Minnesota Disorderly Conduct (Explained)

Disorderly conduct is the “one-size-fits-all” misdemeanor that appears to apply to a broad range of conduct, and is therefore subject to use/abuse by over-reaching prosecutors. As an experienced Minnesota Criminal Defense Attorney, I have represented many clients in Disorderly Conduct cases across the state. I have achieved dismissals in many cases.  Here is what you need to know - to get the right result.

The Law

To be convicted of Disorderly Conduct, in the State of Minnesota, the government must prove that a person did any one of the following acts.

• Engaged in brawling or fighting.
• Disturbed an assembly or meeting, not unlawful in its character.
• Engaged 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 You Should Do?

 

There are a number of defenses available to a person charged with Disorderly Conduct, and chief among these is the First Amendment, which guarantees every citizen a right to freedom of expression and speech. 

 

In a Disorderly Conduct case, a prosecutor must prove beyond a reasonable doubt that the person charged engaged in criminal, unprotected speech. This includes, for example, what the courts have termed “fighting words” (ie., words or gestures that are so insulting that it is likely to provoke an ordinary person to fight.)  In deciding whether certain speech rises to the level of “fighting words,” the court should examine a variety of factors, including the specific words uttered, the alleged victim’s ability to diffuse the situation through methods other than fighting, and other conduct by the perpetrator at the time of the incident.

 

 
If you have been charged with the crime of Disorderly Conduct, it may be the case that you did not commit a crime at all. The laws of the State of Minnesota allows for multiple defenses to this charge. The Rolloff Law Office is available to help you, and answer any questions you may have. Feel free to contact me for a no-cost consultation: (612) 234-1165

MN Marijuana in a Motor Vehicle Charge

As a Minnesota Traffic Ticket Attorney, I handle a lot of  moving violation cases.  What you need to know --- depending on the nature of the conviction that you could face ... not only might you have to pay a fine.  You could also lose your driver's license  One charge/conviction that leads to this outcome: a conviction for possession Marijuana in a Motor Vehicle.   

Under Minnesota Law, if you are convicted of possession of Marijuana in a Motor Vehicle, you will lose your driver's license and you could end up with a misdemeanor on your permanent driving/criminal record. 

This conviction, not only could effect your motor vehicle insurance rates --- it could also have an effect on future job seeking ambitions b/c prospective employers and insurance companies alike will be able to find the conviction with a simple background check.

Minn. Stat. §152.027, subd. 3 explains that:

A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Even though a matter may seem insignificant, it is important to speak to an experienced attorney to find out any unforeseen collateral consequences that could stem from certain moving violations.  Call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165

The Cops Never Read Me My Miranda Rights

One of the most frequent questions that I get, as an experienced Minnesota Criminal Defense Attorney, from clients is “the cops never read me my rights ... does that matter?” If you were in custody and were interrogated, then yes, it does.

Never Read My Rights (Think of it this way)

Were you in custody?

Generally, the courts have look to the following factors to determine whether someone is in in custody: police interviewing a suspect at a police station; the presence of multiple police officers; telling someone they are the prime suspect; restraining the person’s freedom; and pointing a gun at someone.  Courts have identified the following factors as someone not in custody: questioning at a person’s home; a suspect’s ability to leave at any time; a nonthreatening environment; police informing someone they are not under arrest; and the brevity of questioning.  While not one of the above factors alone will be determinative. Instead, the court will use a totality of the circumstances approach to determine whether someone is in custody. 

Were you interrogated?

A suspect may make a voluntary statement to the police or confess to a crime without any questioning at all. These statements may be admitted into evidence without a Miranda warning taking place, because no interrogation took place. But even if the police do not ask any specific questions, they may still not be coercive in their actions or words. The “the term ‘interrogation’ under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.”
In Minnesota, the rule isL “an interrogation is custodial if, based on all the surrounding circumstances, ‘a reasonable person under the circumstances would believe that he or she was in police custody of the degree associated with formal arrest.’”


What's Going to Happen?

Many arrests take place without Miranda ever being read to the accused. For example, in DWI cases, officers are generally only required to read someone their Miranda rights after they decide whether they are going to take an evidentiary test. Further, many traffic stops and offenses never trigger Miranda warnings. Thank Hollywood for the idea that officers are required to read Miranda for every arrest. Sadly, the remedy for a Miranda violation also often does not result in a dismissal, rather the remedy for a Miranda violation is the suppression of statements made after the violation and often evidence obtained because of those statements. So even if you were in custody and were being interrogated, and the cops did not read you your Miranda rights, then the prosecution may still move forward with its case if it has enough other evidence against you.

Still have questions - please feel free to Call The Rolloff Law Office --- for FREE ANSWERS: (612) 234-1165

Welfare Fraud: Hernnepin County Crminal Charges

If you receive public assistance, you might receive benefits like compensation from the Supplemental Nutrition Assistance Program (SNAP) or direct cash assistance. To obtain these benefits you have to go before a social worker and discuss your case. Making any false claims during that visit could result in a charge for welfare fraud if your obtain benefits you don't deserve because of them.

Welfare fraud is described as making a false statement or misrepresenting your situation in a way that affects your eligibility. For example, if your spouse works but you do not, claiming that your home has no income since you have no income is a misrepresentation of your circumstances.  If this is discovered --- you could be charged with fraud.  And, you should speak to an experienced Minnesota Criminal Defense Attorney.  

That being said --- you must KNOW that you're committing a fraud to be convicted of it. For instance, if you ACCIDENTALLY inform the social worker that you brought in $10,000 in income last year but the true amount was $11,000, it might have been a simple mistake due to a misplaced pay stub or forgotten hobby income.  On the other hand, claiming you only made $1,000 when you know you made $10,000 is fraudulent.

Penalties for Welfare Fraud?

 If you get caught cheating the system, you will lose your cash assistance, subsidized child care or SNAP benefits for a period of time. On a first offense, you'll lose cash assistance and subsidized child care for six months, while you'll lose SNAP for a year. The penalties only affect the person who committed the fraud, not any other family members, which helps protect innocent parties from losing their benefits.Accusations of welfare fraud put your benefits at risk and could impact your life significantly. Always take your correct pay stubs and information to the social workers, so you are certain of the information you provide.

Need help with a Welfare Fraud case - call the Rolloff Law Office for FREE INFORMATION: (612) 234-1165

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.

Pre-Charge Attorney Representation (Explained)

Often, after someone is arrested for a crime, there will be a delay --- before he or she is actually charged.  Too many people think that this is a time to relax --- a little. However, while you're doing that the prosecutor is probably busy (along with the police) building their case against you.  Therefore, I would strongly encourage you --- if you believe that a charge might be coming --- to contact an experienced Minnesota Criminal Defense Attorney.  . 

Believe me --- the government never rests.  To that end --- the time between an arrest and the first court hearing ...  an investigation is going on - ie., the police are preparing their evidence and the prosecutor is working hard to build as strong of a case as possible against you. 

What Should You Do?

Take advantage of the time that you do have to to be work hard - to build your defense.  While you can wait until charges are filed to get yourself a defense attorney, it will strongly benefit you and your case to invest in his advice --- before the charges are filed by the prosecutor. It may even help to see the matter dismissed. 

When to Get a Lawyer?

Ideally, pre-charge representation should begin at arrest. When the cops question you, what you say can strongly affect your case, and you should have a lawyer present to make sure your rights are flowed through and you do not say the wrong thing. One common tactic police will use is to ask you questions, and after you respond with silence, try to offer you a deal such as immunity to help get you to feel safe enough to talk. Yet, the scope of immunity can be as broad or as narrow as those who offer it wish to make it. You can be immune from one crime, but still charged with another. This is where a defense attorney comes in. They can help you understand the scope of any deals that may be offered.
After the arrest and the criminal investigation begins, before the prosecutor gets ready to file charges, this is where the real work of a defense attorney begins. This is the time when pre-charge representation shows its benefits. While the prosecutor is gathering evidence and creating a court strategy, your defense attorney will work tireless to predict their moves based on the facts and evidence of your case. After that has been done, it will be time to craft a counter defense strategy.

However, the biggest advantage of pre-charge representation is that they can uncover any missteps or case-breaking evidence which can be used to get the prosecution to drop the case before the charges are even filed. This can not only get you off the hook for any potential charges, but it can limit your future legal fees as well. While instances where evidence is uncovered that can cause a case to be thrown out is somewhat uncommon, by allowing your legal representation to work on your case before the charges have been filed, it gives them time to work hard towards winning it.

If you have been arrested or are under investigation by the police and it looks like they will press legal action against you, don’t wait to get a lawyer. The Rolloff Law Office can get going onyour case before any charges have been filed.  This can mean the difference between winning and losing.  Believe me --- no case is unwinable.  Call today - for a FREE CONSULTATION: (612) 234-1165

Minnesota Assault Laws (Explained)

The laws of the State of Minnesota divide the Assault offense into five degrees (or severity levels).  The consequences of a conviction can vary widely from a misdemeanor sentence all the way up to a felony sentence (of 20 years in prison and a $30,000 fine.) The degree for which someone is charged depends on a number of factors including one's prior record and the harm alleged to be inflicted upon the victim.

Believe it or not --- it is not necessary to hit someone in order to be convicted of the crime.  The main element in the crime is intent.  The government only needs to prove that you intended to cause fear in another of an immediate bodily harm or death.  If, after reading this information, you need more information: contact an experienced Minnesota Criminal Defense Attorney.  

Fifth Degree Assault --- Minnesota Statute § 609.224

The fifth degree offense is typically charged as a misdemeanor. It is the simplest form of the charge However, this crime can also be charged as a gross misdemeanor or felony if committed within varying time periods of a previous convictions.

Fourth Degree Assault --- Minnesota Statute § 609.2231

Fourth degree assault can be charged as a gross misdemeanor or felony.  A charge fourth degree charge is usually the result of an assault on a police officer or other emergency personnel.

Third Degree Assault --- Minnesota Statute § 609.223

Third degree assault usually stems from the victim suffering an injury defined as substantial bodily harm.  A third degree charge can also arise from certain bodily harm to a child under the age of four.

Second Degree Assault --- Minnesota Statute § 609.222

Second degree assault is usually charged when the offense involves the use of a deadly weapon.  The maximum penalty for a second degree offense is seven years in prison and a $14,000 fine.  However, if the offense resulted in substantial bodily harm the maximum sentence is raised to 10 years in prison and a $20,000 fine.

First Degree Assault --- Minnesota Statute § 609.221

When the victim suffers great bodily harm (i.e. an injury that creates a high probability of death, serious and permanent disfigurement, or the protracted loss or impairment of a bodily member).  First degree charges can also result from an assault on a police officer involving the use or attempted use of deadly force.  The maximum sentence for a first degree conviction is 20 years in prison and a $30,000 fine.

Consequences

A conviction for assault can have devastating outcomes.  Maybe you will get a jail sentence, maybe you will lose your professional license .. your right to possess a firearm, or maybe you will lose your permanent legal residency status if you are a non-citizens.  Also --- a conviction may impact how future conduct is charged.  Therefore, it is crucial to have an experienced defense attorney in your corner.  

The Rolloff Law Office will be happy to review your case with you and discuss the factors leading to the specific charge that you are facing and we can help to outline a strategy to obtain the best possible result --- based on your specific circumstances. 

Contact us today to set up a FREE CONSULTATION: (612) 234-1165

Unreasonable Search & Seizure (Explained)

Check your constitution. As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about illegal/warrant-less searches.  Here are some things you need to know.

According to the Fourth Amendment Act, validates the reasonable right of privacy to an area that law enforcement might need to conduct a search or a seizure. Therefore, premises such as homes and apartments are considered private, and as such the government must have a court-issued search warrant before they conduct any search. In addition to that, the permit must be valid, meaning there must be probable cause. This (in theory) should prevent the police from  carrying out random intrusions.   under the law.  Another requirement is that the warrant must meet --- it must have been issued by an unbiased judge and contain details on where the search will happen and what should be searched. The police cannot search an area that isn’t described in the warrant and therefore cannot seize the property in that area too. 

All too often ... police have probable cause (to search) when they respond to criminal activities, and they conduct searches without a warrant. These so-called "exemptions" to the Fourth Amendment include:

• When a person willingly consents to a search. Under these circumstances, law enforcement personnel don’t need to have a warrant present during the search. They assume the individual knows the extent of the Amendment Act. The act not only protects the people’s rights to privacy, but also prevents any property seized during the search from being used in court as evidence.
• If you get pulled over while driving, possibly due to a traffic violation, the police can search the trunk and any other compartments of your car without a warrant. 
• Vehicles get exempted because they are mostly mobile and criminals can use them to conceal weapons and drugs away from their premises. If the police confiscate your car, they are free to search without a valid warrant.
• When arresting an individual, they can search the property for any evidence of criminal activity. In this case, police have a warrant for arrest, or one gets filed against you, and police suspect that they might collect evidence of your criminal act on your premises.When police witness you committing a crime in plain view and make an arrest, they may search and seize any personal items you have on you. If any of these things link you to criminal activity, then they are admissible in court as evidence.
• Sometimes an officer may stop you and conduct an investigative frisk if they suspect that you might possess a weapon or might be dangerous.

What happens when your Fourth Amendment rights get violated? The law considers that the individual have a reasonable expectation of privacy and to feel secure in their premises from arbitrary government intrusion.  If you feel as though your rights have been violated --- you should contact The Rolloff Law Office.  We know about the exclusions to the Search and Seizure Act. If you need legal advice in Minnesota - contact us today: (612) 234-1165

Consequences of a MN DWI Arrest/Conviction

Getting a DWI is nobody's idea of a good time.  These are some of the things that might happen to you.  

Financial Consequences

In addition to the fine imposed in a conviction for a DWI there are a myriad of other financial consequences:

• Loss of job / loss of professional license — invaluable;
• Costs of alternative transportation — hundreds, maybe thousands;
• Vehicle Forfeiture; 
• License reinstatement fee — currently $680;
• Alcohol assessment fee — $300–$1,000;
• Probation / Jail fees — 100s;
• Increased automobile insurance costs — thousands over the course of the following decade;
• Increased life insurance premiums.

Administrative Consequences 

The following administrative consequences follow an arrest for DWI.  An experienced Minnesota DWI Lawyer can challenge these consequences in a civil judicial hearing that is independent of the criminal proceedings. The administrative consequences of a DWI have complicated and critical timing requirements.  A knowledgeable Minnesota attorney can help you navigate this process and avoid avoid these harsh administrative consequences.

License Revocation

Following an arrest for a DWI and/or a test failure or test refusal --- your drivers license will be automatically revoked. The revocation period will depend on variety of factors: (a.) your prior DWI history, (b.) your BAC, (c.) your age, or other aggravating factors. Depending upon your circumstances --- you may be able to obtain a limited license for driving to work, school, or abstinence based support groups.

License Plate Impoundment

License Plate Impoundment is a particularly harsh administrative penalty.  Depending on your history and the circumstances of your arrest, your license plates may be impounded.  Your plates may be impounded if:

• if the driver has a BAC of .16 or greater;
• if the driver has a prior DWI or alcohol-related driving offense within the previous 10 years;
• if there was a passenger under the age of 16 present in the vehicle; or
• if the driver was driving after his/her license was cancelled, regardless of alcohol impairment.

The vehicle used in the offense is subject to plate impoundment as well as any vehicles jointly owned by the driver.  “Whiskey” plates (plates beginning with the letter W) may be obtained (at an additional cost) if the driver(s) of the vehicle(s) has a valid license.

Vehicle Forfeiture

Vehicle Forfeiture is the most severe administrative sanction.  Under Minnesota law, a prosecutor may seize the motor vehicle used in the commission of a first or second degree DWI or test refusal, a DWI offense while the driver’s license is cancelled as inimical to public safety, or a DWI offense while the driver’s license is subject to a no use provision (B-card).

A vehicle can be seized immediately upon the driver’s arrest for one of the above qualifying offenses—regardless of whether the driver was the lawful owner of the seized vehicle!  Upon seizure the police must provide the driver and owner with a seizure notice.  Minnesota law presumes that the vehicle seized is subject to forfeiture.  In order to prevent forfeiture, the driver must take judicial action in civil court.

The administrative consequences of a DWI arrest are complicated.  A knowledgeable Minnesota defense attorney can assist you in avoiding or limiting these harsh consequences.

Other Consequences of a DWI Conviction

A DWI conviction may also result in the loss of a professional license.  And of course a conviction will make it more difficult to obtain employment—especially for any position that may require the use of a vehicle as part of your regular duties.

The Rolloff Law Office can help you evaluate your case and improve your odds of avoiding the harsh consequences of a DWI conviction.  Call today: (612) 234-1165.  

Why You Should Seek a Minnesota Expungment

A run-in with the law can have a huge negative impact on your life. Most people think that all of the consequences that they will face are tied to whether or not you are convicted, but unfortunately this is not the case.  Granted,  you won’t be going to prison or paying off ridiculous fines if you beat your charges, but that doesn’t mean that everything just returns to normal. This is why you should speak with an experienced Minnesota Criminal Defense Lawyer - about sealing your record.

Why Should You Do This?

All it takes to acquire a criminal record is for you to be arrested – you don’t even need to be formally charged and/or convicted.  Don’t think that’s a big deal?  Think again.  It’s no secret that “criminals” are looked down upon in our country, but the issues that individuals face with a criminal record go far beyond someone giving you dirty looks.  

Ways a Criminal Record Makes Your Life Harder

1. Hurts Your Ability to Get a Job: Most employers perform background checks while reviewing applications. Applicants with a criminal history are the first to be tossed in the garbage. An Expungement erases the record of your criminal past so that employers can’t see it, making it more likely that you will get to the interview process. The same goes for volunteer positions.

2. Housing/Renting an Apartment: After time in prison, all you may want is to start a new life in a new location… but a felony record can prevent you from doing so. Housing applications often ask about your criminal record, and may deny you if you have one.

3. Restoration of Firearm Rights: Felons lose the right to bear arms after a conviction. While some felonies restrict offenders from restoring the right to own a gun under any circumstances, these crimes are usually crimes of violence and are a special exception to general rules. In most cases, a sealed or expunged record restores the offender’s ability to purchase, own, or lawfully use a firearm.

Felony records are public knowledge. No matter what you are applying for, or why someone may be searching your name online, a criminal record hangs over your head. Wouldn’t it be easier to tell people about your criminal past when you are ready?

To learn more about an Expungement, whether or not you qualify, and what it takes to get your record sealed, contact the Rolloff Law Office.  We aggressively fight for our clients --- utilizing innovative tactics to get the most positive results for our clients . Call today: (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. 

How To Beat a Shoplifting Charge

 
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

Minnesota Traffic Lawyer - Affordable

If you're facing a Traffic ticket charge in Minneapolis or St. Paul --- you could be facing the loss of your driver's license, your clean driving record and/or increased insurance rates.  If you have questions about how to properly handle matter such as this --- talk with an experienced Twin Cities Traffic Attorney today who can help you fight that traffic ticket and keep it from becoming a bigger problem.  
 

Contact the Rolloff Law Office to speak to an experienced Minnesota Criminal Defense Lawyer.  We have represented 1000s of professional drivers and ordinary people who are facing charges after a DWI/Traffic arrest in Minnesota.

We defend first time and repeat offenders on Drunk Driving charges and Minnesota Traffic violations --- including:

• Driving with a Suspended/Revoked license;
• Driving without Insurance;
• Minnesota Speeding tickets and other moving violations;
• Reckless or Careless driving;
• School bus stop arm violations;
• Juvenile traffic offenses.

Not Planning on Coming Back to Minnesota?

The Rolloff Law Office represents people who have only been traveling through Minnesota and picked-up a ticket for a moving violation or were arrested for DWI.  Most times, I can represent your case anywhere in the Twin Cities area and/or anywhere in Minnesota. Often you can completely avoid a court appearance. 

FREE CONSULTATION: (612) 234-1165.

Commercial Driver's License (CDL) and a Minnesota DWI

The State of Minnesota takes Drunk Driving very seriously --- and if you have a commercial driver's license (ie., a CDL) the consequences can be devastating.  This is why it is important to get answers from a Minnesota Criminal Defense Attorney.

What Will Happen

Commercial drivers face strict DWI penalties that can impact their ability to work and earn a living. 

In the State of Minnesota, for a first offense, a commercial driver transporting non-hazardous material can lose his CDL for one year; a driver of hazardous materials can have his license disqualified for three years. 

If convicted of a second violation, the driver will lose his CDL permanently, but the driver can attempt to have his license reinstated after ten years.It’s considered a major offense for a commercial driver to operate a commercial vehicle with a suspended, revoked or disqualified CDL – this would result in the possibility of fines up to $5,000 and potential jail time.

Wile the driver will retain his license to operate a noncommercial vehicle unless:the BAC level was 0.08 or higher, the legal limit for a regular motor vehicle DWI. 

 
If you have a CDI and you are facing a DWI --- know this: this considered a major offense under both state and federal laws Therefore, you should contact The Rolloff Law Office right away. We will work on your behalf to either have the charges against you reduced or possibly have them dismissed. Call today: (612) 234-1165

Minnesota Terroristic Threats (Threats of Violence)

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

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 

Should I Hire a Defense Attorney? (Explained)

In the State of Minnesota there are four basic levels of offenses/violations: Petty Misdemeanors, Misdemeanors, Gross Misdemeanors, and felonies.  Here is some information on what those terms mean - in terms of possible consequences.  If you have additional questions, you should contact a Minnesota Criminal Defense Attorney. 

A Misdemeanor is the lowest crime you can be charged with in Minnesota.  (A Petty Misdemeanor ... due to the fact that no jail time can be assessed, among other rationale, is technically not a crime.  More information on this can be found here.)   A Felony is the highest level crime you can be charged with.  Unlike other jurisdictions, the State of Minnesota does not have different levels of Misdemeanors and Felonies.  As such, this means is that the terms encompass wide array of offenses.

Misdemeanors

A “Misdemeanor” refers to any crime that can be punished by up to 90 days in jail and/or up to a $1,000 fine.  That’s it.  That’s all it means.  If you say that you have been convicted of a misdemeanor, it doesn’t tell me anything, except that you’ve been convicted of a low-level crime.

Felonies

A “felony” refers to any crime that can be punished by more than a year in prison.  Like saying you’ve been convicted of a “misdemeanor,” telling me you’ve been convicted of a “felony” doesn’t tell me much.

Unfortunately, if you tell most non-lawyers that you’ve been convicted of a felony, they assume the worst.  One of the most unfortunate sets of crimes is the drug offense hierarchy.  The lowest level is a petty misdemeanor; possessing 42.5 grams or less of marijuana is a petty misdemeanor (not even a crime because you can’t serve jail time for it).  Possessing 42.6 grams of marijuana is a felony.  There’s no in-between.  There’s no such thing as a misdemeanor drug offense.  But you may never serve a day of jail time for either offense, and the fine may be the same $300 for each offense.  This is why telling me you’ve been convicted of a felony doesn’t tell me much.  But I’m a lawyer.  There is a huge stigma in the community about felonies.  This is largely based on not knowing things like this.

Similarly, a misdemeanor can be anything from a first-time DWI to theft to assault to certain prostitution offenses.  If you tell me you’ve been convicted of a misdemeanor, I need more information.

You are only going to get one, good chance to earn the right result for your case.  Do yourself a favor - contact the Rolloff Law Office to set up a FREE CONSULTATION before you do anything.  Call today: (612) 234-1165.