State of Minnesota that is punishable by up to a year in jail and a $3000 fine.  

If you have been charged with prostitution, call The Rolloff Law Office at (612) 234-1165 to discuss your case and your options.  It's FREE!

Tuesday, April 9, 2013

Lose Your Minnesota Driver's License?


Driving in Minnesota is a privilege. You can lose your driving privileges if you break certain laws or fail to meet certain requirements. The Minnesota Department of Public Safety (or “DPS”) maintains your driving record, which contains information about driving and licensing violations in Minnesota and other states. Serious or recurring violations may result in loss of your driving privilege or restrictions on where, when and what types of vehicle you may drive.  As a Minnesota Criminal Defense Attorney I get a lot of questions about this issue --- here is an overview. 

License Withdrawal

Your license may be withdrawn by suspension, revocation or cancellation. If you commit an offense and your license is withdrawn, DPS will send you a notice of withdrawal in the mail (to the address on your license - whether you've moved or not) and a list of requirements for reinstatement. Some of the conditions that could cause you to lose your driving privileges are listed below.

Suspension

Your driver’s license may be suspended if you:

  • Repeatedly violate traffic laws
  • Are convicted for a violation causing a traffic accident resulting in death, injury or property damage
  • Use, or allow someone else to use, your license for an illegal action
  • Commit a traffic offense in another state that would be grounds for suspension in Minnesota
  • Are judged in court to be legally unfit to drive a motor vehicle
  • Fail to report a medical condition that would result in cancellation of driving privileges
  • Fail to stop for a school bus with stop arm extended and red lights flashing (second offense in 5 years)
  • Are found to possess a fake or altered license
  • Make a fraudulent application for a license or ID card
  • Take any part of the driver’s license exam for someone else, or allow someone else to take it for you falsely identify yourself to a police officer
  • Fail to appear in court or pay a fine on a motor vehicle-related violation when required to do so
  • Are convicted of a misdemeanor for a violation of Minnesota traffic law
  • Fail to pay court-ordered child support
  • Use, or allow someone else to use, a license, permit, or ID card to buy tobacco products for someone who is under 18 years of age, or alcohol for someone who is under 21 years of age
  • Are convicted of underage drinking and driving
  • Pay a fee to the state or driver’s license agent with a dishonored check
  • Are convicted for theft of gasoline

After the period of suspension has ended, your driving privilege may be reinstated if all requirements are met. One requirement is payment of the reinstatement fee. If your license expired during the suspension period, or your name or address changed, you must apply for a new license and pay the appropriate fee.

Revocation

Your driver’s license may be revoked if you:

  • Refuse to take a breath test to measure intoxication
  • Fail a breath test that measures intoxication
  • Are convicted of manslaughter or any criminal actions while driving a motor vehicle
  • Are convicted of driving a motor vehicle while under the influence of alcohol or drugs
  • Are convicted of a felony in which you used a motor vehicle
  • Are convicted of driving in excess of 100 mph
  • Are convicted of fleeing a police officer
  • Are convicted of failing to stop, identify yourself or render aid when involved in an accident
  • Are convicted of lying under oath to DPS or its agents
  • Are convicted of signing any legal documents containing false information about legal vehicle ownership
  • Are convicted of making a false statement to DPS
  • Plead guilty or forfeit bail for three violations in a single year of any Minnesota traffic law requiring jail
  • Are convicted of an offense in another state that would be grounds for revoking your license in Minnesota
  • Are convicted of a misdemeanor for driving a motor vehicle with prior knowledge that the owner of the vehicle did not have no-fault vehicle insurance
  • Own a vehicle without no-fault insurance and are found to have driven it or allowed others to drive it, with full knowledge that the vehicle was not insured
  • Are convicted of a gross misdemeanor for failing to stop for a school bus with its stop arm extended and its red lights flashing
  • Are convicted of selling or possessing a controlled substance while operating a motor vehicle

After the period of revocation has ended, your driving privileges may be reinstated if all requirements for reinstatement are met. Requirements include: payment of the reinstatement fee and passing the appropriate exams. You must show proper identification when you take the knowledge test or road test. You must apply for a new license after all your testing requirements are met.

Cancellation

Your license may be cancelled if you do not have a legal right to a driver’s license that was issued to you. Your license may be cancelled if you:

  • Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely
  • Do not pass a test that is legally requested by DPS to determine your ability to drive safely
  • Give false or misleading information on your license application (your license will be cancelled for 60 days or until the correct information is provided – whichever is longer)
  • Commit a crime for which cancellation of your license is a legal punishment
  • Do not qualify for a driver’s license under Minnesota law

Need to Know More?

If you wish to learn more about the loss of your license (or how you can get a limited license,) review the Minnesota Driver’s Manual online. If you have a legal issue surrounding your driver’s license, contact us the Rolloff Law Office at (612) 234-1165 for a free and confidential case evaluation.

Saturday, March 23, 2013

First Court Appearances (Explained)


As a Minnesota Criminal Defense Attorney, one of the first questions I get is: What will happen in court - at the first appearance?  Although it varies depending on the charge and the county, three things typically happen at your first court appearance:

  1. Bail or conditions of release will be set
  2. You will be formally charged
  3. Arrangements are made for the next hearing

1. Bail and Conditions of Release

Many people are scared that they’ll be taken away in handcuffs and held in custody throughout their criminal matter --- this is rarely the case.  At the first appearance, a judge will consider what conditions are appropriate for release.  Generally, if the crime is not a felony - or does not implicate public safety - and if the offender does not have a criminal record, no bail will be required.  However, the court will consider the possible danger to the community and your potential as a flight risk when setting bail.  So, if you have a history of missing court dates, or if the crime you're alleged to have committed involves violence, a higher bail will likely be set.  In addition, the judge can impose conditions of release, such as being tested for drugs and alcohol or to stay from a particular place or person. 

2. The Formal Charge

At the first court appearance, you’ll also (formally) be told the specific charge(s) you face.  If the charges are minor, you may only receive a citation with little information about the charge.  However, more serious crimes require a complaint.  A complaint has a statement of probable cause, which is the State’s allegations supporting the charges.  If you want, a judge can also read the charges to you, but in the interest of not creating more publicity and saving time, almost everyone waives the reading.

3. Future Arrangements

Finally, the court will want to know what will be done about the case.  For more minor crimes, you or your attorney can talk with the prosecutor and see if you can resolve the case.  If the case cannot be resolved, the court will set further dates and either check your eligibility for the public defender or ask if you want to get a private attorney.






You don't have to go through this alone.  If you or someone you love needs help with a first appearance, call the Rolloff Law Office.  not only can we answer your questions - we also offer FREE CONSULTATIONS.  Call today: (612) 234-1165


Sunday, January 20, 2013

Minnesota Theft Crimes (Defined)


The State of Minnesota defines theft as the act of an individual --- intentionally taking another person's property for their own benefit. The common theme in Theft cases is that the offender knowingly commits the act and uses dishonesty and deceit in order to acquire, use or keep the possessions of another person. Enlist the services of an aggressive Minnesota Criminal Defense Attorney if you have been charged with Theft so that a defense case geared to protect your rights and freedom can be initiated.  Because, not only could the accused be in trouble in court --- if you fail to properly address a Theft charge out of the shut ... it could harm you in the long-term, inducing when it comes to trying to get a job.  

Types of Theft

There are a variety of offenses of Theft crimes such as shoplifting, credit card and check fraud,burglary, robbery, identify theft, looting and others. Minnesota theft laws leave little room for light sentences in the event of a conviction, and those found guilty are often faced with penalties based on the value of the possessions. 

Theft crimes of less than $250, for example, warrant a misdemeanor charge. A gross misdemeanor is applied to theft crimes of $250 to $500, and any crimes involving items valued at over $500 are categorized as a felony. Penalties may vary according to the charge, but all convicted offenders will face jail or prison time in addition to serious fines, with the severity of penalty increasing with the severity of the crime.


Trusted Theft Crime Representation in Minnesota


The Rolloff Law Office is a dedicated criminal defense law firm that focuses on providing high-quality legal representation to clients who have been charged with a theft in the State of Minnesota.  I pride myself on the ability (honed while working as a former prosecutor) the ability to build compelling cases intended to establish reasonable doubt through diligent research, effective court representation and a tireless drive to explore every possible option in order to pursue the most favorable result. Call today to set up a FREE consultation: (612) 234-1165. 

Tuesday, November 20, 2012

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.

Saturday, October 27, 2012

Minnesota Fleeing (Explained)



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

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

Here's the Scoop

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


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

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

What Does This Mean For You?

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


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

Tuesday, September 18, 2012

Minnesota Shoplifting Charges (Explained)


Shoplifting --- although a minor offense ---- can have major consequences (if not in court) then as it regards your future.  That's right - it could hurt your job (or ability to find work,) and could also keep you from getting certain benefits.  Your best bet - talk to an experienced Minnesota Criminal Defense Attorney - before you take any actions.

Can I travel outside the United States If I have been  convicted of a shoplifting case?
The answer in many cases is no. Many countries such as Canada, Mexico, and some European and Asian countries will not allow you to enter without special waivers and visas which can be difficult or impossible to obtain.  Since 9-11 many countries have upgraded security protocols for entry and many now search for criminal records at your point of entry.


Can I be fired from my job due to a shoplifting conviction? 
The answer is yes.  Unless you have an employment  or union contract that states otherwise your employer can generally terminate you upon learning of your conviction.  Most employment and union contracts however state that a criminal conviction is grounds for dismissal.

Can an employer discriminate against hiring me if I  am convicted of a shoplifting charge?  Yes, an employer  can discriminate and not hire you if you are convicted of a shoplifting charge.  Furthermore even an arrest for Shoplifting in Minnesota will be noted on your criminal record.

If my record is expunged, can my conviction for shoplifting still be used against me?
The answer to this  is yes in many cases, however, the grounds are too long to list here.  If you have specific questions - please call the Rolloff Law Office to set up a FREE CONSULTATION at (612) 234-1165.

What if I told the police or admitted to the store that "I did it" can I still have a lawyer represent me and  win my case:  The answer is yes we can still help you and maybe "win" your case but you must take the first step and call so I can review the facts of your case in the privacy of our office.  You do have rights just remember your Miranda warnings, but they are limited.

Can one of your shoplifting lawyers help me if I have  court tomorrow?
The answer is yes.  Although it is not  advisable to wait until the last minute to hire an attorney for a shoplifting case, we can still help you.  Obviously, the more time our lawyers have to work on your case, the better the results.  Its never to late to try.  We understand that many courts will may only give you a day or even a week to hire a lawyer before mandating your appearance in court and thus in most cases we can give you a same day appointment --- and it's FREE!

How much will it cost for representation?
The answer is: it depends! It could be a few hundred, it could be much more; it will depend on the lawyer you choose, the amount of time your case needs and the results that you want, whether you were arrested or simply notified of a pending charge and lastly, whether your case will be set for trial in superior or municipal court.  We do offer set fees, hourly fees and financing is available in some cases. The question is how much will it cost you if you do not hire the right attorney and get convicted, when you cannot find a job, your education is wasted and your family can not meet its financial needs?


Don't go it alone --- this is some serious sh*t.  Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165

Tuesday, September 11, 2012

Why Hire a DWI Lawyer? (Explained)




If you have been charged with a Drunk Driving --- you should seriously consider hiring an experienced Minnesota Criminal Defense Attorney --- or at the very least talking to one about your rights.  My reason for suggesting this is not just because I am an attorney.  Here are some ways an attorney can help with your case --- and your future!

Pleading guilty can actually cost a lot more than hiring a Minnesota DWI Lawyer.

Believe it or not, there are many long term consequences to pleading guilty to a Drunk Driving --- that aren't immediately made know to you by the prosecutor or the judge --- including potentially having to tell to every potential employer for the rest of your life that you were convicted of a serious crime, having to pay increased insurance premiums and being excluded from international travel.

Honestly, do you really know what all of the consequences are that you may face in your future? If you don’t, you should consult with an experienced Minnesota DWI Lawyer so that you can make an informed decision regarding your case.

Hiring an experienced Minnesota Drunk Driving Lawyer is an investment in your future.

The prosecutor does this for a living – prosecutes criminal cases. You can rest assured they know the issues in a DWI case, that they have read the case against you, and that they are prepared to argue aggressively for a conviction. That’s their job. Shouldn’t you have someone just as prepared – if not more so – ready to argue aggressively on your behalf, too?

When you weigh the cost of pleading guilty and all the future costs that come with it, against the cost of hiring a Minnesota DWI Lawyer, you will find that hiring an  attorney is an investment in your future.

Not all Minnesota DWI Lawyers cost the same.

Each attorney charges what he or she has determined is an appropriate fee for the level of his or her services. Don’t hesitate to ask a lawyer what it will cost to represent you. But --- don't just go with cost when making your decision not all Minnesota DWI lawyers are the same. Your lawyer is the one person in the court room who is on your side, unconditionally. You need to feel comfortable with your lawyer – your relationship with your lawyer can make or break your case: Your lawyer will rely on the information you share with him or her in defending you. If you and your lawyer don’t have a good working relationship, you won’t trust your lawyer with this critical information. The key to a successful attorney-client relationship is the same thing that makes all relationships succeed or fail.



Before opening my own office, I started out prosecuting Minnesota DWI case --- hundreds of Drunk Driving cases.  Let me put that experience to work for you.  Learn for yourself --- Call to Rolloff Law Office at (612) 234-1165 to schedule an office visit and come in and see us in person,

Sunday, August 12, 2012

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

Friday, August 3, 2012

Avoid a Minnesota Speeding Ticket



All too often, I get calls "after the fact" - that is after someone gets a ticket.  For those of you hoping to avoid making a call to an experienced Minnesota Criminal Defense Attorney, here are some helpful suggestions about how to avoid getting a speeding citation.


1. Never Admit That You Were Speeding
If you do get pulled over, if I can offer you one suggestion --- Never admit that you were speeding. You don't want to give the cops any ammunition to use against you if you want to challenge your ticket in the future.  So, when the officer tells you that you are speeding, giving a brief, noncommittal response like, "I see" or "I was not aware of my speed" is the best course of action.  (Not the best way to go: sarcastically asking - "What's the problem, Officer?" won't help you.)


2. Know That Your Vehicle Says Something About You


Most officers decide whether you're getting a ticket or a warning before they even approach your vehicle. A good rule of thumb is to keep your car maintained in such a way that you wouldn't be embarrassed to drive it to a job interview. Keep it clean, decluttered, and free of bumper stickers that are anti-police or pro-violence. Also, don't have any aftermarket add-ons like spoilers, tinted windows, and neon undercarriage lights. You want to say "I'm responsible and law-abiding," not "I hate the police, I speed all the time, and I'm trying to hide something from you."

3. Plead Not Guilty, and Continue out Your Court Date as Many Times As You Can


The more time you put between your speeding encounter and your court date, the better.  This about it, just how many people does an officer pulls over in a month. How many of them do you think they'll remember two or even six months from now, especially if you take your ticket quietly and move on? The more continuances you can reasonably request, the more time you have to collect your evidence and prepare your defense — and the less specific that officer's recollection of you will be. Getting a continuance also increases the probability that the ticketing officer retires, transfers to another department, or just doesn't show up for your court date. In almost all of these extenuating situations, the case against you will be dropped.


If you think you need help with a traffic ticket - you probably do need help.  Call the Rolloff Law Office today at (612) 234-1165 to get FREE Answers.

Wednesday, July 25, 2012

Minnesota DWI License Restrictions (Explained)



It seems like every year, the State of Minnesota imposes harsher penalties upon those arrested for a Drunk Driving. This year is no exception, as effective July 1st, the legislature dramatically increased the license revocation penalties for Minnesota DWI offenses.  These penalties are imposed upon arrest.  If you need some assistance with a Drunk Driving arrest, your first best call is to an experienced Minnesota Criminal Defense Attorney.

How Bad is it?


When am I eligible for a limited license?

1st offense - (.08) BAC but less than (.16)

If this is your first offense and you are under (.16) BAC you may obtain a limited license fifteen days after the 7-day temporary license has expired (i.e. 22 days after the date of your arrest).

You will receive your full license after 90 days.  If you are under 21 years of age the license revocation is for a minimum of 180 days.

1st Offense - (.16) BAC or more

The license revocation penalty is for one year and you are not eligible for a limited license.

2nd Offense within ten years, or third offense on record of (.08) BAC but less than (.16)

The license revocation penalty is for one year and you are not eligible for a limited license.

2nd Offense within ten years of (.16) BAC

The license revocation penalty is for a minimum of two years.

3rd Offense within ten years

The license revocation penalty is for a minimum of three years.

4th Offense within ten years

The license revocation penalty is for a minimum of four years.

5th Offense or More Offense

The license revocation period is for a minimum of six years.

"Refusal to submit to testing" also carries the following penalties:

1st Offense Refusal:  The license revocation period is a minimum of one year.

2nd Offense Refusal:  The license revocation period is a minimum of two years.

3rd Offense Refusal:  The license revocation period is for a minimum of three years.

4th Offense Refusal:  The license revocation period is for a minimum of four years.

5th or More Offense:  The license revocation period is for a minimum of six years.



What Now?


The attorneys at the Rolloff Law Office experienced in challenging these license revocation procedures.  I provide a thorough and systematic analysis of every case and will exploit any weakness to defend the people I represent. I am available to discuss your case, seven days a week. Call me today and we'll take an immediate look at your case - (612) 234-1165.

Tuesday, July 17, 2012

Minnesota Shoplifting (Explained)



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

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

What Can a Lawyer Do?

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

What Are the Consequences?


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

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

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

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

Many Shoplifting offense fall under this provision of the law:

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


What Constitutes Theft?

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

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



What Should You Do?

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

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

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

Monday, June 25, 2012

Minnesota Traffic Tickets (Explained)



As a Minnesota Criminal Defense Attorney, I get a lot of calls related to a traffic violation of one type of another.  Some of those calls are regarding more serious charges like Drunk Drivings and Careless or Reckless driving, but the vast majority reference smaller infractions, such as Speeding tickets and Stop Sign violations.  One of the questions people ask first is whether or not they really need a lawyer to help them deal with a traffic violation.  I'll try to give some straight forward and honest answers to this question and hopefully help people better understand what a Minnesota traffic attorney can do for them when faced with this type of issue.

Can a Lawyer Really Help

If you have been charged with a traffic violation that doubles as a misdemeanor charge (such as DWI, careless/reckless driving, hit-and-run, etc...), you definitely should look to hire a Minnesota Traffic Attorney.  Misdemeanor charges can carry with them a penalty of up to $1000 and 90 days in jail.  These types of offenses can also result in license suspensions or revocations, as well.  When you're dealing with penalties this severe, there is no "savings" to be realized by avoiding hiring an attorney.  Call a Minnesota Criminal Defense Attorney and get some answers before you move forward in your case.  It'll be well worth your investment.

As for more minor "petty misdemeanor" tickets, whether or not you really need an attorney depends greatly on your circumstances.  There are only a couple of situations that I encounter where I recommend people hire an attorney to handle their petty misdemeanor traffic cases.  One situation is when the accused has multiple traffic violations on their record, and adding another would hinder their ability to hold car insurance.  The other is when someone uses their license to earn a living.  Let's look at both of those situations separately.

If you've been saddled with a bunch of tickets in the past 5 years, chances are you've seen an increase in your insurance premiums.  If you continue to pile up tickets, it's possible for your insurance company to deny you further coverage, meaning that you could be out in the cold and be unable to operate your vehicle.  If you are at the breaking point with your insurance (or simply can't afford any more premium increases), having a Minnesota traffic attorney work with you on your case could help you get the ticket lowered to a reduced charge, at the very least.  If you have reason to believe that you were wrongly issued a citation, an attorney can help you fight said ticket in the courts and get you the best deal possible.  By reducing your ticket (or getting it dismissed altogether), a Minnesota Traffic Attorney can help you keep your insurance premiums consistent, saving you thousands of dollars in the process.

What Can Be Gained?

If you are someone who uses their license to earn a living, having a Minnesota traffic attorney could help your cause quite a bit, as well.  Truck drivers, taxi drivers, mail carriers, delivery drivers, and heavy equipment operators all have a vested stake in keeping their license clean.  Tickets can cost you your job, safety bonuses, or the opportunity to find a higher paying position in the future.  A Minnesota traffic attorney can analyze your case to determine whether there are any aspects of your situation that can be challenged.  If no such elements exist, a dedicated attorney can still help you negotiate a deal with prosecution that can lessen the charge you are convicted of and help keep your license pristine.  If you're family depends on you keeping a clean license to survive financially, take the time to speak with an attorney to see what options you have.


What's Next?

If you find yourself the recipient of a basic speeding ticket/stop sign ticket/red light ticket, you've got a couple different options.

First, you can choose to pay the ticket online/over the phone/in the mail.  You'll be pleading guilty to the charge on the ticket, but you'll eliminate the chances of having to pay any late fees or penalties for neglecting to pay the ticket.  For all intents and purposes, that ticket will be on your record for five years.  If you receive no further tickets during that period, it's unlikely that your insurance will be effected (assuming you weren't going 40 over the limit).  For most people, this option is easiest, as it doesn't require you to take a morning off work and go down to the courthouse.

Your second option is to appear for your court date and attempt to challenge the ticket.  Often, the citation you receive will have a court date printed on the ticket.  If it doesn't, there will be a phone number for you to call to get one.  The benefit to taking this path to dealing with your ticket is that prosecutors tend to be willing to negotiate with people who show up.

If you choose option #2 --- a lawyer can help.  Often, he/she knows what to say and how to say it --- this could save you a trip to court and earn you the outcome you're seeking.  If you need to know more about how to fight you Minnesota Traffic Ticket - call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165.  (Honestly, the money you spend on an attorney could actually save moeny on costly insurance premiums in the future.)

Tuesday, June 12, 2012

Hiring a Minnesota Defense Lawyer (Explained)

If you've been arrested or charged with a crime, you need the immediate assistance of an experienced Minnesota Criminal Defense Lawyer. A good criminal defense lawyer can explain your rights in all stages of the criminal process and help make the difference between a reduced plea bargain or dismissal and a jail sentence.
What You Really Need to Know

Being charged with a crime -- whether major or minor -- is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case.

If you're facing criminal prosecution, a criminal defense attorney can help you understand (1) the nature of the charges filed; (2) any available defenses; (3) what plea bargains are likely to be offered; and (4) what is expected after trial or conviction.

What to Look for in a Criminal Defense Lawyer

Criminal defense attorneys handle a variety of criminal cases, including felonies, misdemeanors, drug charges, white collar crimes, and many other state and federal crimes. When looking for a criminal defense lawyer, you'll want to find the best one for your case. As such, you should concentrate on the lawyer's expertise, skill level, and knowledge.

A good criminal defense lawyer may help (1) reduce your criminal charge to a lesser offense (for example, reduce a felony to a misdemeanor); (2) lessen the severity of the punishment for the crime; and (3) reduce or eliminate jail time (via probation, for example); and (4) help you develop a sound defense strategy.

Also, because of the nature of what's at stake, it's important that the attorney you hire has the necessary skill level needed to defend the case, and is the one who actually conducts most of the work. For instance, you may need someone familiar with crime scene investigations, witness/victim/police interviewing, and/or extensive knowledge of polygraphs, sketches, photographs, and video.

Finally, because criminal laws and penalties vary by state, it's important that the attorney have experience with the state and local rules of court.

How to Find a Criminal Defense Lawyer

There are numerous ways to find a criminal defense lawyer. Referrals from friends and family or online research may be a good start. However, in many instances, a person facing criminal charges may not wish to publicize the news of his or her arrest to extended family members and friends or may not have unlimited time to research online. As such, you may wish to find a local criminal defense lawyer using one of several quality-assured lawyer directories, such as FindLaw, devoted to connecting you to an experienced criminal defense lawyer in your area.


Questions to Ask a Criminal Defense Lawyer

Before selecting a criminal defense lawyer, you should feel comfortable enough speaking with him or her concerning all aspects of your criminal charge. Below are some of the questions you should ask:

  • Do you have any experience handling cases similar to mine?
  • How much of my criminal case will you actually handle?
  • How many jury trials have you litigated?
  • How often do you work out plea agreements or ask for a lesser charge?
  • What are your attorney's fees, and how are they calculated? Do you offer a payment plan?
  • Would you be willing to provide references from clients you've helped?
Criminal Defense Lawyer Fees

The cost of hiring a criminal defense lawyer will vary depending on a number of factors, including the attorney's experience, reputation, track record, and geographical location. Most criminal defense attorneys bill their time either hourly, or by a flat fee arrangement. Depending on the fee arrangement, some attorneys may allow you to get on a payment plan to handle ongoing charges. Others may require an upfront retainer fee before working on the case. In all cases, it is wise to consult with a variety of criminal defense lawyers in your area to find one you feel comfortable with in representing you and get a sense of the cost involved in representing your case.



Try This?

You have questions - right?  Call and get FREE answers now - (612) 619-0262.  The Rolloff Law Office - if we can't help you - will set you off in the right direction.  Don't believe it - call and find out.

Thursday, June 7, 2012

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.

Monday, May 21, 2012

What to Expect From Your MN DWI Attorney (Explained)


If you find yourself at the mercy of the criminal justice system, charged with Drunk Driving, you probably already know you are in some pretty serious trouble. It’s not just the (all too often) mandatory jail that should scare you, but the mandatory fines and fees (typically approaching $1500) and the loss of driving privileges (up to 90 day driver’s license suspension on a first-time (misdemeanor) offense) that really adds insult to injury. If you find yourself charged with a Minnesota DWI you need to get a great Minnesota Criminal Defense Attorney – but what should you expect from them? Hopefully after you read this post you’ll have a better idea of what we can do for you.

A Minnesota Drunk Driving Lawyer is Not a Miracle Worker
If you are hiring The Rolloff Law Office (or any --- ANY --- lawyer) to come in and represent you on your Drunk Driving arrest and you’re expecting to walk away, and you’re going to be disappointed if you don’t, you are setting yourself up for disappointment. I hate to say that, but it’s impossible to guarantee a victory when you are charged with a DWI. There are bunch of reasons why, but the first and foremost reason is that the deck is stacked against us from the get go.

Any experienced Minnesota DWI Lawyer that you talk to that tells you he’s won more cases than he has lost is either lying to you or he hasn’t had that many cases. These things are hard to win. The laws are set up against you. If you want a great outcome, you’ve got to be willing to fight.

Your DWI Lawyer Should Fight Hard for You
If I would ever find myself charged with a Minnesota DWI (and trust me when I say one never knows when something like this could happen – even if you’ve had nothing to drink) there is one thing I would want to from my lawyer – when the case is over, I want to feel like we gave it everything we had, that we tried our best to win.

Fighting a Minnesota Drunk Driving arrest is a lot like playing a game of basketball against a team that is allowed to play with 7 players to your 5 and has the rules set up so that every time you try anything it’s a foul and any time the other team throws up a shot it goes in the basket. Those are the kind of odds we’re facing. The only way to win in a situation like that is to put your head down and outwork and out hustle the other team. Having that kind of advantage makes you lazy and prone to mistakes. By fighting hard you can create and take advantage of some of those mistakes.

(Maybe you're asking how I know these things - well --- if you've read my bio you know that I cut my teeth on the other side of the aisle.  Yes --- you go with me, and you're hiring a Minnesota Criminal Defense Attorney who learned the game from the inside - as a former prosecutor.) 


Who You Going to Call?

If you or someone you love needs help with a legal issue - like a Minnesota DWI - if you work with the Rolloff Law Office you'll be guaranteed unparalleled access to us, unparallelled effort, and unparalleled excellence. We fight the good fight. We go down swinging. We leave everything on the floor. If you need a Minnesota DWI attorney, please give us a call: (612) 234-1165

Friday, May 18, 2012

Minnesota Field Sobriety Tests (Don't Do 'Em?)


Believe it or not, Minnesota's Standardized Field Sobriety Tests are NOT a valid method for determining impairment --- due to drug or alcohol use.  Shocking - but true.  Ask any self-respecting Minnesota Criminal Defense Attorney - like me.

If you hold "other" beliefs - after examining the following questions - tell me if you have even the slightest change of heat.

Field Sobriety tests Are Meaningless 


Here are some simple questions that should demonstrate to any right thinking individual why those road-side calisthenics the cops have drivers go through are all pointless.

  • Have you ever stumbled while walking?
  • Did that stumbling mean you were drunk?
  • If you can stumble while walking normally, what about when asked to perform the difficult and awkward task of walking heel-to-toe?
  • (As a side note, does anybody actually walk this way?)
  • What about standing on one leg?
  • Is this something you practice often?
  • If you stumbled does that automatically mean you are drunk?

The fact of the matter is that "not passing" these very difficult Field Sobriety Tests can be attributed to a number of factors. such as:

  • Age
  • Body weight/size
  • Medical History - including any lingering leg or back injuries
  • The type of shoes one has on
  • Innate Clumsiness
  • Nervousness

Despite everything set-forth above, the government (and judges) continue to place a lot of weight on these tests to determine intoxication.  As a result, many innocent people have been found guilty of M9innesota DWIs (especially DWI- where drug use is implied.


Think About it

Considering was been laid out here, this is why I suggest that (if you have been arrested for a Minnesota DWI) that consider hiring an attorney who is willing to fight the good fight - especially when it comes to is an Field Sobriety Testing - sop you can defend yourself against this "junk science" in court.  Protect your rights - contact the Rolloff Law Office today to get answers to your legal dilemmas.  Call:  (612) 234-1165.

Tuesday, May 15, 2012

Minnesota Driving While Texting (Explained)




One of the most disturbing things about being a Minnesota Criminal Defense Attorney is seeing people charged with crimes when all they've really done is fail to use a turn signal, or speed - when there are other idiots out there driving like maniacs, distracted by other things that are equally or even more dangerous than Drunk Driving.

After Sunday's expose in the StarTribune (link to article) about the perils of driving while Texting, I got to thinking about what other "distracted driving" issue were out there.

What is Distracted Driving?

Would you believe that eating food while at the wheel of a vehicle could be more dangerous than drinking or texting while driving? According to a study by the University of Leeds called “Two Hands Better than One,” this is exactly what researchers found based on observation of test subjects operating driving simulators.

The UK researchers measured reaction time while drivers negotiated virtual vehicles, and as it turns out, eating increased response times by 44 percent. In contrast, texting increased reaction time by 37 percent, and drinking a non-alcoholic beverage from a can or bottle increased reaction time by 22 percent.

And what about the one driving no-no that that nearly everyone agrees is undesirable – drinking alcohol and operating a vehicle? Drivers asked to operate the simulator who were at the U.S. “legal limit” of .08 percent blood alcohol content increased reaction time by 12.5 percent…

Common sense dictates that drivers can compound their chances for an accident if they do not self-govern and recognize their limits. And as the study indicates, a distraction can come in several forms – even ones that have been considered benign…

Much more could be said about this subject which the U.S. Department of Transportation has been up in arms about in recent years, labeling distracted driving an “epidemic.”


Now, I get it that Drunk Driving is dangerous. I'm not advocating that people do that. But what are our options when it comes to these other areas of distracted driving?

At the end of the day, nothing will come of it. The reason? There are no special interest groups formed by empathetic groups to lobby Congress to change all the rules. Not until someone is killed by someone texting or someone eating will someone stand up for harsher penalties - and even that won't change things (that's my guess - too many "upstanding" people would become criminals, much like the criminalization of Drunk Driving has done).

In the State of Washington texting while driving is a $124 ticket, and it doesn't even count as a moving violation. Talking on a cell phone is the same way. Eating while driving isn't illegal at all. Yet all of these activities are more dangerous than driving with a blood alcohol level above .08.

If you have questions about ANY legal dilemma - call the Rolloff Law Office today at (612) 234-1165.


Thursday, April 12, 2012

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.

Tuesday, April 3, 2012

Minnesota Criminal Defense FAQS


As an experienced Minnesota Criminal Defense Attorney, I gets questions - lots and lots of questions.  To save you some time - and money - here are some answers to those most frequently asked.

What type of crime have I been charged with?

There are four different levels of offenses in the State of Minnesota: Petty Misdemeanors, Misdemeanors, Gross Misdemeanors, and Felonys. These are best identified by the possible sentence you could receive if you were convicted of one of these offense.

  • A Petty Misdemeanor is a non-criminal offense punishable only by a maximum $300 fine.
  • A Misdemeanor is punishable by up to 90 days in jail, and/or a $1000 fine.
  • A Gross Misdemeanor is punishable by up to one year in jail and/or a $3000 fine.
  • A Felony is punishable by over one year in prison and/or more than a $3000 fine.

I have been charged with a crime. What are my rights?

Your number one right is to have an attorney represent you.

Short of offering your name and date of birth, you do not (let me repeat that: DO NOT) have to talk to the police about the crime you have been charged with. If you choose to talk to police you have a right to have an attorney with you when you do so. An experienced Minnesota Criminal Defense Attorney can assist you in making that decision.

What will happen if I am convicted?

If you are convicted of a crime the court will impose a sentence that may include any of the following:

  • Jail or prison time
  • Fines
  • Community Service
  • Electronic Home Monitoring
  • Probation conditions, such as:
    o No-contact orders
    o Programming and/or Education requirements (such as: Anger Management, DWI Education, MADD Victim Impact Panel Attendance, etc.)
    o Abstinence from chemical use (alcohol and drugs)

In addition to jail time and fines, there are other possible consequences (collateral consequences) if you plead guilty or are found guilty at a trial.

  • Traffic offenses and DWI offenses may result in your driver’s license being suspended or revoked.
  • If you are convicted of a felony, you will not be allowed to possess a firearm under state and federal law.
  • Conviction of certain offenses can require you to register with the State as a predatory offender.
  • Conviction of certain offenses may result in suspension or revocation of certain professional licenses.


What can a criminal defense attorney do for me?

Not ot put too fine a point on it but the legal system is complicated and confusing. An experienced Minnesota Criminal Defense Attorney, such myself:

  • Represent you while your case is being investigated and try to prevent criminal charges
  • Challenge evidence against you and make sure illegally obtained evidence or inadmissible evidence is not used at your trial
  • Determine whether you have any legal defenses to the crime you have been charged with that could result in the charges being dismissed or an acquittal at trial.
  • Negotiate with the prosecutor to get you the best outcome possible if you decide to plead guilty to the charges.
If you even think you might need a lawyer - feel free to call the Rolloff Law Office and set up a free consultation.  Call today: (612) 234-116