Minnesota Juvenile Drinking and Driving (Explained)

In the State of Minnesota, the laws for Juvenile Drunk Driving differ from those for adults --- and all too often, the accused will not simply receive a slap on the wrist. 

Frankly, because these persons are still in the beginnings of their driving lives, courts - hoping to deter future offenses - often will come down hard.  This is why it is important to talk to an experienced Minnesota Juvenile Criminal Defense Lawyer. 

Minnesota’s Not a Drop Alcohol Law

Furthermore, for minors that have a higher blood alcohol content than just a trace, they will find that they face higher punishments. So those above the limit of .08 will have a higher punishment than someone with .02 and those with a blood alcohol content of .16 will face even greater punishments than that.

When it comes to minors and alcohol, there two primary laws that dictate what punishments they will face. While the zero tolerance policy of the state of Minnesota dictates they will be punished, these laws dictate what those punishments will be.

This law specifically targets juveniles that are below the age of 18 who get behind the wheel while under the influence. Punishments for violations of Vanessa’s Law include:

• They cannot obtain a license or learner’s permit until age 18
• Must pay up to $680 in order to receive the license
• Juvenile DWI drivers may also face extra punishments depending on the nature of the incident and blood alcohol content depending on the judge’s discretion.

If your child is still a minor, then the Not a Drop Law does not specifically pertain to them. This law advises punishments on those who are above 18 years of age, but below the legal drinking age of 21 years old. Punishments for violating the Not a Drop Law include:

• Revocation of driver’s license for up to 30 days or more
• Replacement with a limited or temporary license that has provisions to prevent further DWI incidents.
• Additional punishments may be added depending on the nature of the incident and the blood alcohol content at the judge’s discretion.

If you are in the Minneapolis area and need representation for an underage DWI or even for a DWI for those above the age of 21 years old, contact the Rolloff Law Office to see what we can do for you.  Call today: (612) 234-1165.

Minnesota No Contact Orders (Explained)

 
Unfortunately, domestic violence is an all too common occurrence in the State of Minnesota. If you or someone you love suddenly find themselves charged with a crime --- or is in need of an order of protection --- you need to understand what you’re up against.  This is why you should contact a Minnesota Defense Attorney.

What You Need to Know

A very common occurrence --- when someone is charged with domestic violence crime is that the accused is prohibited from having contact with the complaning witness --- this can also include their residence and their family.  In Minnesota --- this can come in the form of a DANCO (Domestic Abuse No Contact Order) and/or OFP (Order for Protection.)

Violate one of these orders and one can find them-self facing even more charges.  Therefore, it is vital that him/her understands what the different kinds of orders require of you.

What These Orders Prevent One From Doing
 
Once a judge hears the case, she will decide on which type of protective order to make and the stipulations thereof --- including:  

• A prohibition from going near your own home (if the alleged victim continues to reside there), the alleged victim’s workplace, and possibly your children’s school(s);
• Removal of custody of your children (or limitations in your rights);
• Payment of spousal support to your accuser;
• Restitution for domestic assault, including payment for injuries;
•  Awarded divorce and termination of spousal rights;
• Mandatory counseling/therapy; and 
• Anything the judge deems necessary. 
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If You Fail To Follow The Order

Breaking a protective order is punishable by law, and in most cases will earn you criminal charges . If a protective order is issued against you and you don’t understand it, the best thing you can do is talk to a knowledgeable domestic violence lawyer who can explain what you are up against and tell you your options. 

 
The Rolloff Law Office is a Minneapolis-based criminal and defense firm known for fighting aggressively for its clients and utilizing tactics honed while serving as a prosecutor.  Call to set up a FREE CONSULTATION - today - (612) 234-1165 

Hennepin County Expungement Attorney

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

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

Hastings Criminal Defense Lawyer - Affordable

Any individual who seeks legal services already knows they need the help of an experienced Minnesota Criminal Defense Attorney. That being said ... the should not have to go to law school to understand the legal system.

Having had been at this for some time, I am well aware that individuals who have been arrested for something are frightened about the consequences they may face. They have been through an emotional experience. They don’t understand the legal process and they can be frustrated by people who speak in legal jargon. 

One of my jobs is to explain to individuals what their rights are, to look at whether any of them have been violated and to explain how the court system works — to make it a lot less intimidating and frightening.  If you or someone you love has caught a case, you likely think that there is serious trouble ahead.  My goal is to talk straight ... to tell the truth ... and by shining light on the dilemma --- help everyone understand what they’re facing and what the possibilities are.

I take the time to explain in a language they can understand exactly what the issues are. I know how to ask the right questions. They can explain to me in their own words what happened and I can translate that from legal jargon into what their rights and responsibilities will be.

I do that throughout the whole process, not at just the first meeting.... through the whole case.  

For any criminal defense legal services you think you might need, please feel free to contact the Rolloff Law Office for a FREE CONSULTATION and to earn a clear understanding of what your options are.  CALL NOW: (612) 234-1165

Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.