Minnesota Domestic Assault Attorney

An investigation (and allegations) of domestic assault within the home may often lead to a criminal charge.  If you have been cited for as much, it is important to get information from an experienced Minnesota Criminal Defense Attorney.

Domestic Assault

In addition to criminal charges, a crime related to domestic violence could also result in the issuance of a civil restraining order. 

The law setting forth what constitutes the Crime of Domestic Assault --- explains that one has committed a misdemeanor if his or her intended action is to create fear of imminent physical harm or death in a family member.

Family Member 

According to the law a family or household members can include the following:

• Spouses and ex-spouses of the defendant
• Children and parents of the defendant
• Any person related by blood, such as siblings
• House-mates or past house-mates
• Co-parent to a child of defendant
• Pregnant woman if defendant is the alleged father

Also --- when someone is sexually involved with another ... that person is also considered covered family member for the purposes of domestic assault crimes.

It is also a violation if he or she purposely does exact or does attempt to exact bodily harm on someone in the family.
 

If you are looking for help --- please feel free to contact the Rolloff Law Office to get Free Answers: (612) 234-1165

Minnesota School Bus Stop-Arm Violation

In 2017, the State of Minnesota upped the penalty for failing to stop for a school bus  --- a violation of Minn. Stat. 169.444. Specifically, the law requires that drivers in both directions stop --- when they see a school bus with its red lights flashing and its stop arm extended. The fine for failing to stop increased this summer from $300 to $500.  Most importantly --- school bus drivers can (and do) report these violations directly to law enforcement and the registered owner of the violator vehicle can receive a ticket in the mail – even if they were not driving the vehicle at the time of the offense.  If you have questions about a ticket you or someone you love has received for this offense, contact an experienced Minnesota Traffic Defense Lawyer. 

What Should You Do? 

Due to the presence of children surrounding a school, it is easy to understand why this law exists and why it is considered such a serious crime. With that being said, the penalties involved can be quite steep --- including the possibility that one's license could be revoked.  

The Law

There are two types of driving conduct that can be cited. First, when a school bus is stopped and is displaying an “extended stop-signal arm and flashing red lights,” every driver must stop their vehicle at least 20-feet away from the school bus. Second, no driver may pass a school bus on the right-hand, passenger-door side “when the school bus is displaying the pre-warning flashing amber signals.”

Violating either or both of these two laws is a crime,   simple violation of the above is a misdemeanor crime, leading to maximum criminal penalties of 90 days in jail and a $1,000 fine. But, under certain circumstances, it may be a gross misdemeanor crime, which results in a maximum sentence of a year in jail and/or a $3,000 fine. Such as --- if you pass the bus when a child is outside the bus, it is a gross misdemeanor offense. 

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney to set up a FREE – no obligation – consultation.  You can reach me at (612) 234-1165 or jay@rollofflaw.com. 

Minnesota - Avoid Going to Court!

A comment that I have heard many Minnesota Criminal Defense Attorneys make goes something like this:

 “This would be a great business if it weren't for the clients.”

Now ... while that sounds a little (?) condescending ... I can tell you this --- often, my clients have said the same thing about court - ie., is there any way my case (which requires somone go to court) can be resolved with me ever having to have to go?  The answer is: Yes!

What?

If you have hired a Minnesota Criminal Defense Lawyer there are some MANY cases where you can avoid going to court --- and you can make him/her do all of the work.  

The TRUTH:  In almost all misdemeanors, you can avoid going to the first appearance if you sign a waiver for your lawyer.  Frankly, most of these hearings result in simply getting a new court date. 

It is the practice of The Rolloff Law Office to almost always has you waive your first appearance in misdemeanor cases, we want you to appear at all other court appearances because we need to be able to discuss potential resolutions or setting the case for trial.

If you have been charged with a Gross Misdemeanor or a Felony --- things do become a tad more complicated. 

If you have questions about your obligation ... and/or you don't really feel like going to court - if at all possible - feel free to contact  your attorney whether you can waive your appearance in court. Never go to court and still get the right result.  Interested?  Call The Rolloff Law Office today: (612) 234-1165 

Do I Need to Hire a Lawyer (Explained)

As an experienced Minnesota Criminal Defense Attorney I answer a lot of questions --- here are a number of common ones: 

The police asked me if I would answer a few of their questions, should I talk to them?

Noooooooooooooo.  in my experience --- I understand that individuals have a desire to seem cooperative and/or question what could happen if they don't "help" the police.  In my experience ---  even if the cops are being courteous and respectful, IMHO - it is smart to remain silent until you have a lawyer present.  The most important thing to remember is that you DO NOT have to answer ANY questions and if you do, you should know that everything you say WILL be used against you in the future.  Therefore, politely decline to answer any questions of law enforcement until you have consulted with a criminal defense attorney.

Do I need an attorney if I’m planning to plead guilty?

Yes.  Remember --- you are only going to get one chane to get your case right.  therefore, it is in your best interest to consult with an experienced Minnesota Criminal Defense Lawyer before making any decisions concerning pleading to any criminal charge.  Contrary to what you may perceive, pleading guilty may not be your best option.  Even if it is, having an attorney to advocate for your rights when negotiating with the prosecution on a fair sentence can increase your chances for a lesser charge and a lighter punishment.


  

Why should I you to defend me?

I have over a dozen years of experience in criminal court - whether as a prosecutor or defending those accused of DWI, Theft, Assault, Domestic Assault, Drug possession charges, Fraud, Criminal Sexual Conduct charges and a variety of criminal charges.   I have aggressively and successfully worked with thousands of people facing charges of everything from petty traffic offenses to serious Felony charges.  If you want FREE ANSWERS - call today: (612) 234-1165.

MN Mandatory DWI Sentences (Explained)

 
Minnesota's DWI Laws are some of the toughest in the nation.  And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.   

BTW, this dog was NOT arrested for a DWI.  But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.

Mandatory MN DWI Sentences

If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.

One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail.  It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM). 

Here are the "mandatory" sentences the courts are require to impose for repeat offenders:

Second Offense In a Ten Year Period:  A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.  

Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.

Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.  

 
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions.  Call today to set up your fee consultation: (612) 234-1165

Should I Hire a Minnesota Criminal Defense Attorney?

 

Let's hope you never need to ask yourself this questions: Do I Need to Hire an Experienced Minnesota Criminal Defense Attorney?  If you are pondering as much, maybe you should read this. 


Question #1

I have been arrested for a crime, should I go ahead and plead guilty to get it over with?

Answer: Being charged with a crime is serious and should be addressed as such.  One suggestions: do not plead guilty in an effort to just "get it over with." This strategy can lead to more severe consequences - in the short & long terms - than you'd often get. Even if you ultimately do want to resolve your case by entering a plea --- it is important that a lawyer is there to tell you if your punishment is fair. Also, depending on the type of crime you have been accused of, substantial jail time could be a penalty, as well as huge fines, asset forfeiture, and lifelong consequences. Pleading guilty without knowing all of this could leave you in a position that you had never thought possible.

Questions #2

Why should I hire a Minnesota criminal defense lawyer?

Answer. If you have been accused of a crime, the government has virtually unlimited resources to prosecute you. Whether that is a team of lawyers, scientists, law enforcement officers, crime scene technicians --- they will all be out to hold you accountable.  When you hire a skilled Minnesota Criminal Defense Lawyer, you are presented with the opportunity to fight any/every allegation against you. A skilled attorney can help guide you through what can be a complex and confusing legal system. 

Question #3

When should I hire a lawyer?

Answer. Time is of the essence.  It is important that you hire a lawyer as soon as possible. The moment you are arrested or caught up in an investigation, you need to make the call.  Whether it is three in the morning (or afternoon,) make sure to call an experienced attorney as soon as possible.

Question #4

Do you guarantee the outcome of my case?

Answer. Unfortunately, it is impossible to ensure results. As a matter of fact, it is against the rules for any attorney to guarantee the outcome. However, as a former prosecutor, I can promise that by hiring the Rolloff Law Office, you will get somoen to fight for you ... who will put in the work necessary to gain you the right result. 

Question #5
 
What does a criminal defense lawyer do for me?

Answer. There are several things that your lawyer can do for you:

• Provide representation while your case is being; investigated --- to maybe prevent criminal charges
• Challenge the evidence at a Pre-trial;
• Formulate a defense that could result in the charges being reduced or being completely dismissed; and
• Negotiate with the DA to work out the best possible outcome

Minnesota Disorderly Conduct (Explained)

Facing disorderly conduct charges? You may want to consider employing the services an experienced Minnesota Criminal Defense Attorney to help. 


What is Disorderly Conduct?

Disorderly conduct charges can encompass a variety of crimes from yelling to fighting. Specifically disorderly conduct includes:

• Engaging in brawling or fighting
• Disturbing an assembly or meeting
• Engaging 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.

What are the Penalities?

A typical, disorderly conduct charge is deemed a misdemeanor --- punishable by up to 90 days in jail and/or a $1,000 fine. 

If the person is a caregiver and commits disorderly conduct against a vulnerable adult, that individual could be charged with a gross misdemeanor, punishable by up to one ear in jail and / or a $3,000 fine. 

If you have questions or want to with a former prosecutor to help you with your case, contact the Rolloff Law Office and set up a FREE CONSULTATION: (612) 234-1165

Hiring a Minnesota Criminal Defense Attorney - Part II (Explained)

If you believe you need an experienced Minnesota Criminal Defense Attorney to help you or your loved one, be smart about your decision. After reading this ... you may also want to consider the following:

Trust Your Gut

If you aren't comfortable with the Minnesota Criminal Defense Lawyer that you've consulted with try a different office. Believe it or not: you do not have any obligation to hire a lawyer merely because you met with him or her. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of the situation or the complexity of a case ... in order to entice someone into paying a huge fee, and then blame the judge or prosecutor when the promises they made don't come true.

Pay Lawyer or Public Defender?

People who are charged with serious, felony offenses, and many individuals who are charged with certain misdemeanors, may be eligible for a free lawyer - ie.,, the public defender.  This is based on an assessment of the defendant's resources to determine if the he/she will qualify for an appointment of a free lawyer. 

Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer --- this isn't always true.  Sure, some public defenders will prove to be insufficiently skilled or dedicated to their work to provide an effective defense --- but, you could find some private attorneys who are equally flawed.

One main difference ... "customer-service."  A private attorney is likely to have more time to involve themselves in your case --- able to answer your questions at any time/anywhere.

If you can hire an effective Minnesota Criminal Defense Lawyer you should not hesitate to do so. Not all lawyers are the same ... and prices vary widely.  Call the Rolloff Law Office to see if we might be able to help you: (612) 234-1165. 

Minnesota Juvenile Offenses (Explained)

The juvenile justice system in the State of Minnesota is structured differently than that for adults; therefore, it is important you work with an expericed juvenile criminal defense attorney.  

Differences Between Juvinele & Adult Court
 
Rather than being arrested, charged and found guilty of a crime, a juvenile offender is apprehended, petitioned and found to have committed an offense. Further, the juvenile is not sentenced to prison but is given a disposition to be placed in a correctional facility.

A juvenile between the ages of 10 and 17 who is suspected of committing a crime will be treated much differently than a juvenile under the age of 10. When police apprehend a child under the age of 10, the case is considered social services-related. Age is also an important consideration when the juvenile is between 14 and 17. If a felony offense is committed during these years, a juvenile may be tried and sentenced as an adult.

In the majority of juvenile cases, law enforcement officials refer the matter to a probation officer, and an arraignment is scheduled if there is sufficient evidence to make a conviction. The youth then either pleads guilty and receives their disposition or pleads innocent and returns to court for a bench trial. At the bench trial, the judge will either find the juvenile to be delinquent and schedule a disposition hearing or dismiss the case.
 

A juvenile who has been apprehended by police may not have any prior experience with the juvenile justice system. An experienced juvenile criminal defense attorney might be able to help advocate for the youth throughout the entire process with the goal of either having the case completely dismissed or arguing for a disposition that does not include time in a juvenile detention center. Call the Rolloff Law Office to talk about your juvenile's charges: (612) 234-1165

Criminal Vehicular Operation (Minnesota)

  

What might have begun as a fun night out celebrating the holidays could turn into a nightmare if you injure someone while driving while under the influence (of drugs or alcohol) or are otherwise accused of being negligent while driving.

While vehicular deaths and/or manslaughter might seem like low-level offenses ... becasue of their "accidental" nature, the courts see it differently ... this is why you should consult with an experienced Minnesota Criminal Defense Attorney.  

See, the state sentencing guidelines for vehicular homicide and vehicular manslaughter include a possible prison sentence of up to seven-years as well as huge fines and lengthy license revocations. You might also be subject to life-long employment and insurance problems can also result.

What is Criminal Vehicular Operation?


Vehicular homicide and vehicular manslaughter most often occur when: 

• drivers have prohibited substances (like drugs - illegal and perscribed) in their blood; or 
• drivers with over-the-limit levels of alcohol in their blood injure or kill people while driving. 

Hit-and-run violations and driving with a revoked license can also increase the level of the violation and possible punishment.  

Considerations

Who Caused Accident: On e effective defense is challenging the assumption that the substance in question actually lead to the personal injury or property damage in question. As an example, if a driver hits a pedestrian --- who suddenly stepped in front of their car --- you should be able to argue that, but-for that negligence, you would have not hit the pedestrian ... regardless of your alleged blood alcohol or drug levels. 

Tests: Another ripe for consideration ... and can lead to a dismissal ... is whether the accused's rights were violated when the sample of their blood, breath or urine was taken.  Or, as you have probably read ... blood, breath and urine tests can be inaccurate. I am familiar with the tests used by the Minnesota Bureau of Criminal Apprehension and can work to discredit the results in your case.
  

If you have been accused of vehicular homicide and vehicular manslaughter, you can fight your charges ... your fate is not set in stone.  The Rolloff Law Office has proven, time and time again, that these matters can be fought - successfully.  We are available all-day, every-day to talk to current and prospective clients. Call us today, for a FREE CONSULTATION, at (612) 234-1165.  

Domestic Assault (Explained)

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong Minnesota Criminal Defense Attorney. 

A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. 

Domestic Violence Accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in the State of Minnesota.  Believe it or not, someone can be charged with domestic abuse under the state’s law if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault; and/or 

Cause someone to fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both parties  participate in escalating the conflict. 

To get to the bottom of messes like this, you need the immediate support of an experienced Minnesota Domestic Assault Attorney. 

At the Rolloff Law Office, we have extensive experience (first as a former prosecutor and now) defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.  Call now: (612) 234-1165

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong defense. A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. I am Minnesota assault lawyer Dennis M. Lothspeich, and I will aggressively defend you. I have more than 25 years of experience as a formidable trial attorney and never hesitate to take my clients' defense into the courtroom.

Helping you understand domestic violence accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in Minnesota. You can be charged with domestic abuse under the state’s Domestic Abuse Act if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault Terroristic threats Criminal sexual conduct

Interference with an emergency call Infliction of fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both people participate in escalating the conflict. You need the immediate support of a diligent Minnesota assault attorney if you are accused of:

Assault with a deadly weapon Spousal abuse Harassment Violating a restraining order

Child abuse Stalking Sexual assault False imprisonment

I have extensive experience defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.

Fighting for your best results

When seeking a Minnesota assault attorney, you want one with a solid criminal defense background. I have the resources and knowledge to achieve positive results even in very complicated cases. I review the facts of your situation, gather evidence and meticulously attack the prosecution’s case against you. My goal is to get your charges reduced or seek an acquittal at trial. I stand by you and do my best to see you through one of the toughest experiences you may have to endure.

Get the defense you need from experienced Crow Wing County trial attorney Dennis M. Lothspeich

If you are facing domestic assault charges, I can help. Call me, attorney Dennis M. Lothspeich, at 218.825.0861 for a free initial consultation, or contact the law office of Dennis M. Lothspeich, P.A. online. I accept collect calls from jails and correctional facilities in Crow Wing and nearby counties and can arrange an immediate visit with you onsite if you are in custody and need assistance. I charge a reasonable flat fee, which is set up front. In some cases, my fee can be comfortably spread out into monthly payments during the duration of your case. My office is conveniently located across from the Crow Wing County Court House. I am happy to schedule an evening or weekend appointment if needed.
- See more at: http://www.brainerddwilawyer.com/firm/assault/#sthash.Mkj9aFt9.dpuf

Minnesota Criminal Defense - Get Free Answers? (Explained)

 

Before you commit to a lawyer ... personally and financially ... you should get information.  As a former prosecutor, and an experienced Minnesota Criminal Defense Attorney, I can give you a road map as to the where, what, who and why of your legal dilemma.  To make you feel comfortable, please understand that your first consultation is FREE. 

If you're considering meeting with an attorney, but you don't know if we can help, or if you can afford our high-quality personal service, contact the Rolloff Law Office now. 
  

We handle most criminal cases on a flat fee basis and accept credit cards. Because each case is different, after reviewing your case we will tell you up front if we can take the case and what it will cost. You then have the option of hiring us to deal with the case-at-hand.

I am straightforward and honest about what I can do to help and what it will cost --- only paying for what you need.  Call today: (612) 234-1165

Why Hire a Criminal Defense Lawyer

If you have been accused or charged with a crime, you must understand that you have the right to an attorney.  At anytime, you can ask for a lawyer ... from the accustaion, to when you're being questioned by the police or any time later in the process ... all the way up until trial. 

If you can't afford an lawyer, you can ask the judge for a court-appointed attorney - a public defender. Otherwise, you'll be expected to pay for the services of a criminal defense lawyer yourself.

How to Choose the Right Criminal Defense Lawyer

To find the right Minnesota Criminal Defense Lawyer - first - look for someone who works your type of case. A lawyer who handles mostly DWI charges, for example, might not be the best person to handle charges of assault or homicide. Another factor to consider is whether the lawyer practices criminal defense in the particular court or county where you'll be tried.
 
Meet With the Lawyer
Often, the best way to get to know someone is to take their measure - face-to-face.  This is the best way to get answers to your questions. If the case is routine, the lawyer may be able to give you an idea of what could happen --- without looking at the police reports and other documents.  However, *** be warned *** no lawyer should try to give you any guarantees about the outcome of the case.

A Criminal Defense Lawyer Can Help

The law surrounding your defense, when accused of a crime, is complicated --- even if you think it isn't. Plus, the facts of each case are unique --- so, what happened to "some guy you know" may not be what happens to you. For more detailed, specific information, please contact a Minnesota Criminal Defense Lawyer.

I'm a former prosecutor ... who has worked thousands of cases.  Any questions ... anytime, please feel free to call or text the Rolloff Law Office: (612) 234-1165.

Scott County DWI Lawyer

If you have been charged with DWI in Scott County, take sometime to look at the following information and do not hesitate to seek immediate assistance from an experienced Minnesota Criminal Defense Attorney.

How intoxicated does someone have to be before they can be convicted of driving under the influence?

In the State of Minnesota, any blood alcohol level ("BAC") of .08 or higher could subject you to conviction. However, your driving skills are affected from the first drink of alcohol 0 ie., "buzzed" driving. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over .08?
Honestly, it is not the number of drinks alone that determines how high your blood alcohol levels are. Rather ... it’s more important to focus on how much total alcohol you have consumed over a certain period of time. 

Do I have to take a blood, breath, or urine test if asked to do so by the police?

The answer is almost always “yes” because refusing to do so could subject you to a more serious charge, that is easier to prove: Refusing to Test.  If you don't agree to take the test when you are stopped, your license may be revoked for at least a year.

I tested under the legal limit and I’m still charged with DWI, is that allowed?

Sadly, the answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if their driving conduct establishes that the he is “under the influence” of alcohol.

Should I hire a Lawyer?

Believe it or not, this is the number one question I get.  To it, I usually say: If you are convicted of Minnesota DWI you could face harsh fines, license revocation penalties, jail time, and more. Because of these consequences, you might be making a big mistake if you took your situation too lightly! Get FREE ANSWERS today from an experienced Minnesota DWI Lawyer (and former prosecutor) Call The Rolloff Law Office at (612) 234-1165.  

Minnesota Traffic Ticket Lawyer - FREE ANSWERS

The average rise in insurance rates for just one speeding ticket over three years is considerable. Other moving violations may have a similar affect on your insurance rates. Also, if the same person were to get another moving violation in a short period of time, that driver will risk losing their license.  This is why you should strongly consider getting professional help, from an experienced Minnesota Criminal Defense Attorney.  

Why Hire a Minneapolis Traffic Ticket Attorney?

• To prevent increased insurance rates
• To avoid a mark on your driving record
• To increase the chance of dismissal or reduction of charges
• To have more leverage during negotiation with the DA
• To reduce fines and costs

Hiring a Minneapolis traffic ticket attorney will give you the best odds of getting your traffic ticket reduced or dismissed. Why? An experienced Minneapolis traffic ticket attorney knows and understands the laws and will help develop your best legal defense. Unlike some claims that you may read on the Internet, there is no shortcut way to beat a traffic ticket.

Fighting a Minneapolis Traffic Ticket

Sure, you can fight your own ticket. Many people do that. Just like many people cut their own hair. Sure, you can get the job done, but the results may not be ideal. So, isn't it worth the expense of hiring an experienced Minneapolis attorney to ensure the best possible outcome for your situation?

 Not only will you save money in the long run on insurance, you will have the piece of mind that comes with having an experienced Minneapolis traffic ticket attorney advocate on your side.

Call Today for a Free Consultation 

If you are facing a Minneapolis traffic ticket that can impact your license and your insurance rates, call the Rolloff Law Office today for a free consultation at 612-234-1165. 

Minnesota Domestic Assault (Explained)

In the State of Minnesota, Domestic Assault can be charged as a Misdemeanor, Gross Misdemeanor or Felony, and can have lasting negative consequences to the accused and his/her family. 
If you, or someone you know is charged with Domestic Assault, you should contact an experienced Minnesota Criminal Defense Lawyer to get answers and help you earn the best possible outcome in your case.

What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction? 

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.

While DANCO orders can be lifted in some circumstances, it is not uncommon for the alleged victim of Felony Domestic Assault to remain at the property (even if they don’t own it) while the defendant in the case is forbidden to return to the property (even if they own it). In these situations, lucky defendants find family and friends to stay with while the Felony Domestic Assault case is pending. Unlucky defendants find themselves incurring expensive hotel or motel bills while the DANCO order is in place.

Anger and Chemical Use Assessments. Most judges will order an individual convicted of Felony 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.

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 Minnesota Domestic Assault Attorney Jay Rolloff?

I'm a former prosecutor with more than a decades experience in prosecuting/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  Domestic Assault case. Call (612) 234-1165.

Minnesota Attorney-Client Privilege (Explained)

Did you know that if something you say can be overheard by anyone other than your lawyer, what you are saying can be used against you in a court of law? Did you know that certain emails are not automatically confidential – even if you’re sending the e-mail to your lawyer? 

The attorney-client privilege is a powerful tool that becomes available to you from the moment you first consult with an experienced Minnesota Criminal Defense Attorney about your case; the privilege becomes more protective and comprehensive as soon as you hire your attorney. 

What is it?

The attorney-client privilege basically states that anything you tell your lawyer in the course of your lawyer’s representation of you is confidential and cannot be revealed by your lawyer to anyone without your consent. 

When Does it Apply?

The attorney-client privilege also applies to all information relating to your representation, whether provided to you attorney by you or by any other source – including the prosecutor. This privilege exists because the law recognizes that trust is a hallmark of the attorney-client relationship and that only through communicating fully and frankly with his or her attorney can an attorney represent his or her client effectively. 

When you are communicating with an attorney about your case, if your conversation can be overheard, it is not confidential. This is why the Rolloff Law Office recommends that you don’t speak to your friends and family about the facts of your case – because you never know who else could hear your conversation, or where that information could end up. This is also why we prefer to speak with you on the phone or in our office: Telephone conversations and in-person office conversations ARE confidential, privileged communications and CANNOT be used against you. 

If you've recently caught a criminal case - call today to set up a FREE CONSULTATION: (612) 619-0262

Minnesota Legal Questions (Answered)

As an experienced Minnesota Criminal Defense Attorney you know I get a lot of questions.  Here are some FREE ANSWERS to some of the most common ones.

What is the cost of criminal defense for my criminal charges?

The Rolloff Law Office's fees are very competitive and we work with you to protect your rights and defend you. This includes investigating the facts, police, and witnesses to determine evidence that will prove your innocence. We charge a flat rate for criminal defense based on the complexity of your case. Our legal fees for criminal defense will cover your attorney's fees all the way throughout discovery, probable cause hearings, pre-trial motions and trial.   

What is the difference between a misdemeanor, petty misdemeanor, gross misdemeanor, and a felony?

Petty Misdemeanors are punishable by up to $300 fine. You cannot be sent to jail for a petty misdemeanor. Although not criminal offenses, some petty misdemeanors may still look bad on your record.

Misdemeanors are a crime and are punishable by up to 90 days in jail and a $1,000 fine.

Gross Misdemeanors are punishable by up to one year in jail and a $3,000 fine. These are serious crimes.

Felonies are the most serious offenses. They are punishable by a year to life in jail and heavy fines, depending on the crime.

The 'victim' wants the charges dropped. Will the case be dismissed?

No. Once police are involved they are gathering evidence and when a criminal case is in the county attorney or the prosecutor's hands they charge the crime acting for the state and the alleged "victim" is only witness testimony for the state as additional evidence. 

The victim cannot decide to drop the charges on their own. The state will continue to prosecute using the statements the victim already made to the police and may even impeach the victim if they were to testify differently on the stand. This type of issue is common in domestic assault situations when the police are called and the alleged victim does not want to pursue charges.

What are the possible outcomes of my case?

Each case depends on the facts and the law. When evaluating your case, we always look first for reasons the case might be dismissed. The witnesses or victim may be lying and evidence often can be suppressed. There may be contradicting evidence to show the state's evidence is unreliable. The case can be dismissed if a defendant qualifies for a diversion program and will remain law abiding in a plea agreement. Other times, the court might give a sentence but will not impose it. Sometimes you must go to a jury trial to prove your innocence. Whether these options will be available in your case depends on a number of factors. Call the Rolloff Law Office to get a better idea of possible outcomes you can expect in your case.

Should I talk to the police?

Always call an experienced Minnesota Criminal Defense Attorney before you speak to the police. The police are trying to find any evidence that may convict you and anything you say can and WILL be used against you. An attorney can protect your rights before you confess to something, or say something that you didn't mean to say.

Call The Rolloff Law Office

Start your search for real help by getting a FREE CONSULTATION today.  You can reach a helpful and experienced Minnesota Criminal Defense Attorney today at (612) 234-1165.