Disorderly Conduct/Obstruction of Justice (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions. Recently I have been asked about Disorderly Conduct and Obstructing Legal Process.  If what I have posed below does not help, please feel free to Call the Rolloff Law Office to set up a Free Consultation,

Disorderly Conduct is charged when a person does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

• (1) engages in brawling or fighting; or
• (2) disturbs an assembly or meeting, not unlawful in its character; or
• (3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

See Minn. Stat. § 609.72

Obstruction of Legal Process is charged when a person intentionally does any of the following:

• (1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;
• (2) obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties;
• (3) interferes with or obstructs a firefighter while the firefighter is engaged in the performance of official duties;
• (4) interferes with or obstructs a member of an ambulance service personnel crew, as defined in section 144E.001, subdivision 3a, who is providing, or attempting to provide emergency care; or
• (5) by force or threat of force endeavors to obstruct any employee of the Department of Revenue while the employee is lawfully engaged in the performance of official duties for the purpose of deterring or interfering with the performance of those duties.

See Minn. Stat. § 609.50

The Rolloff Law Office can help you address all manner of criminal charges.  Call today for FREE ANSWERS: (612) 234-1165

The Difference Between Shoplifting & Theft

If you have been accused of Theft --- you might want to consider contacting an experienced Minnesota Criminal Defense Attorney.  

What is Theft?

Minnesota Law defines Theft as the intentional taking of property that is not yours. This can be a temporary or permanent taken, but as long as someone takes it without permission, a Theft has been committed. 

Common types of theft include shoplifting, swindling (or tricking) someone into providing services without paying for them, writing a bad check (or a check without enough money in the bank,) using a vehicle without permission, forging a check, or wrongfully obtaining public assistance (welfare fraud).  

Consequences

The penalties for Theft offenses in Minnesota vary depending on the specific type of theft charge.  Thefts involving money or goods in value up to $500 are Misdemeanors --- punishable by up to 90 days in jail and a $1,000 fine. Thefts involving money or property of up to $1,000 are Gross Gisdemeanors punishable by up to 1 year in jail and a $3,000 fine. Thefts involving money or property over $1,000 are felonies punishable by at least 1 year in prison or more.  

What Should You Do?

The Rolloff Law Office has recently represented a number of clients accused of Shoplifting/Theft --- some cases involved  switching price tags, walking out of the store with paying for an item,eating food in a store without paying for it, or return fraud.  This is an extremely common crime in Minnesota.  Stores, especially large retail chains, use a vast array of methods to combat this, using cameras, undercover store security, magnetic sensors, and electronic article surveillance. 

If you need help (or more information,) feel free to contact us today for a FREE CONSULTATION: (612) 234-1165.

City of St. Paul Prostitution Arrests

If you are charged with solicitation of a prostitute ... not only is it a humiliating experience - one that can be devastating to your reputation and family relationships ... it can also lead to large fines and possible jail consequences.   

While the penalty for soliciting prostitution in MN can vary greatly depending on the circumstances, even simple solicitation charges deserve the attention of an experienced Minnesota Criminal Defense Lawyer.  


Prostitution and Minnesota's Laws

Under typical most circumstances, the criminal penalties for solicitation and prostitution are not as severe as other sex crimes - ie., rape/molestation. 

Most often, a first-time solicitation is treated as a a misdemeanor carrying a maximum jail sentence of 90 days and a fine of $1000. (There are also mandatory minimum fines - ranging from $500 and $1500.)  Subsequent charges can be deemed a gross misdemeanor and lead to up to a year in jail and a $3000 fine.  These are the typical sentences.  

That being said ... most resolutions of these cases are not TYPICAL.  Because for some people ...  there are consequences that can be felt outside for court.  As an example, if you are here on non-immigrant visas such as an H1-B work visa, or are here illegally, the consequences of a criminal conviction you might risk the revocation of your visa and possible deportation. 

With so much on the line, it is important to contact an attorney immediately to defend you.

What is There to Fight?

Prostitution arrests frequently involve undercover operations - ie., "stings.".  To me, this raises certain issues that an attorney for solicitation of a prostitute is best equipped to address. If we can convince a judge to find that the police violated your constitutional rights in the process of an investigation, a dismissal of the charges might be warranted.
 

The Rolloff Law Office can help you  effectively defend your case. Call today to set-up a FREE CONSULTATION: (612) 234-1165.

Minnesota BWI Charges (Explained)

Minnesota law makers have enacted statutes, in recent years, extending the DWI laws to the waterways. Now, if an individual is stopped on a lake or river and suspected of operating a boat in an improper manner, the law enforcement may determine that they have probable cause to believe the person is under the influence of alcohol or controlled substances, then the police can request that the driver of the boat submit to a blood, breath or urine test, as they would in a drunk driving case involving a motor vehicle.  If you have been arrested for bloating while intoxicated, you should seek out the counsel of a Minnesota Criminal Defense Attorney.  

The basis elements that the State must prove to convict someone of boating while intoxicated or BWI:

• Operation of a boat; and
• Having a blood-alcohol content as measured within two hours of operating the boat of .08 or higher; and/or 
• Being under the influence of drugs or alcohol.  

The same general procedures are that are required to followed as when a DWI arrest is made on the roadways.  

Criminal Consequences

Penalties for BWI are similar to those for operating a car while intoxicated, and the prior offenses for boating and for operating a motor vehicle while intoxicated are aggregated together in order to determine how many prior alcohol related offenses the person has. 

BWIs, like DWIs, are enhanceable offenses which means that each offense is treated more seriously than the previous one. There is no mandatory penalty for a typical first time DWI or BWI, unless there are aggravating factors, such as: a prior offenses, children present, etc.  

Differences From Minnesota DWIs

There is some good news regarding boating DWIs as follows:

In Minnesota, open container laws (ie., open bottles) do not apply to boats. Passengers and boat operators can have an open containers containing alcohol. However, boat operators must operate their boats safely and not in a careless manner, or they risk being stopped and cited.
  

Don't Wait. Call For Experienced BWI Defense

If you have been cited for a BWI, call and experienced Minnesota BWI Attorney.  The Rolloff Law Office can assist you.  Call today for a free initial consultation: (612) 234-1165.  

Hennepin County DWIs (Explained)

If you or someone you know has been arrested for DWI or drunk driving, here are a few initial things to know:

1. Consider Contacting a Minnesota DWI Attorney 

When ever your facing a situation unknown to you, it is a good practice to bring yourself up to speed --- to get information --- before you make a decision which will (likely) have longstanding ramifications.  An experienced Minnesota Criminal Defense Attorney can ensure that your arrest is handled properly and that you receive the best result under the circumstances - including a dismissal.  If you are unsure about the process, an experienced drunk driving lawyer can help you understand the process and make you aware of your options.

2. Consider Challenging the License Revocation

As part of most Minnesota DWI arrests, the accused may have their driver’s license revoked, their license plates impounded, and/or their vehicle forfeited. If you want to challenge these things, you need to file, in a timely manner, paperwork with the court.  In addition, the time to file these challenges is limited to between 30 and 60 days. If this seems like something you might need help with --- consider contacting a lawyer.  

3. Be Proactive

Most DWI convictions will include - as part of the criminal sentence - certain obligations, including: a chemical dependency evaluation and attmedence at a MADD Victim Impact Panel.  If you do those things before the judge orders you to do that ... you maybe able to earn a better outcome for your case by a more open minded DA and judge who'll see that you are "working on the problem."

If you are facing a Minnesota DWI, DUI, or drunk driving charge, call The Rolloff Law Office for a free consultation at (612) 234-1165.

Scott County Domestic Assault Attorney

Have you or someone you love been accused of domestic violence?  All too often this means that they have have been accused of causing a family or household member bodily harm. If this is the case - understand that: There are very serious consequences that one could experience if he/she is found guilty --- including: jail time, fines, and a criminal record that follows you for the rest of your life.

If you have been accused of domestic assault, it is important to work with a Scott County Criminal Defense Attorney who puts your best interests first. 

WHY HIRE A LAWYER?

Unfortunately, there are times when domestic assault allegations arise out of other conflicts. Perhaps there is a divorce going on or there is a child custody battle. It is unfortunate that there are such cases, which makes it even more important to defend yourself against the charges.

If convicted, the conviction will most likely negatively impact any battle for child custody and could have an influence on the divorce. If convicted of domestic assault, you could also be subject to an order for protection, which could affect your ability to see any children you may have or how you see them.

Violating an order for protection is an offense in itself. If it is violated, you could be looking at time in jail.

Other consequences of a domestic assault conviction include anger management courses, counseling, and probation. Avoiding as many of the consequences as possible is why you need a Minnesota Criminal Defense Lawyer by your side every step of the way. 

Even if there is some merit to the charges, you can still have a much better future than you would have if you didn’t effectively defend yourself. Sometimes charges can be inflated and that means paying penalties that are harsher than what you should have to pay. By using the facts in your case, a fair outcome can be had.

WHAT NOW?

Domestic assault is aggressively pursued and prosecuted in Minnesota because of what can potentially result if legitimate cases are allowed to continue. 

If you have been accused of domestic assault, whether the charge is legitimate or not, you need the experience of a qualified criminal defense attorney to protect your interests. To learn more, call the Rolloff Law Office at (612) 234-1165.

Keeping Your Traffic Record Clean (Explained)

A clean Driver's Record is a valuable thing.  At a minimum, It can make the difference between police officer discretion breaking your way, or against you.  It can also save you money when it comes to motor vehicle insurance.  How can you keep your record clean?  Talk to an experienced Minnesota Criminal Defense Attorney.

Solutions

In the State of Minnesota, there are many ways to keep a citation off of your driving reocrd.  Here are just a few.

Continuance for Dismissal.  The prosecutor can agree to continue the a ticket (like speeding, running a stop sign, etc.) for some period of time (like 12 months) on various terms and conditions.  Under this kind of agreement, at the end of the predetermined period, if all conditions have been met, the charge is dismissed by the court as agreed.  Here, no guilty plea is offered, no adjudication is made.  So, nothing is certified by court administration to the Minnesota Department of Public Safety.  In general, these conditions include: payment of prosecution and court costs (instead of a fine), and no same or similar violations.  There are many local variations on the term used for this outcome, like: Agreement to Suspend Prosecution, Deferred Prosecution, Continuance Without a Plea.

Local or City Ordinance violation citation, instead of state statute.  Police officers have discretion to cite drivers with a violation of a local or city Ordinance instead of a Minnesota State Statute.  If they do, you should be able to pay the fine, and still benefit from it not going on your State of Minnesota Drivers License Record.  This is nice, but usually this is something the police officer can, in his or her discretion, decide to do for you.  It's unusual for prosecutors to do this, though it is no impossible.  

Stay of Adjudication.  Though less desirable than any of the above, a stay of adjudication will prevent the Court Administrator from certifying the traffic violation to the Minnesota Department of Public Safety, which means it won't go on the Minnesota Drivers License Record.  A stay of adjudication involves either a guilty plea, or a finding of guilty after a trial, but the judge staying (delaying) adjudication of guilt upon conditions, for some period of time.  If the person does not violate a condition, it never become an adjudicated violation or conviction, and so never gets on the DL record.  Typical conditions include payment of money to the court, and no same or similar violations.  In criminal cases, a judge will be reluctant to give a stay of adjudication without prosecutor approval (or finding an abuse of prosecutor discretion) but in petty misdemeanor traffic cases this may not apply.

You are going to get one chance to get this right.  If you have any questions, feel free to call the Rolloff Law Office.  I'm a former prosecutor - I know how to help you with these sorts of matters. Call today: (612) 234-1165 

MN Defense Attorney - FREE ADVICE

As a Minnesota Criminal Defense Attorney I get a lot of questions ... here are some of them and some answers you might want to consider.

Do I really need an attorney?

In most cases the answer is “yes”.  A Minnesota Criminal Defense Attorney can assist in gathering all the relevant information and witnesses, analyze the police reports for constitutional violations, and help you navigate through the procedures for hearings and a trial.

Should I give a statement to the police?

Everyone wants to be able to tell their side of the story... however, there is a time and a place for that (all too often) - at a trial.  Although the police may act sympathetic, they are not on your side and any statement you give can be used against you later.  Until that point, only tell your side of the story to your attorney.

What is the difference between petty misdemeanors, misdemeanors, gross misdemeanors, and felonies?

A Petty Misdemeanor is generally a traffic offense such as speeding and carries a maximum fine of $300 with no possibility of jail.

A Misdemeanor carries a maximum possible sentence of 90 days in jail, $1000 fine, or both.  Charges such as theft, Disorderly Conduct, and first-time DWI offenses are misdemeanors.  Jail time is rarely imposed for misdemeanor offenses, but it depends on the facts of the case and the criminal history of the defendant.

A Gross Misdemeanor carries a maximum possible sentence of 1 year in jail, $3000 fine, or both.  Charges such as Driving After Cancellation, theft of over $500, and second or third-time DWI offenses are gross misdemeanors.  Jail time is commonly imposed for gross misdemeanors and is required by statute in the case of DWI gross misdemeanors.

Felony sentences are prescribed by statute but carry at least 1 year and 1 day of prison time.  Charges such as controlled substance crimes, burglary, and fourth-time DWI offenses are felonies.  Some amount of jail time is almost always imposed for felonies. 

What if I am charged with a felony?

Felony charges are the most serious crimes in Minnesota and carry the largest penalties including a potential prison sentence.  These cases are rarely as simple as they may look and an attorney’s assistance is crucial. A felony sentence will also generally carry with it years of probation, intensive supervision requirements as part of that probation, and a requirement that you provide a DNA sample to the State. 

The officer never read me my Miranda Rights, am I off the hook?

Probably not, despite the widespread use of the Miranda warnings in pop culture, it is only required in a narrow set of circumstances.  If the police want to interrogate you while you are in custody, they must read you the Miranda warnings.  That statement is far more legally complicated than it looks – get an attorney to advise you whether a Miranda violation has occurred.

Do to the all too high costs of hiring a lawyer ... a lot of people will ask me --- Shouldn't I just try to handle this case myself?

Probably not --- and I am not saying this because I am a lawyer   Consider that, in the courtroom the judge is not on your side and cannot advise you how to proceed with your case.  The prosecutor is not on your side, in fact, he or she gets paid to convict you.  Therefore, you need someone on your side who can offer informed advice about how to proceed in your case.  Surely you would seek the expert help of a doctor when you are sick.  A criminal charge is no different – get an expert on your side.

Need more answers - call The Rolloff Law Office: (612) 234-1165

Minnesota DWIs (Explained)

A DWI or DUI is, for many people, their first and only encounter with the criminal justice system. Believe it --- even for a first offense - the stakes are high in every drunk driving case, and it's not just because of the threat of jail time or harsh fines. In the State of Minnesota, your driver's license will likely be revoked after a DWI arrest, severely limiting your mobility. This can spill over into every aspect of your life, from employment to relationships with friends and family. Under certain circumstances, the state may even take your vehicle. An experienced Minnesota DWI Attorney can provide you with aggressive representation.  Believe it or not, I get lots of questions about Drunk Driving consequences --- here are some insights.  

Driver's License Revocation

If you have been arrested for a DWI --- you have to act fast.  You only have 30 days from the Notice of Revocation to challenge the loss of your driver's license. This is called an Implied Consent Hearing and is a separate case from your criminal DWI case. If this is your first DWI, your driver's license is suspended for up to 90 days if your test result was between .08 and .15. If this is your first DWI and the test result was greater than .16, or you refused the blood, breath or urine test, your license will be suspended for 1 year. If you have a prior DWI within 10 years, or there are other aggravating factors, your driver's license may be suspended even longer. Depending on the circumstances, you may be eligible for a limited driver's license (work permit) or full driving privileges with the Ignition Interlock. 

Penalties
If this is your first DWI and the test result was greater than .08 and lower than .20, it is usually charged as a misdemeanor. This is a crime punishable by up to 90 days in jail and a $1,000 fine. A gross misdemeanor would be charged if this is your second offense within 10 years and is punishable by up to one year in jail and a $3,000 fine. The minimum sentence under the law for this case is 30 days in jail. A gross misdemeanor can also be charged if your test result was greater than .20 or if you refused the test. If this is your third offense within 10 years, although this is still a gross misdemeanor, it has a minimum sentence of at least 90 days in jail. A fourth offense in 10 years is a felony and has a maximum penalty of seven years and a $14,000 fine with a minimum sentence of 180 days.

Whether this is your first DWI charge or you have received a prior conviction, it is extremely important to contact an experienced qualified Minnesota Criminal Defense Attorney as soon as possible. You should also know that a DWI is an enhanceable offense, meaning that the penalties increase exponentially for subsequent arrests of a same or similar nature.

The penalties are harsh enough after a first offense, but if you have a prior DWI or DUI conviction within 10 years, you could be facing a mandatory jail sentence. At the Rolloff Law Office, we treat every case as if our clients' lives depend on it. Contact a qualified DUI attorney for a free consultation. We will give you an honest and realistic assessment of your case and help you decide how to proceed.

We provide aggressive representation for the following DUI and DWI defense issues:

Felony DUI/DWI
Aggravated DWI/DUI
Vehicle forfeiture
Snowmobiling while intoxicated
Boating under the influence
Implied consent hearing (license revocation)

And, I offer free Consultations.  Call today: (612) 234-1165.  

Minnesota Traffic Stops - (Explained)

Late last year, MPR reported that Minnesota Lynx player Seimone Augustus was stopped for having an air freshener hanging from her rear-view mirror.

Now, technically, this is against the law. And as a result, the police can conduct a stop for any violation of the traffic laws, "however insignificant."State v. George, 557 N.W.2d 575, 578 (Minn. 1997).

As a practical matter, the police often use minor technical violations as a reason to stop a person in the hopes of getting information or evidence relating to a more serious matter.

As a Minnesota Criminal Defense Attorney, I can tell you that tiny infractions like this turn out to be BIG problems.  Here are some (IMHO) helpful suggestions if you're stopped by law enforcement:

1. Be polite and respectful;
2. Do provide your identification and proof of insurance, if asked; and
3. Understand that you do not have to answer incriminating questions or make statements admitting that you broke the law.

If you have been stopped and issued a citation or charged with a crime, please contact the Rolloff Law Office so we can discuss how we can help.  Call today: (612) 234-1165.