Public Defender or a Private Attorney (Explained)

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

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

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

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

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

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

What's the Alternative?

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

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

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

BWI - Boating While Intoxicated (Explained)

The calender now reads SUMMER - even if the weather does not concur - and in Minnesota that means one thing --- hitting the lakes. As you do so in your boat or personal water craft - so is the government.

Yes, as part of a national effort to crack down on alcohol and drug related accidents and fatalities on the water, the Minnesota Department of Natural Resources is engaging in something called Operation Dry Water (you have got to love these names - right?) looking for impaired boat captains.  If you're planning on dropping anchor this weekend, here are a few things you might want to keep in mind if your boating fun also includes a few adult beverages.

The Basics

Just like with driving a motor vehicle, in the State of Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08) percent.  Those in excess of the legal limit may be charged with BWI (Boating While Intoxicated).

Just like with Drunk Driving, a first time BWI charge is usually classified as a Misdemeanor - which could result in the imposition of a $1,000 fine and a jail sentence of up to 90 days.  You could also see your boating privileges suspended for up to 90 days.  In addition, the enhancement factors - which could raise a 1st time offense to a more serious criminal classification - are also applied in BWI case.  Therefore, if your piloting your boat with a blood alcohol concentration of (.20) percent or more, have a prior conviction for DWI (or BWI) or a were convicted of failing to submit a sample of your blood, breath or urine for testing in the 10 years prior to the new charge, and/or there's a passenger under the age 16 on board at the time of the offense - you could be looking at a Gross Misdemeanor of Felony level charge. 

Different than a DWI?

As much as they might be the same, BWI laws also differ from the Drunk Driving laws in a number of ways too.  One of the most important is that an officer - who usually needs to assert a reasonably articulable suspicion to legally stop your vehicle - doesn't always need such a well defined reason to board your boat. More often than not, the police can come aboard for safety or security reasons. Then, if the officer notes the smell of alcohol or sees evidence of drinking, he can begin an investigation.   

Another significant difference in BWI prosecution is the impact that the sun can have on the boater's body - especially when alcohol is involved.  As opposed to when you're drinking a beer in a bar - when your body is processing alcohol in a way you're familiar with - because alcohol works to dehydrate you (as does a day in the sun) it is often easy to underestimate the effect that alcohol is having on you. This often leads to greater consumption - especially if it's a cold beer on a hot day - which can result in a higher alcohol concentration in your system.

What Should You Do?

If you're a regular follower of this blog, you'll note some of the suggestions I've made when having contact with the police- in the context of a Drunk Driving stops.  A lot of those same warnings should be heeded by you when having contact with an officer while out on the lake - and your being suspected of BWI.

If you've been arrested, your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights, to fight for you in court and to protect your future.