What Should I Do If I’m Stopped by the Police?

Here's a couple of easy answers to some hard questions about contact with the police from an experienced Minnesota Criminal Defense Attorney.  

I.  Do I Have To Answer Questions If I am Stopped by the Police?

No, you don’t, not under any circumstances. But note this twist that surprises some people: the safer you feel, the more likely you are to incriminate yourself.  So, what should I do if I am stopped by police?  I’ve discussed this before, but it merits fine tuning.

II. Am I Under Arrest?

If you are stopped by police and talk to them and you are free to leave—such as if you are not in a squad car or police station, or if you have been told you are not under arrest or are not a suspect in a crime—what you say to the police can be used against you without a prior Miranda warning or an opportunity to have your lawyer present.

III. If You are Under Arrest

Once you’re under arrest or “in custody,” the police cannot use what you say against you unless you have been Mirandized first and told that you have a right not to speak and to have an attorney present.   The basic distinction between whether you are or are not under arrest is whether you are free to leave.

But it is not illegal for the police to allow you to feel free to leave so you will talk to them–then they arrest you five minutes later.  (Trust me - It happens.)

IV. I Got a DWI. When Was I Under Arrest? What Should I Do?

Most of my clients tell me that they were not given their Miranda warning until long after they were stopped by  the police.  In a “typical” DWI, the suspect will be stopped, questioned in the car (“have you been drinking tonight?”), given field sobriety tests (heel-to-toe walk, follow the pen with your eyes), handcuffed, placed in the squad car, driven 20 minutes or so to a police station, and questioned some more before being Mirandized.  Anything you say during this process can and will be used against you even though you were not advised  of your right to remain silent or to have a lawyer, because you were not under arrest yet (even the handcuffs do not constitute arrest if the police say that the handcuffing was “for officer safety”).

V. Don’t talk to police without your lawyer present

This goes for individuals who are innocent.  Click HERE)

If you're reading this after the fact --- help can still be had.  Please call the Rolloff Law Office today to set up a free consultation: (612) 234-1165.

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,

Minnesota Drunk Driving Stops (Explained)

Drunk Driving arrests in Minnesota frequently begin with a  traffic stop made by a police officer or state patrol trooper.  After the stop there is generally a sequence of actions taken by the officer if they suspect the driver has violated Minnesota's DWI law.

There are of course, legal and illegal (constitutional and unconstitutional) ways of both initiating a traffic stop and conducting subsequent questioning, testing, etc.  The following is a brief overview of the constitutional issues surrounding typical DWI traffic stop in Minnesota.

If you have any questions about this, your next best step is to contact an experienced Minnesota Criminal Defense Attorney.

The Traffic Stop

An officer can make a brief investigatory traffic stop without violating the constitutional prohibition against “unreasonable searches and seizures” if they have “reasonable, articulable suspicion” of criminal activity.  An officer’s observation of a traffic violation, even if insignificant, can provide the officer with an objective and reasonable basis to make a legal traffic stop.

Typical traffic violations which provide a basis for a stop include speeding, not signaling a lane change, and equipment violations.

Initial Questioning

After an officer has made an initial stop, they generally ask the driver a series of questions (e.g. “Are you aware of why I pulled you over?”) and request a driver’s license/identification and vehicle registration information

Field Sobriety Testing (FST)

During the initial questioning in a Minnesota DWI traffic stop, the officer will often make observations of alcohol use and/or intoxication.  These observations frequently include slurred speech, glassy/watery eyes, (strong) odor of alcohol, slow reaction time, and the driver admitting alcohol use prior to driving. If the officer does make these observations, they can provide the basis (reasonable, articulable suspicion that the driver has violated the DWI law) to legally conduct a series of field sobriety tests.  The standard field sobriety tests (SFST) include a series of three tests:  the walk and turn test (WAT); the  one leg stand (balance) test (OLS); and the horizontal gaze nystagmus test (HGN).  There are also non-standardized field sobriety tests that the officer may have the driver perform including: the Romberg  (Balance) Test; counting backwards; reciting the alphabet etc.  Failure of the  field sobriety tests can be used by the officer to establish probable cause to arrest the driver for DWI.  (In various areas throughout this blog, I;ve reported on these "tests" --- if I could make one suggestion --- don't agree to perform these tests!)

Portable Breath Test (PBT)

The officer will typically request  a portable breathalyzer test (PBT) from the driver if they fail the field sobriety tests.  The legal basis to request the PBT, however, is the same as for the request for field sobriety testing: “reasonable, articulable suspicicion” that the driver has violated Minnesota DWI law.  This can include the failure of one or more of the field sobriety tests, admissions from the driver of alcohol use, and/or other observations of possible alcohol use and/or intoxication (e.g. glassy eyes, strong odor of alcohol etc.). In addition, like the field sobriety tests, a PBT failure can be used by the officer to establish probable cause to arrest a driver for DWI.  (Like with the FSTs ... don't agree to take this test!)

Arrest

An officer must have probable cause to make a legal arrest of a driver for DWI.  Probable cause in Minnesota exists if a person of ordinary care and prudence holds an “honest and strong” suspicion that arrested party is guilty of a crime.  Probable cause is more than mere suspicion.  The officer can establish probable cause to make a legal arrest with a combination of observations of alcohol use and/or intoxication, statements by the driver indicating alcohol use and/or intoxication, failure of one or more of the field sobriety tests, and/or failure of the PBT test.

What Can Be Done About Illegal Conduct?
The constitution protects individuals against unreasonable searches and seizures.  The remedy for an illegal search and seizure is suppression of the evidence obtained as a result of the illegal search and seizure.

In a typical DWI case as described above, therefore, if the officer illegally made the initial traffic stop or otherwise illegally conducted the questioning, testing and/or arrest, the driver can move the court to suppress evidence that was obtained as a result of that illegal search or seizure.  In Minnesota, this is done at what is know as a “Rasmussen Hearing.”  If the Motion for suppression is granted, the prosecution cannot use the illegally obtained evidence at trial.  This can obviously have a huge impact on the case.  A very positive impact for the defense, and very negative impact for the prosecution.  In fact, the prosecution may dismiss the case and/or offer a very favorable plea agreement  in the event of suppression.

What's Next?

If you or someone you love needs help with a legal issue - like a Minnesota DWI --- call The Rolloff Law Office to set up a FREE CONSULTATION today.  Call (612) 234-1165.

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

Minnesota Criminal Sentencing (Explained)

Criminal Sentencing in Minnesota courts is more an art than it is a science. Courts and judges have a ton of tools at their disposal when it comes to meting out a criminal sentence.  The options include: probation, jail, jail plus probation, prison, house arrest/monitoring, a SCRAM bracelet, monitored sobriety, community work service, sentence to serve, drug & alcohol treatment, sex offender treatment, therapy, mental health counseling, letters of apology, and remedial driving classes. One or a combination of these tools, are present in most cases.

Generally speaking, Minnesota law lets judges order a sentence for most anything as long as it is "reasonably related" to the defendant's rehabilitation. That is a broad way of saying that --- if it will make it less likely the defendant will re-offend, then the court can order it.

To most of us, jail or prison is the worst possible sentence one could get - right?  Personally, I don't want to go to jail or prison because it would limit my contact with my family and make it impossible for me to pay my bills. Therefore, financial ruin is almost a certainty. One way I have argued against this outcome for my clients is to appeal to the courts broader perspective about our community -- and specifically to a judge's interest in children and family. If I have a client facing a jail or prison sentence - I going to argue any and all points necessary to see how essential he/she is to their family ... and to their future.

What Should You Do?

Experienced Minnesota Criminal Defense Attorneys should know their client's background, their criminal history, their work status, their family status, their unhealthy lifestyle, and the facts of the case, for a creative approach with a judge at sentencing.



I've sat through thousands of these things - both as an ex-DA and as a criminal defense attorney.  What I've learned - through all of that experience - are the things that a judge likes to hear and what they are repulsed by. I've learned how to teach my clients what to say and what not to say. This is an important component to any lawyer - client relationship. In fact, it is one of the most important.
If a case is not dismissed, criminal sentencing is where most cases end up. I work with DAs, probation officers, treatment providers, family members, and even victims, to make sure my clients receive the best sentence possible. Therefore, if you have a criminal case on the horizon, be smart, exercise your right to remain silent, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your future.