It’s what everyone hopes to avoid while driving: the dreaded “flashing blues” in their rear-view mirror, an indication that someone’s about to be pulled over. Hopefully it isn’t you. At one point or another, just about everyone drives faster than the posted speed limit. Generally speaking, traffic enforcement officers give motorists some latitude – allowing motorists to drive between 5 and 10 miles per hour faster than what’s allowed for – but anything more than that and a ticket is probably in your future. If you have received a ticket --- speaking to an experienced Minnesota Criminal Defense Attorney.
A ticket has lasting effects. It can cause auto insurance premiums to increase for motorists who are convicted and attaches points onto the driving record. Get too many tickets, and it could result in a license suspension.
Think About It
Generally speaking, most courts decide in favor of the police officer, typically because they have proof that confirms their observation. Furthermore, even if you think you have a compelling argument, there’s no guarantee that the judge will decide in your favor. Thus, you can wind up spending hours in court hearings and you don't get the result you want/need. .
That being said --- having help (ie., a lawyer) can might be the best use of your time/defense to beat a charge and/or negotiate an outcome with the prosecutor to keep it off of your record.
If you think spending a few dollars is worth the saving in the long-term. Call the Rolloff Law Office - our fees for citations start at under $200. Call for FREE ANSWERS today: (612) 234-1165.
As an experienced Minnesota Criminal Defense Attorney, I often get questions about controlled substance cases. The most common are about 5th Degree Possession of drugs an the penalties one might expect.
Fifth degree possession of drugs is the least severe felony drug possession crime in Minnesota. It carries a maximum penalty of up to five years in prison or a $10,000 fine. The court can convict you of this offense - not only by possessing controlled substances, but also by obtaining or attempting to obtain them using fraud or deceptive means, such as claiming to be a medical provider or using forged prescription documents.
How to Defend Yourself
The defenses for this charge vary from case to case --- common ways include:
Illegal Search: the first area to look at is whether the police obtained the drugs lawfully. In many cases, a Fourth Amendment or Fifth Amendment challenge could be brought arguing that the police violated the defendant’s constitutional rights and that the drug evidence should be suppressed.
Legal Possession: another area to look at is whether the defendant could legally possess the substance. It is not uncommon for a police officer to charge someone with a drug crime if they do not have evidence of a prescription available. However, if a prescription can be produced, it will likely result in a dismissal of the case.
Entrapment: In cases involving a controlled buy, there may be an argument that the police conduct induced you to purchase the controlled substances. However, the elements can be difficult to show and are heavily fact-specific. A criminal defense lawyer can advise whether this defense may apply.
Stay of Adjudication and Diversion
A program available for most first-time defendants charged with fifth-degree possession is to enter a treatment program and either have the matter diverted or receive a stay of adjudication. Diversion or a stay of adjudication can prevent a conviction from appearing on your criminal record if you comply with all requirements. This allows for an opportunity to avoid the many negative collateral consequences of having a felony drug conviction. You can also ask - at a later date - to have your charges/case sealed/expunged.
If you are facing a drug charge in the State of Minnesota, I suggest that you strongly consider contacting an attorney. Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165
We all know how the story goes --- you were charged with a crime. But then - your Minnesota Criminal Defense Attorney got the case dismissed or helped you to earn a Not Guilty verdict at trial. However, the arrest/charges are still showing up on a background check. Right?
What Should You Do?
Many Minnesotans are surprised to learn that potential employers can still see that they were charged with a crime --- even though they were never convicted. Heck, you may have searched your name on the court’s public records site and found nothing. While this is a good place to start - that should not be the end of your efforts. See, even if you were acquitted, or if your case was dismissed as a result of a Continuance for Dismissal or Stay of Adjudication, your case should not be visible via a simple name search. However, if someone knows the name of your attorney or the court file number, they may be able to find your entire Register of Actions. This is where many people might consider looking into a Expungement --- and educating themselves about the way to do that.
The reason you may need to go this extra step - save for what I've already explained - is the fact that potential employers aren’t often satisfied with such a limited background check. Instead, they request a complete criminal record check through the Minnesota Bureau of Criminal Apprehension. If the BCA has records of your arrest/charge, they will report it to anyone you authorize to receive this information. Although your criminal record will indicate that the case was dismissed, a potential employer might still take pause at the sight of a charge.
For example, let’s say you were accused of taking something - from a store - when you were young. A typical outcome for such cases --- a client is able ot keep it of their record by way of a Stay of Adjudication. That means you the accused did pled guilty to the offense, but the judge did not accept the plea. And, the case was dismissed after one year of law-abiding behavior. Alas, that same person then fills out an application for a new job, and the employer runs a full background check. Because your case was dismissed, you are confident that there will be no issues. However, the potential employer sees that you were even charged ... and worries that you may be more trouble than you’re worth. After all, they don’t know you. They just want to protect themselves from anyone who may hurt their ability to run a successful business. Will they take a chance on you still? Maybe. But why leave it to chance?
Expungement
Minnesota’s expungement laws afford most individuals the right to ask the court to completely seal their record and ensure that no one finds out about passed wrong doing. If you had a case that was dismissed, the State generally bears the burden of proving that the government’s interest in maintaining your record outweighs any benefit you’d receive in having your record sealed. Because there is often little or no public interest in maintaining the record of a dismissed charge, they are seldom able to meet this burden.
If you were charged with a crime and your case was dismissed, it just makes sense to look into Expungement. The Rolloff Law Office has helped 100s of people seal their criminal records. Contact us today to learn more: (612) 234-1165
If you are caught Shoplifting, even something as small as a pack of gun, in the Twin Cities, you could end up in jail. Therefore, you should strongly consider getting help from an experienced Minnesota Shoplifting Attorney.
How to Address a Theft Charge
Everybody knows about shoplifting. It’s when someone takes something from a store without paying for it. While this is something people often associate with teenagers --- this offense knows no common offender.
There are a number of defense strategies that can be used to keep a conviction from going on your record.
No Intent: In the State of Minnesota - the government is required to prove an intent to permanently deprive property from its rightful owner. If the prosecution cannot prove that the accused intended to walk out of the store without paying for the items, they cannot convict you of Theft.
Not Enough Proof: The accused is innocent until proven guilty. Even if you someone one testifies against you --- you may not be convicted. This strategy often requires a consultation with a lawyer about how to challenge the eyewitness' accounts --- finding inconsistencies that would show that they are wrong.
Other: a good Criminal Defense Attorney can help you avoid jail and/or a fine --- even if you are dead-to-rights guilty/without a defense.
Contact the Rolloff Law Office - today - an get the answers you need to keep a conviction from going on your criminal record. FREE: (612) 234-1165
In the State of Minnesota, a Terroristic Threat (ie. Threats of Violence) is classified as a felony offense. However --- what qualifies as much might be mislabeled. What that means, to an experienced Minnesota Criminal Defense Attorney is that there are circumstances when a threat --- might find someone charged with a crime.
Example --- a statement like: statement, “I just want to burn this place down,” (something a family member might use on a bad day) could be mischaracterized as a terroristic threat.
If you have been accused of making a Terroristic Threat, you should not just accept it.
What Should You Do?
The number one thing to do in a Terroristic Threats case is to dig into what actually happened. Believe it or not, there are different types of threats, which is why something someone says can be perceived as such. Here are the elements of such threats:An individual must indirectly or directly commit a violent crime with the intention of terrorizing another person
he Consequences
The number one goal of The Rolloff Law Office is to make sure you are not convicted of making threats. When conviction cannot be avoided, then the goal is to have the charges reduced. There are areas of the law that allow for charges to be reduced so a person can put the matter behind them and move on much sooner.If convicted, there are consequences, such as prison and fines. There is also the criminal record that causes problems with finding a place to live or finding a job. The more serious the charge a person is convicted of, the harder the future may be. This is why it is important to have an attorney who will fight for and with you every step of the way. Even a reduction in charges can make moving forward much easier than it would be otherwise.
An innocent statement can misinterpreted as a threat. In fact, even a semi-serious statement could result in a terroristic threat/threats of violence charge. If you or a loved one has been accused of making a threat, you have the right to defend yourself with the help of a skilled defense attorney.
Call The Rolloff Law Office at (612) 234-1165 to set-up a FREE CONSULTATION
If you are a parent of family member who has questions about a child that has been arrested --- you are most likely upset and confused. True --- you don’t want this young person's future to be compromised in any way. If there is any (early) good news it is that the courts in the State of Minnesota are actually set-up to focus on ensuring a better future for almost every juvenile offender by stressing on rehabilitation rather than punishment. Bearing as much in mind, it is important to consult with an experienced Minnesota Criminal Defense Attorney --- to ensure that you can earn the best possible income for your loved one.
What You Need to Know
The State of Minnesota has a specific set of laws on the books that apply to minors. These laws tell the courts to handle juvenile cases differently than adult cases.
At the Rolloff Law Office, you will work with an experienced juvenile defense attorney who explain to you your family's options with you --- telling you everything that you need to know so that you can make well-informed decisions. You will know what to expect at every phase in the case.
The Minnesota Juvenile Court System
Depending on the severity of the charge, a decision will be made as to which court the case will be tried in. It is entirely possible for a juvenile to be tried as an adult --- if they commit an offense that is considered an adult crime, such as murder. Since the penalties and consequences handed down in adult court will be adult consequences, the juvenile could face the prospect of serving time in an adult prison. This is another reason why it is imperative to have a highly experienced attorney by your side.
Types Of Juvenile Crimes
I handle all types of juvenile crimes. While a child can commit any crime than an adult can, there are some that are more common than others. Those common types are:
- Assault
- Burglary
- Theft
- Terroristic threats
- DWI
- Drug crimes
If you are the parent of a child who has been accused of a crime, one of the first things you need to do is call an experienced and affordable juvenile attorney. By giving your child the representation that he deserves, you are taking a step toward preservinghis future. To learn more about how the The Rolloff Law Office can help you --- Call (612) 234-1165 and set-up a Free Consultation.
When a someone has been convicted of a criminal offense attempts to put their past behind him/her ... to move
forward with their life ... often they are reminded of their poor decisions because of a criminal record.
A past conviction could have the effect of harming one;s ability to secure employment or pursue educational opportunities. Some
states, including Minnesota, allow some offenders to have their records
expunged. Do you want to put your past --- in the past --- then contact an experienced Minnesota Criminal Defense Attorney and see if you qualify for an expungement.
What's an Expungement?
Expungement is the
process of going to court to ask a judge to seal a court record. When a
record it sealed ... it cannot be made known to the public and it generally stays off of any background checks.
What Kinds of Cases Can Be Expunged?
What Types of Cases that Could Be Expunged?
The
laws in Minnesota changed at the beginning of
2015, allowing a judge to seal more criminal records and convictions.
This law also allows the court to order other governmental agencies to seal their records. However, not all cases can be expunged.
According to Minnesota Statute 609A.02, a person
could seek record expungement if:
- All pending actions or proceedings were resolved in favor of the petitioner;
- The
petitioner has successfully completed the terms of a diversion program
and has not been charged with a new crime for at least one year since
completion of the diversion program;
- The petitioner was convicted of
or received a stayed sentence for a petty misdemeanor or misdemeanor and
has not been convicted of a new crime for at least two years;
- The
petitioner was convicted of or received a stayed sentence for a gross
misdemeanor and has not been convicted of a new crime for at least four
years; and/or
- The petitioner was convicted of or received a stayed sentence
for a certain felony violation and has not been convicted of a new crime
for at least five years
According to the new law, some of the
felony violations could include a controlled substance in the fifth
degree, sale of a simulated controlled substance, unlawful acts
involving liquor, contempt, failure to appear in court and receiving
stolen goods.
If a person has been charged with a certain
controlled substance offense and the proceedings have been dismissed, he
or she could petition to have all records relating to the arrest,
indictment, trial and dismissal sealed.
Juvenile Records?
If a juvenile has been
prosecuted as an adult in Minnesota, he or she could petition to have
the criminal record sealed if he or she is finally discharged by the
commissioner of corrections or if he or she has been placed on probation
by the court and discharged from probation after completed the
requirements.
Domestic Assault?
Under state law, a person charged with a domestic
violence offense, such as felony assault by strangulation, would not be
allowed to have the record sealed. Additionally, crimes that require
registration also would not be able to be expunged. This includes
murder, kidnapping and criminal sexual conduct, according to Minnesota
Statute 243.166.
J.M. Rolloff is a skilled Hennepin County Expungement Attorney who can help you
determine if your criminal record is eligible to be sealed. The process
of sealing a criminal record can be complex and often quite lengthy.
Having a former prosecutor who is experienced on both sides of the law
can be beneficial to your expungement. Call The Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165
If the right requirements are met, there are some crimes that many crimes that can be
expunged. Although the law changed in 2015, sealing your record isn't guaranteed. In all reality, an individual must have a
very good reason to have a charge/convictionexpunged, such as the negative
impact the criminal record is having on that person’s life. For
instance, an individual may have difficulty finding a job or finding a
place to live. If you need to know more, you should strongly consider consulting an experienced Minnesota Expungment Attorney.
Crimes That Can Be Expunged
A judge uses the law (and their own discretion) when a person requests to have a conviction
wiped off of their record so they can apply for a specific job or find a
place to live.
Some of the crimes that can be expunged include:
- Assault
- Felony or misdemeanor theft
- Disorderly conduct
- Obstruction of justice
The
expungement process is a complicated one and that’s why you need a
Minneapolis Criminal Defense Attorney to help you. A lawyer knows how to navigate the process when all you want to do is move on
with your life toward a better future.
Why Seek an Expungement?
The
reason why you want to go for expungement is due to the impact a criminal record has on you - now and in the future. Criminal records are
maintained at the city, county, and state levels. They document the type
of crime, when the crime occurred, details of the charges, the court
where the case was heard, and sentencing detail. The records become
public record, so employers, landlords, and anyone who needs to conduct a
background check on you can access them.
When your Dakota County Criminal Defense Attorney is able to have your record expunged, it does
not show up on these background checks. It is not completely erased in
case it does need to be accessed by law enforcement, but there is no
interference with you finding a good job, renting an apartment,
or going to the school of your choice. The short-term and long-term
advantages of expungement make undergoing the process worth it. Even the
legal cost is minimal compared to the earnings you will receive by
being able to work within a career that pays you what you are worth
rather than working in one that pays you pennies because of a criminal
record.
If
you have been convicted of a crime and you know or believe that you
qualify for expungement, The Rolloff Law Office can help you determine your
eligibility and can help you meet that goal if you are. An expungement can
help you start over and move on with your life toward a brighter future.
To find out more about what can be done for you and what your rights
and options are, call (612) 234-1165
When a school bus is stopped on a street or highway and displays an
extended stop-signal arm and flashing red lights, the driver of a
vehicle approaching the bus must stop the vehicle at least 20 feet away
from the bus. Failure to do so may result in a passing a stopped bus
charge. If you have been cited for violation Minnesota Statute 169.444 ... then you should contact an experienced Minnesota Criminal Defense Attorney.
It is also a crime for a person to pass or attempt to
pass a school bus in a motor vehicle on the right-hand passenger side of
the door when the bus is displaying the pre-warning flashing signals.
Passing a Stopped School Bus Consequences
In
the State of Minnesota, someone convicted of failing to stop a vehicle while a
school bus has its stop-arm extended is guilty of a misdemeanor.
However, a person may also be charged with a
gross-misdemeanor if they fail to stop their motor vehicle and commit
one or both of the following:
- Passing or attempting to pass the school bus on the right-hand passenger-door side of the bus; and/or
- Passing
or attempting to pass the school bus in a motor vehicle when a child is
outside of and on the street used by the school bus or on the adjacent
sidewalk.
Driver’s License Sanctions
Depending
on the circumstances surrounding the offense, a passing a stopped
school bus conviction can lead to a driver’s license suspension or
revocation.
Illegally passing a school bus is a serious offense with
severe consequences. Having an experienced attorney is therefore
essential to ensure that your rights are protected throughout the legal
process. Call the Rolloff Law Office to get more information about what you can/should do ... so as not to make things any worse. FREE CONSULTATIONS: (612) 234-1165
The loss of your Minnesota Driver's License can complicate so many things ... and lead to tickets/criminal charges ... that you should know your rights.
As a Minnesota Criminal Defense Attorney, I have helped hundreds of people with this problem. Hopefully some of the information that I have offered here helps. If you need to know more, please feel free to call the Rolloff Law Office: (612) 234-1165.
Driving After Cancellation (DAC), Driving After Revocation (DAR), Driving After Suspension (DAS), and Driving After Disqualification are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Drunk Driving arrest or conviction.
The Law
These offenses are governed by Minnesota Statute 171.24, which reads:
[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license,” while the person’s license or privilege is suspended, revoked, or canceled.
If the “person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license, while the person’s license or privilege is canceled or denied.”
Consequences
If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much steeper.
Minnesota Statute 168.041 subdivision 2 states,
If a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.
Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to a third party. If you want to work to get your privledge back and/or keep the consequences to a minimum, call the Rolloff Law Office to set up a FREE CONSULTATION - today: (612) 234-1165
A Minnesota law enforcement officer, after pulling over a driver for suspected of drunk driving, will usually say something to the effect of “I need to have you step out --- and do a few tests to make sure you are okay to drive."
The sad truth is, the driver is (usually) not told that he/she has the option to refuse those tests.
Filed Sobriety Tests (The Truth)
Almost always, the purpose for the Standardized Field Sobriety Tests (SFSTs) is to gather evidence against you to be used at trial --- not to "prove" that you are not under the influence.
Here's what you need to know: there are (at least) two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose an experienced Minnesota Criminal Defense Attorney gets the test kicked out? The government can still convict you if they can prove that you drove at a time that you were impaired by alcohol.
Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFSTs.
They will later testify in court that your inability to do the test proves you were impaired.
The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests.
If you do not perform the tests ... especially if you decline to offer of a sample of your breath (on the side of the road for the the preliminary breath test (PBT) ... the officer can place you under arrest, transport you back to the police station and ask you give a sample of you blood, breath or urine.
You have no duty to make the cops case for him.
If you need help with a DWI arrest, contact the Rolloff Law Office for FREE ANSWERS. Call today: (612) 234-1165
Heroin ... all over the news these days ... is being reported as one of the more addictive drugs & its abuse is once again climbing. Law enforcement, law makers and the courts are not blind to this fact, and they are taking action.
If you or someone you love is accused of heroin possession in the State of Minnesota, there’s a good chance that you are scared - and rightfully so. Fortunately, an experienced
Minnesota Criminal Defense Attorney may be able to help.
Consider This
Minnesota is known for being tough on crime ... and Controlled Substance Crimes in particular. Possession of heroin is a serious felony-level charge, no matter how much someone is accused of possessing. This means that a conviction could result in prison time, lengthy probation ... and all of the "crap" that goes along with being charged with a felony.
Having had started out as a prosecutor, I have an insight into how these matters can and should be handled ... working to earn a a positive resolution of your case.
Penalties
Possession of heroin is a felony charge, no matter the amount one is found to possess. However, the actual amount does factor into the charge you face and the potential consequences. In the State of Minnesota, the law sets-forth these penalties:
- Fifth Degree Possession (Less than 3 grams) - up to 5 years in Prison and $10,000 in fines;
- Third Degree Possession (From 3 - 5.9 grams) - up to 20 years in prison and $250,000 in fines;
- Second Degree Possession (From 6- 24.9 grams) - up to 25 years and $500,000 in fines; and
- First Degree Possession (25 grams or more) - up to 30 years and $1 million in fines.
Evidentary Issues
There are many laws protecting your rights and dictating how the evidence gathered against you must be handled ... and if law enforcement fails to do their job correctly ... there are sometimes opportunities for your Minnesota Controlled Substance Crime Attorney to argue that it should be suppressed.
Example: If it can be shown that your rights were violated in the search or that the evidence was not properly handled, there may be cause to have your case thrown out completely.
Plea Deals
In many cases, a plea bargain is the best option for everyone involved. This is true ... if you admit some level of wrongdoing but want to avoid the worst possible penalties. Often, especially if this is your first offense, you can avoid prison time with a plea agreement --- you can even (maybe) keep this off of your record all together. The terms of the agreement will be based on a variety of factors including the facts of your case, the prosecutor working on it, and your prior record.
The best criminal defense strategy for your case depends on a million different things ... all too often. Working with the Rolloff Law Office, to develop this strategy, begins with a FREE CONSULTATION. Call today to discuss your case.
As as experienced Minnesota Shoplifting Attorney, I get loads and loads of questions, here is one of the ost common:
Mr Rolloff,
I recently received a civil demand letter in the mail from attorney Michael Ira Asen P.C stating I must pay $250 in 30 days.
I
was caught stealing from Walmart. It was my first time ever stealing
and it won't happen again. (The police were called and I was also given a citation.) I was also told I had to stay away from the sore for a year.
What if I am unable to pay the fine in time? Do I even have to pay it at all since there were no police involved?
Caught
The Truth
Retailers are allowed by
statute to make the demand. It is not a scam (as often suggested) but a
legitimate demand allowed by law. That being said, there is procedure to this ... and if you really want to part with you money, pay it. If not, you (or an experienced Minnesota Criminal Defense Attorney) can respond to these demands ... and, if my experience is any indication, you WILL NOT have to pay anything. Additionally, paying this demand WILL NOT have any impact on the citation you received. You will still have to go to court to answer for this allegation.
Sure, there is more I can say, so ... if you have any questions/concerns, please fee free to contact the Rolloff Law Office for FREE ANSWERS. Call Today: (612) 234-1165
If there is one thing I know, personally, is that everyone makes mistakes—especially young ones.
One thing to be careful about: children and teenagers involved in criminal activity are prone to long-lasting penalties that could impact the rest of their lives. As and experienced Minnesota Juvenile Criminal Defense Attorney, I can help provide the support - legal and otherwise to your child and your family - and make sure the potential penalties don’t damage the future.
What to Expect
Minnesota law defines a "juvenile" as a person between the ages of 10 and 17. When a juvenile commits a crime, the laws, procedures and the consequences are different than they are for adult criminals. For example, juveniles are not entitled to a jury trial or bail release.
Some of the most common juvenile crimes in Minnesota are:
- Alcohol Violations Involving Minors
- Drunk driving - "Not a Drop"
- Speeding, careless/reckless driving, and texting while driving
- Shoplifting/theft
- Employee theft
- Drug possession
- Obstruction of justice
- Disorderly conduct
Juvenile crimes can range from misdemeanors to felonies --- depending on the circumstances surrounding the crimes. In the most serious cases, the juvenile offender can be charged and punished as an adult and even sent to prison.
Many children don’t deserve harsh sentences because they are often unaware of the consequences of their actions. Common punishments for juvenile offenders include counseling and detention in a youth facility or juvenile hall. Having a criminal attorney to fight against the prosecution and keep the charges to a minimum is a must.
How to "Win" the Case
The offender’s age, criminal history, and the circumstances surrounding the crime determine a consequence. However, unlike criminal court, the intention is more focused on rehabilitation. Therefore, if we work together ... getting "help" before the judge makes his order, we can work to keep the ultimate consequences to a minimum ... keeping the individual's future path free of the "clutter" these wrong-doings could cause.
A Minnesota Juvenile Defense Attorney can ensure that a juvenile’s rights are not violated, and that they receive the support they need to grow. Call the Rolloff Law Office today, to set up a FREE CONSULTATION: (612) 234-1165.
So ... your case has been resolved .... and, as part of the settlement, you've been placed on probation. Things were going good ... and then you slipped --- whether it was a bad UA or maybe a new criminal charge ... now you're facing a probation violation. Now what?
Believe it or not Minnesota has some fairly generous sentencing conditions and first (heck, even second) time probation offenders can often have most or all of their jail time suspended - without going to prison - under certain conditions. Yes, Virginia --- there are 2nd and 3rd chances ... but, you have to earn the, This is where and experienced Minnesota Criminal Defense Attorney can be a good resource.
What Should You Do?
Probation violations can come into being fast (and easily.) So, if there is talk - from your agent - that a violation is coming, you should be prepared to act as jail can happen. If you’re on probation, here are some very concrete steps you can take to avoid probation violations, or empower an attorney to beat a probation violation if one is filed. These steps can mean the difference between freedom and jail.
1. Maintain Your Own Record
One of the biggest problems Minnesota Criminal Defense Lawyers face when helping someone with a probation violation is a lack of memory and the absence of a timeline. So ... you are best served by keeping track of every call, letter and contact you have with your agent. One thing you might want to consider ... get your agent's email address and communicate that way. Then, keep those emails.
2. Don't Disappear
The easiest way to avoid problems - aside from following the court's orders to a "T" is to (especially is there is an "issue") keep in contact with your agent.Believe it or not, the biggest problem have while on probation ... it is not the occasional "slip," instead ... it is failing to communicate with your minder. DO that ... and HUGE problems can be avoided. TIP: The probation officer has no obligation to track you down. You should immediately inform your probation officer IN WRITING of your new address or phone number.
If you have not heard from your probation officer in a while, don’t assume everything is fine. Be proactive. Contact them out of the blue at least once a month if you haven’t heard from them and ask whether there is anything they need from you. Write it down that you contacted them, and what their response is if any. No news is not always good news. If they can’t find you, they can violate your probation for lack of contact.
Do not miss meetings with your probation officer. You should make meetings with your probation officer an absolute priority, as much as getting to work on time or picking you kids up from school. Missed meetings can result in a violation. If you’re in jail, you can’t work, and you can’t parent. Put your meeting dates into your calendar on your phone and set alarms on it days in advance. Alternatively, write them down on your wall calendar or in a day planner.
3. Know Your Drugs.
Many medications can result in dirty UAs ... so, especially if this is the result of a valid prescribed drug that you are on ... more than you word, your agent is going to want to see proof. Tip: Keep information about your medications.
4. Save a Lawyer's Number on Your Phone
You are not required to admit to your agent that you may have violated your probation. If you even think you’re going to face a violation, call an experienced lawyer before it’s even filed or brought up at a meeting --- and let that person do the talking for you. A good lawyer should be able to give at least preliminary advice for free, but you should be prepared and save money up for the possible need to hire one if you face a probation violation.
Don’t take too many chances, this is your liberty I'm talking about. If you have any questions, please feel free to call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165
DOMESTIC ASSAULT is a crime in the State of Minnesota and it can be charged out as a Misdemeanor, Gross Misdemeanor or Felony. Additionally, the charge and/or a conviction can have lasting negative consequences to a defendant and his or her family. This is why you should get answers from an experienced, Minnesota Criminal Defense Attorney --- before things turn into an even bigger mess.
What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction?
1. Domestic Assault No Contact Order (DANCO)
Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is very common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the case has been resolved.)
Often the issuance of a DANCO order creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.
2. Anger and Chemical Use Assessments
Most judges will order an individual convicted of Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well. After the assessment process is complete, the Judge (or probation) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.
3. Harm to Employment/Employment Prospects
Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.
Why you should contact Richfield Domestic Assault Attorney Jay Rolloff?
Jay Rolloff is a Minnesota criminal defense attorney with experience both prosecuting and defending people charged with Domestic Assault. To find out how to resolve your case in the most favorable way possible for you, contact The Rolloff Law Office for A FREE CONSULTATION on your Richfield Domestic Assault case. Call: (612) 234-1165.
