Minnesota BWI Charges (Explained)

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

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

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

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

Criminal Consequences

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

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

Differences From Minnesota DWIs

There is some good news regarding boating DWIs as follows:

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

Don't Wait. Call For Experienced BWI Defense

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

Minnesota Boating While Intoxicated (Criminal Defense)

Summer in Minnesota is great for boating ... and it is also a time for BWIs.  BWI stands for “Boating While Intoxicated.” and it is (and it isn't) the same as a Minnesota DWI charge, but indicates that the offender was operating a boat under the influence rather than a car.  

What is BWI?

In Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08). As like with a DWI, violators of this law can be charged with a crime --- BWI ---  (Boating While Intoxicated) and be subject to a court proceeding and consequences.  If you need help with such a charge, you should contact an experienced Minnesota Criminal Defense Attorney.

What Happens if Your Are Arrested for A BWI?

The consequences of a Minnesota BWI arrest are nearly the same as those of a Minnesota DWI offense. 

A first time BWI charge is a Misdemeanor punishable by up to 90 days in jail, payment of a fine of $1,000, and suspension from operating a boat/watercraft for 90 days of the boating season.

As with Minnesota DWIs, a Minnesota BWI charge is an enhanceable offense, meaning that if certain “aggravating factors” are present, the charge becomes a more serious offense --- even a Felony --- with significant sanctions.  

BWI Aggravating Factors 

A BWI can become more serous based on a number of things, including:

Operating a boat with a blood alcohol concentration of .20 percent or more;
A prior conviction for DWI or test refusal in the 10 years leading up to the charge; and
A passenger under age 16 on the boat or watercraft at the time of the offense.

The presence of any of these factors will result in a higher degree of BWI being charged --- even a Felony.  he higher the degree of BWI, the stricter the punishment. Below are the penalties for gross misdemeanor BWI offenses:

• A fine of up to $3,000
• A longer period of mandatory jail time
• Participation in long-term monitoring programs
• Chemical Dependency assessments
• Loss of driver’s license privileges
• Plate impoundment of all motor vehicles owned by the offender
• Forfeiture of the boat involved in the incident

A felony BWI charge is the most serious. In addition to the above sanctions, felony BWI offenders can be sentenced to (in addition to those things listed above):

• Three to seven years in prison; 
• Up to $14,000 in fines; and
• Extended periods of license revocation

An experienced Minnesota BWI defense lawyer can help keep you or someone you love from suffering the worst consequences for these charges.  Regardless of the degree of your offense, call the Rolloff Law Office to help you review your charges, get the right answers and resolve your case in a favorable way.

Minnesota DWI Arrest (What Should You Do?)

As a Minnesota Criminal Defense Lawyer --- the cases I get the most questions about (and the number of cases I work on most are Drunk Driving charges --- combine that with my experience as a former prosecutor and you can be assured I know a little something about this dilemmas.  Here are some answers to the most common questions:

WHAT TO DO IF STOPPED BY THE POLICE FOR A MINNESOTA DWI?

1. BE POLITE (The officer is the Judge at the side of the road;)
2. DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD PBT;
3. SUBMIT TO A BREATH CHEMICAL TEST (A REFUSAL TO SUBMIT WILL LEAD TO A WHOLE NUTHER CHARGE;)  
4. NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED.

IF YOU HAVE BEEN ARRESTED - WHAT THEN?

You next best move is to call the Rolloff Law Office - at (612) 234-1165.  The sooner you get a lawyer on board, the better your chances to earn the best possible outcome for your case.  

Why Hire a DWI Lawyer? (Explained)

If you have been charged with a Drunk Driving --- you should seriously consider hiring an experienced Minnesota Criminal Defense Attorney --- or at the very least talking to one about your rights.  My reason for suggesting this is not just because I am an attorney.  Here are some ways an attorney can help with your case --- and your future!

Pleading guilty can actually cost a lot more than hiring a Minnesota DWI Lawyer.

Believe it or not, there are many long term consequences to pleading guilty to a Drunk Driving --- that aren't immediately made know to you by the prosecutor or the judge --- including potentially having to tell to every potential employer for the rest of your life that you were convicted of a serious crime, having to pay increased insurance premiums and being excluded from international travel.

Honestly, do you really know what all of the consequences are that you may face in your future? If you don’t, you should consult with an experienced Minnesota DWI Lawyer so that you can make an informed decision regarding your case.

Hiring an experienced Minnesota Drunk Driving Lawyer is an investment in your future.

The prosecutor does this for a living – prosecutes criminal cases. You can rest assured they know the issues in a DWI case, that they have read the case against you, and that they are prepared to argue aggressively for a conviction. That’s their job. Shouldn’t you have someone just as prepared – if not more so – ready to argue aggressively on your behalf, too?

When you weigh the cost of pleading guilty and all the future costs that come with it, against the cost of hiring a Minnesota DWI Lawyer, you will find that hiring an  attorney is an investment in your future.

Not all Minnesota DWI Lawyers cost the same.

Each attorney charges what he or she has determined is an appropriate fee for the level of his or her services. Don’t hesitate to ask a lawyer what it will cost to represent you. But --- don't just go with cost when making your decision not all Minnesota DWI lawyers are the same. Your lawyer is the one person in the court room who is on your side, unconditionally. You need to feel comfortable with your lawyer – your relationship with your lawyer can make or break your case: Your lawyer will rely on the information you share with him or her in defending you. If you and your lawyer don’t have a good working relationship, you won’t trust your lawyer with this critical information. The key to a successful attorney-client relationship is the same thing that makes all relationships succeed or fail.

Before opening my own office, I started out prosecuting Minnesota DWI case --- hundreds of Drunk Driving cases.  Let me put that experience to work for you.  Learn for yourself --- Call to Rolloff Law Office at (612) 234-1165 to schedule an office visit and come in and see us in person,

Minnesota Drunk Boating (BWI)

With summer in full-effect, it’s important for those of you who are out to have fun on the water make sure you're aware that the police will be out in force watching for any signs of intoxication.

As more people head to the water for fun, law enforcement officials will be out actively searching for those who are BWI - Boating While Intoxicated.  If you or someone you love find themselves as part of an investigation into Drunk Boating, your next best step is to call an experienced Minnesota Criminal Defense Attorney.

What You Need to Know

If you're a real Minnesotan you know that drinking and outdoor activities may go hand in hand for some.  However, you need to be aware that a BWI arrest is serious.  Boating while intoxicated is generally treated the same as Drunk Driving.  If a boater is found to have a BAC of .08 or more, they will be arrested and taken to jail. If the boater has a prior DWI/BWI conviction, the boater could also lose his or her driving privileges, both on land and on water.

If you’re convicted of a BWI, the offense could potentially appear on your motor vehicle record just like a DWI conviction. Even a first-time BWI charge, without a prior DWI conviction or designated license revocation, could result in severe penalties including substantial fines, loss of your boat operating privileges and potentially even jail time.

For those arrested for a second or third time, penalties will enhance for a repeat offender and can include automatic jail time and even loss of the boat you were driving at the time of the arrest.

Why?

The dangers of drinking and boating are as serious as drinking and driving a car. The fact is alcohol consumption while boating can be even more dangerous given that most boaters are less experienced on the water than on pavement. Most weekend boat operators are out driving a handful of times each year and are thus already more prone to dangerous accidents. Throw in alcohol consumption, and it can be a recipe for disaster. As further evidence of the danger, one statistic says that a intoxicated boater is 10 times more likely to be involved in a fatal accident than his sober counterpart.

Tips to Avoid Getting Arrested for a BWI

1. Designate a sober boat captain prior to getting out on the water.
2. Bring a variety of drinks including plenty of water, sodas and other non-alcoholic beverages.
3. Don’t assume that just because you are also eating on the boat that this somehow will reduce your level of intoxication. Remember, the best policy is to not drink alcohol at all, if you are going to be the one driving or operating the boat.
4. If you dock somewhere to get lunch or dinner and drink with your food, again make sure you’ve previously designated a sober driver that can operate and bring the boat home.

If you’re facing a possible BWI charge, you need a skilled Minnesota BWI Attorney on your side. For quick, fast and honest answers, call the Rolloff Law Office at (612) 234-1165.

Hiring a Minnesota Defense Lawyer (Explained)

If you've been arrested or charged with a crime, you need the immediate assistance of an experienced Minnesota Criminal Defense Lawyer. A good criminal defense lawyer can explain your rights in all stages of the criminal process and help make the difference between a reduced plea bargain or dismissal and a jail sentence.
What You Really Need to Know

Being charged with a crime -- whether major or minor -- is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case.

If you're facing criminal prosecution, a criminal defense attorney can help you understand (1) the nature of the charges filed; (2) any available defenses; (3) what plea bargains are likely to be offered; and (4) what is expected after trial or conviction.

What to Look for in a Criminal Defense Lawyer

Criminal defense attorneys handle a variety of criminal cases, including felonies, misdemeanors, drug charges, white collar crimes, and many other state and federal crimes. When looking for a criminal defense lawyer, you'll want to find the best one for your case. As such, you should concentrate on the lawyer's expertise, skill level, and knowledge.

A good criminal defense lawyer may help (1) reduce your criminal charge to a lesser offense (for example, reduce a felony to a misdemeanor); (2) lessen the severity of the punishment for the crime; and (3) reduce or eliminate jail time (via probation, for example); and (4) help you develop a sound defense strategy.

Also, because of the nature of what's at stake, it's important that the attorney you hire has the necessary skill level needed to defend the case, and is the one who actually conducts most of the work. For instance, you may need someone familiar with crime scene investigations, witness/victim/police interviewing, and/or extensive knowledge of polygraphs, sketches, photographs, and video.

Finally, because criminal laws and penalties vary by state, it's important that the attorney have experience with the state and local rules of court.

How to Find a Criminal Defense Lawyer

There are numerous ways to find a criminal defense lawyer. Referrals from friends and family or online research may be a good start. However, in many instances, a person facing criminal charges may not wish to publicize the news of his or her arrest to extended family members and friends or may not have unlimited time to research online. As such, you may wish to find a local criminal defense lawyer using one of several quality-assured lawyer directories, such as FindLaw, devoted to connecting you to an experienced criminal defense lawyer in your area.

Questions to Ask a Criminal Defense Lawyer

Before selecting a criminal defense lawyer, you should feel comfortable enough speaking with him or her concerning all aspects of your criminal charge. Below are some of the questions you should ask:

• Do you have any experience handling cases similar to mine?
• How much of my criminal case will you actually handle?
• How many jury trials have you litigated?
• How often do you work out plea agreements or ask for a lesser charge?
• What are your attorney's fees, and how are they calculated? Do you offer a payment plan?
• Would you be willing to provide references from clients you've helped?

Criminal Defense Lawyer Fees

The cost of hiring a criminal defense lawyer will vary depending on a number of factors, including the attorney's experience, reputation, track record, and geographical location. Most criminal defense attorneys bill their time either hourly, or by a flat fee arrangement. Depending on the fee arrangement, some attorneys may allow you to get on a payment plan to handle ongoing charges. Others may require an upfront retainer fee before working on the case. In all cases, it is wise to consult with a variety of criminal defense lawyers in your area to find one you feel comfortable with in representing you and get a sense of the cost involved in representing your case.

Try This?

You have questions - right?  Call and get FREE answers now - (612) 619-0262.  The Rolloff Law Office - if we can't help you - will set you off in the right direction.  Don't believe it - call and find out.

Minnesota Expungements (Explained)

The laws of the State of Minnesota allows individuals to expunge their criminal records in certain limited circumstances.

There are two types of criminal record expungement: “statutory expungment” and “inherent authority expungement.”  To get the total lowdown on an expungement, you should sit down a have a free consultation with a Minnesota Criminal Defense Attorney. 

Statutory Criminal Record Expungement

Statutory expungement in Minnesota is available (only) in certain limited circumstances, specifically: (a.) when someone has had certain controlled substance offenses dismissed and discharged; (b.) for certain juveniles prosecuted as adults; and (c.) for certain criminal proceedings not resulting in conviction.  For people that do not qualify for statutory expungement, there may be other options available, such as inherent authority expungement.

An individual that qualifies for statutory expungement and wants to proceed with the expungement process must formally petition the court. If the expungement petition is successful, the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except in certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Criminal Record Expungement
Inherent authority criminal record expungement in Minnesota is available to certain individuals that do not qualify for statutory criminal record expungement—individuals that were convicted of a crime through a guilty verdict (as the result of a jury or bench trial) or a guilty plea. This includes individuals who were convicted of a crime and received a stay of imposition of sentence or a stay of adjudication of sentence.

An individual that qualifies for inherent authority criminal record expungement and wants to proceed with the expungement process must formally petition the court. The petition includes such information as the crime sought to be expunged; the petitioner’s entire criminal record; and the reasons the petitioner is seeking expungement (e.g. for employment or housing purposes).

A hearing will take place after the expungement petition is filed with the court.  At the hearing the court will hear arguments from the petitioner; the state; and will also hear a statement from victim(s) of the crime sought to be expunged (if applicable).

After the expungement hearing the court will consider the petitioner’s argument; the state’s argument; and the victim’s statement (if one was provided).  The court analyzes several different factors when considering whether or not to grant expungement—including, but not limited to, the severity level of the crime sought to be expunged and steps the petitioner has taken to rehabilitate themselves since the conviction.

The court will either grant or deny the expungement after taking into consideration the above-stated parties’ arguments.  If the court grants the expungement the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except under certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

What To Do Next

The Rolloff Law Office offers a free consultations asa courtesy to potential clients. This evaluation will help determine whether potential clients may be eligible for criminal record expungement, pardon extraordinary, and/or return of arrest records.  The information you provide for the free evaluation is kept strictly confidential and used only for the purposes of the evaluation.  Call today and request an appointment: (612) 619-0262.

Minnesota Criminal Defense Questions (Answered)

As an expereinced Minnesota Criminal Defense Attorney I get questions - lots and lots of questions.  Here are some of the most common ones.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At The Rolloff Law Office, we provide personal legal services on a one-on-one basis, and our results-oriented approach to defending charges and our reasonable rates can allow you to have the quality defender you need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a Minnesota DWI charge?

Any DWI offense carries the potential of jail time. Under Minnesota Statues, chapter 169A, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. This is in a simple DWI offense, without any aggravating factors or a breath test refusal. If you have a prior conviction of DWI within the last 10 years, including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of an attorney. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your office defend?

The Rolloff Law Office is committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Assault, Drug Charges, Disorderly Conduct to any manner of Theft crimes --- from Misdemeanors to Felonys.  Expereince criminal defense representation unlike any youve ever known before - that's a promise.  Call today: (612) 234-1165.

Minnesota Domestic Assault Attorney

Troubled relationships can be some of the most complex and difficult situations people face on a daily basis. Unfortunately, a notable number of individuals end up facing Minnesota Domestic Assault charges every year. If you have found yourself in the unfortunate position of having been charged with Domestic Assault or you must make certain that you waste no time in obtaining appropriate representation from an experienced, Minnesota Criminal Defense Attorney who is knowledgeable and compassionate. 

Why Is This Important?

Domestic violence cases represent one of the most challenging areas of the law. Not only are these cases complex from a legal standpoint, the level of emotions associated with these by definition are highly charged. Therefore, it is crucial that if you have found yourself facing a domestic abuse, assault or violence case that you promptly obtain skilled representation from an experienced Minneapolis domestic assault attorney.

J. Rolloff has devoted a considerable portion of his professional career to assisting people in resolving domestic violence cases. Not only does he fully understand the "ins" and "outs" of the law, not only does he understand how to present a strong defense in court, he thoroughly appreciates the painful emotions that you are experiencing and that are at the heart of a domestic assault case.

What Now?

The Rolloff Law Office has represented men and women from all walks of life who have faced charges of Domestic Assault. As a consequence, he understands what must be done in order to protect your rights and interests in light of these types of charges. Additionally, he realizes what steps need to be taken to ensure that you are able to have reasonable access to your children should a No Contact or Restraining Order have been entered by the court in light of your spouse or significant other filing a complaint against you.  if you need help - call now: (612) 619-0262.

Minnesota Traffic Tickets & Insurance (Explained)

The number one reason I hear - over and over again - when it comes to people seeking assistance with Minnesota Traffic Tickets is because they don't want it to impact their insurance premiums. 

Well, believe it or not ... your insurance company is thinking the same thing --- if a recent call I had with an insurance agent is any indication. 

The Call

I often tell individuals I've heard it all - and time after time I'm surprised.  The same goes for this recent call --- an insurance agent wanting to talk with a Minnesota Criminal Defense Attorney to help their clients to get out of their speeding tickets?

Here's what I learned ... the philosophy that this company takes toward their clients is truly one of partnership. People are required to have car insurance to drive, but this particular company doesn't feel like it is responsible to hold it's clients hostage for a minor traffic ticket, nor do they feel like it's good business to encourage their clients to hide their driving from them in hopes of keeping their premiums lower.This company, which specializes in low risk drivers, has found that their customers are more satisfied with their service and actually drive better knowing they can turn to their insurer if anything should happen.

After the Call

This whole interaction got me to thinking about what, exactly, a car insurance company should do for you. Are they in the business just to make money off of your premiums and then make it as difficult as possible for you if you ever get into an accident? Or, are they a trusted part of your team trusted to help you if and when the need arises? And, if it's the latter, is the best way to create that relationship by encouraging an open dialogue with the client?

Should You Tell Your Insurance Company About Your Traffic Ticket?

One thing I learned from this call was that not everyone should tell their insurance company about their speeding ticket. Some companies are required, as part of their policy, to flag your account for that. Most of those companies are nationally known (I don't know which ones specifically do that, I just know that some do). By calling them, you are setting yourself up for higher premiums, even after you hire a traffic attorney to beat your ticket.

All of the above being said, there is a lesson to be learned for all of us. The company I met with is locally owned and operated. They don't have thousands and thousands of employees. They aren't publicly traded. Making money is important to them, but it's not the only thing. There's something to be said for that. Remember that when you're looking around for help. Test out the local options. You might pay slightly more, but what you get in return could be well worth the price.

What Next?

This isn't an insurance company and I don't talk to your insurance companies about my client traffic tickets. But, like this insurance company, I value my relationships with them and I want to keep in touch with everyone of them during those times they need me - and when they don't.  If you want to know that your attorney has your best interest at heart - when your case is going on and after --- then call the Rolloff Law Office today - (612) 234-1165. And, if you need a kick-ass Minnesota Traffic Lawyer, call me --- I'll do whatever I can to beat your traffic ticket, saving you money on the fine and increased insurance premiums.

Minnesota Driving While Texting (Explained)

One of the most disturbing things about being a Minnesota Criminal Defense Attorney is seeing people charged with crimes when all they've really done is fail to use a turn signal, or speed - when there are other idiots out there driving like maniacs, distracted by other things that are equally or even more dangerous than Drunk Driving.

After Sunday's expose in the StarTribune (link to article) about the perils of driving while Texting, I got to thinking about what other "distracted driving" issue were out there.

What is Distracted Driving?

Would you believe that eating food while at the wheel of a vehicle could be more dangerous than drinking or texting while driving? According to a study by the University of Leeds called “Two Hands Better than One,” this is exactly what researchers found based on observation of test subjects operating driving simulators.

The UK researchers measured reaction time while drivers negotiated virtual vehicles, and as it turns out, eating increased response times by 44 percent. In contrast, texting increased reaction time by 37 percent, and drinking a non-alcoholic beverage from a can or bottle increased reaction time by 22 percent.

And what about the one driving no-no that that nearly everyone agrees is undesirable – drinking alcohol and operating a vehicle? Drivers asked to operate the simulator who were at the U.S. “legal limit” of .08 percent blood alcohol content increased reaction time by 12.5 percent…

Common sense dictates that drivers can compound their chances for an accident if they do not self-govern and recognize their limits. And as the study indicates, a distraction can come in several forms – even ones that have been considered benign…

Much more could be said about this subject which the U.S. Department of Transportation has been up in arms about in recent years, labeling distracted driving an “epidemic.”

Now, I get it that Drunk Driving is dangerous. I'm not advocating that people do that. But what are our options when it comes to these other areas of distracted driving?

At the end of the day, nothing will come of it. The reason? There are no special interest groups formed by empathetic groups to lobby Congress to change all the rules. Not until someone is killed by someone texting or someone eating will someone stand up for harsher penalties - and even that won't change things (that's my guess - too many "upstanding" people would become criminals, much like the criminalization of Drunk Driving has done).

In the State of Washington texting while driving is a $124 ticket, and it doesn't even count as a moving violation. Talking on a cell phone is the same way. Eating while driving isn't illegal at all. Yet all of these activities are more dangerous than driving with a blood alcohol level above .08.

If you have questions about ANY legal dilemma - call the Rolloff Law Office today at (612) 234-1165.

Why You Should Seek a Minnesota Expungement (Explained)

If you have been charged with a criminal offense in the State of Minnesota, you need to be aware of the serious ramifications that a conviction can have on the rest of your life.

A criminal record can leave a negative mark on your future that will affect your opportunities for housing, work and more. Many companies will refrain from hiring convicts because they do not want to be charged with negligent recruitment and they want to provide a safe working environment to existing employees.

If you have a criminal record, you may also have a tough time finding a job in an organization that requires security clearances (i.e. banks, financial institutions). Being dishonest about your criminal record is never a good idea, as most companies will run a background check for criminal records regardless. If you have been convicted of a felony, you may also be unable to vote, serve on a jury or hold elective office.

A criminal record can also affect your ability to travel to other countries. Most visa applications will ask about any convictions and some countries will deny anyone with prior convictions. Other countries will deny entry only to those convicted of specific crimes, and some countries have no restrictions to criminal records. Regardless of whether you want to travel in the future or if you want the liberty to apply for any job, having your criminal record vacated is beneficial to your future in every way.

Who Are You Going to Call?

Clearing your criminal record can be difficult and extremely complicated without the help of a knowledgeable Minnesota Criminal Defense Attorney. There are certain circumstances that must be present in order to remove a criminal charge from a person's record, and you need the assistance of a legal expert who can guide you through the entire legal process. Contact The Rolloff Law Office today to start the process. Call or Text: (612) 619-0262.

Minnesota Assault Charges (Explained)

What is considered an assault crime? Under the laws of the State of Minnesota, an assault is an act done with intent to cause another injury or imminent fear of injury in another individual.  This offense is generally broken down into a number of categories, or degrees.

If you are accused of an assault crime, then you could be looking at more than just a slap on the wrist. Most assault crimes are considered felony offences and come with a long term prison sentence, hefty fines and restitution to the victim if convicted.

Some of the various assault crimea that  Minnesota Criminal Defense Attorney J. Rolloff defends includes:

 First degree assault
 Second degree assault
 Third degree assault
 Forth degree assault
 Fifth degree assault
 Domestic assault
 Sexual assault cases

Living with an assault conviction can be extremely difficult. However, an assault accusation is not an automatic guilty sentence!

Do not accept defeat! If you have been arrested or accused of assault, then an experienced Minnesota Assault Lawyer will be able to assess your situation, determine your options for defense and ensure that your legal rights are protected before, during and after the court process.

An allegation, accusation or arrest does not mean you will be automatically found guilty – an experienced Minnesota Criminal Defense Attorney can help clear your name so you can move on with your life.

If you have been arrested for an assault crime, it is important to remain as calm as possible. Stay out of the limelight and avoid triggers that could make the situation worse. They may include drugs, alcohol and certain people. You want to avoid an assault conviction at all costs. Even after you have served your time, an assault conviction will remain on your permanent criminal record which can be accessed by potential landlords, employers, schools and financial institutes. They may be hesitant to work with you if you have this serious felony offense on your record.

What is at Stake?

If you are charged with assault, you are looking at anywhere from 90 days in jail to 20 years in prison, depending on the severity of the crime and the circumstances surrounding the events. You could also be looking at a fine of anywhere from $1,000 to $40,000.

While first, second and third degree assault crimes are considered felony offenses, fourth and fifth degree crimes are considered gross misdemeanor and misdemeanor offenses. If this is not your first offense, you could be looking at an even longer jail term. In some instances, an assault accusation may be linked to another crime, such as a robbery or a sex crime. You could also be looking at even more severe punishments if you are facing more than one degree of assault or if you have a past criminal record or history of assault.

What Should You Do?

Minnesota Criminal Defense Attorney, J. Rolloff has years of experience - from both sides of the aisle - in all manner of assault case and can provide you with the legal services you need during this difficult time. For affordable payment options, aggressive representation and confidential legal advice when you need it most, contact The Rolloff Law Office today at (612) 234-1165.

Avoid a Minnesota DWI (After You've Been Pulled Over)

I don't think that anyone ever plans one being pulled over by the police for a DWI but if you are one of those types who likes to be prepare for every eventuallity, then here are some helpful tips.

Propbably more than any other criminal offense, law enforcement is often hard at work arresting people for Drunk Driving.  Believe you me, the cops are looking to make arrests and in the process often arrest perfectly innocent people or shortcuting  investigation to make their stats.

So what should you do to make sure you are not falsely convicted of a Minnesota DWI? 
Here are five practical tips you can follow to protect yourself and your rights:

1. Shut up!

The consitution affords you the right to remain silent; so use it.  It’s amazing how many people try to reason with the officer and end up talking their way into trouble instead of out of it.  Don’t tell them where you are coming from; don’t tell them where you are going.  Just give them the requested documents and identification information and stay quiet.

Sure, the police will try to pressure you to talk.  They may lie and say things like “Looks like you’ve got something to hide” or “By not cooperating you’re only making things worse for yourself.” Don’t fall for these lies and pressure tactics.  Politely answer: “Officer, I choose to use my right to remain silent”.
Remember, “ANYTHING you say, can and will be used against you in a court of law.” But, your silence can never be used in that manner.

2. Don’t Blow

The portable breath testing (PBT) machines that the police use in the field are very inaccurate. Even if you have had nothing to drink, the faulty technology in these machine can still produce an erroneous result.  The good news is blowing into them is 100% optional. So, refuse it.

Your refusal to blow into these devices cannot be used against you in the State of Minnesota  Granted, failure to do as much might lead to your arrest - but if the officer intended on arresting you --- then this test was going to be your saving grace anyway.  (Note: You you do have to submit to the request for a blood, breath or urine sample asked of you back at the cop shop.  If you do not, you maybe charged with a DWI Refusal.

3. Don’t Do the Field Sobriety Tests

Sometimes police officers will ask you to step out of the vehicle to perform some physical tests like the Walk and Turn, a one-leg stand and/or follow-my-finger-with-your-eyes test.  Like the PBT, these are also completely voluntary and can only cause you trouble.  Many sober people have physical conditions that may cause them to fail or they might be clumsy or nervous.   This is why you are better off staying put and refusing.

4. As Soon as Possible: Write Things Down

Make sure to take notes so you don’t lose track of important facts. Don’t give it to anyone.  Make sure to note the time of stop, where it was made, weather conditions, the name of the officer, names of witnesses and any other possible details.  Details win cases and the more you have the stronger your case can be.  (Believe it or not - law enforcement can be sloppy.  If they fail to dot their I's or cross their T's --- that could be your saving grace.)

5. Get a Lawyer. Fast.At the first opportunity possible call an experienced Minnesota Criminal Defense Attorney and get some answers.  Many matters in a DWI case are time sensitive and contacting a lawyer early on can greatly increase your chances of a successful defense.

DWI defense is one of the cornerstones of my practice. Please do not confused what I have offered here as a "get out of jail free" card.  Rather, I'm relating to you some of my knowledge from having had not only defended many DWI cases - but also the hundreds that I prosecuted.  I take Drunk Driving very seriously and encourage everyone to make responsible decisions.  I'm not encouraging people to drive while intoxicated. In fact, what I'm trying to do here is encourage innocent people to be aware of their rights and use them to protect themselves against false conviction.

If You need help call the Rolloff Law Office today - (612) 234-1165.  Take the next right step.

Minnesota Public Defenders (Explained)

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Here's a question I wrestle with all too often: Is a Public Defenders the right lawyers for your criminal case? Well, after nearly a decade of working with them, I am convinced they are good lawyers for their "guilty" clients - most of the time.  But, you have to understand, they do not have the time or resources avaliable to them to give you the sort of representation you might expecte when your future is on the line. 

What Does a Public Defender Do?

A typical Public Defender Lawyer in Minnesota handling serious felony cases like Sexual Assault on a Child, Narcotics cases or Robbery and Assault matters will usually handle close to eighty cases at a time. A misdemeanor Minnesota Public Defender lawyer can carry a caseload of over a hundred at a time. With this heavy caseload, no lawyer can do their best work for you. They are forced to choose which cases to pour themselves into.  Essentially, their like the doctors on MASH (albeit not as funny) - performing triage. This means they work hard to plea bargain as many as possible, so they have time to invest in cases where mandatory prison or heavy jail sentences are the norm. Triage of cases does not mean the Public Defender does not care about you. They propbably care a lot; howevcer, they simply cannot devote the time to your case that an experience Minnesota Crimnal Defense Attorney like I can.

What Can You Do?

Your experienced Minnesoat Criminal Defense Attorney should invest themselves in your case. Like myself, they should worry about the next step in your case, be concerned about contacting witnesses, and treat you like family. You lawyer should get angry with the abuses of police and the refusal of courts to care whether you keep your job or maintain contact with your children.

I have experience informing and persuading the court, DAs and probation officers, of unintended consequences of a crimnal charge/sentence. Trust me - you need an advocate to save what is important to you, and a Public Defender simply does not have the time to invest in all these matters.

I meet with witnesses or investigators to go meet witnesses. I travel to the scene of a crime and get the feel of what happened. I spend time working with you, reviewing the evidence against you --- preparing you for court.  As your lawyer, I care about what happens to you and I invest the time to prove it. When the police contact you, make an immediate decision to exercise your Fifth Amendment Right to silence, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your rights and your future.

Dear Potential Client...

I've been doing this long enough to know that someone who has been charged with a DWI and/or Drunk Driving has A LOT of questions.  Although no two cases are the same, the concerns by those that I represent are often quite similar.  As such, I thought I would take some time to offer a few thoughts on the three most frequently asked questions and/or concerns.  Hopefully, you'll not only better be better able to know what you need when you're considering hiring a Minnesota DWI Attorney - if you choose to retain The Rolloff Law Office, you'll know upfront what you're getting and what your money is going toward.

#1.  If You're Only Thinking About Price - You're Not Thinking Right

Believe it or not, the most expensive attorneys are not always the best attorneys.  However, when you only think about price - and you're dead set on going with the least expensive option - you often end up getting just what you pay for.  Understanding that, what's an individual to do?  

As a former prosecutor, I saw that too many defendants were overcharged and underserved by their lawyers.  That is why, when I set up my office, I looked at those things that were essential to defending my clients and I set my fees with that in mind. I like to say, I put my money where my heart was.  As such, if you visit my office, you're not going to see fancy pictures on the walls or fountains in the lobby - that stuff doesn't protect you or your family or your future.

That being said, I'm certaninly not the most expensive Minnesota Criminal Defense Attorney out there - but I'm not the cheapest either. 

Here is something to consider - the legal services provided by an experienced Minnesota Criminal Defense Attorney are not a commodity.  What one attorney does is unique to him or her - no two lawyers are the same.  Some are better than others, some actually answer the phone when you call and some actually take the time to explain what's going on with your case - and how that effects you.

Because we're not all the same - we all don't charge the same price. Like with professional atheletes, if you want a "Joe Mauer" you have to pay for that premium talent. But, that's not to say, you can't find a hardworking up and commer at a steal, who'll put his heart and soul into your case - and you'll know that your money was well spent. 

If you or someone you love has been charged with a Minnesota DWI and you're only considering the cheapest attorneys out there to help you - then you might not want to call me. But, that being said, if you want your hard earned money going entirely toward defending your future and your rights - with someone one who puts your questions, and your concerns 1st - then maybe we should talk.

Remember, a Drunk Driving conviction will be with you for a long time. In addition to the penealty imposed by the court, your driving privileges, employment opportunities, and ability to travel internatinally may also be impacted. In addition, there could be immigration and addional financial consequences to consider.  Therefore, when choosing an attorney to help you - focusing on the short term (ie., price) should not be your only consideration; you also need to consider the long term ramifications and how an attorney will assit you down the road.

#2 - I Can't Guarnetee That You'll Beat Your DWI Charge

Don't get me wrong, I believe that every DWI case can be won. But, because the government essentially holds all of the cards, and in their minds an arrest all but equals a conviction, victories don't come easy. What this often means is that, if you want to win your case - if you want to beat your DWI outright - you're probably going to have to dig in for the long hall and push the matter to trial (and even then, nothing is a given.)

I understand that time are tough, financially and otherwise.  The same goes for us Minnesota Criminal Defense Attorneys. For some, tough times, often call for desperate measures. 

Oh, the things I've heard about how other attorneys often try to get business - offering up any and everything to get a fee - by all but insuring that they will get their clients a NOT GULTY result.  Maybe they can back that up, but because my experience is that nothing in the law is certain, to me - it smacks of desperation.  And, the last thing someone facing all of the turmoil that often accompanys a DWI arrest needs is a representative who is desperate - who is only looking out for that next fee and who after getting their client's money does little in the way to have actually earned it.  Often, fee generation, and not what's best for their client is the number one motivator. This does not help you.

The reality of Drunk Driving defense work is that there is no such thing as a guarentee. Often the final result will depend on factors outside the control of even the best attorneys. Therefore, to get good results, you need a lawyer who will be willing to put in the time and effort to root out the weaknesses in your case - someone who'll put in the time and effort to get ytou the results you desire. 

It might sound corny, but I treat my clients like family - and like you, I'd do anything for my family.  But there are also those times, you need to "cut to the quick" and talk straight.  If you want someone by your side - figthing to get you the best possible result under the circumstance, and who'll tell you the truth no matter what - then maybe we should talk.  

3. Choose the Minnesota DWI Attorney Who Sent You that Mailer at Your Peril. 

There's a plan that Minnesota DWI Lawyers can buy into that daily checks out a county's arrest records and then sends out a letter to anyone who has been arrested for Drunk Driving.  These mailings usually try to scare the crap out of you - screaming that because of your arrest your life is ruined, telling you that you must act immediately to get help and asserting that (although they know nothing about the facts of your case) they can take care of evey aspect of your case and an unbelieveably low price.  

The lawyers that use this type of service arent bad guys, but I do question their tactics.  Fear, although a strong motivator, is not the best way to demonstrate the sort of care and compassion you need when facing this sort of dillema.  Also, I have an issue with the "low prices" often cited in these mailers. How can someone quote you a price without knowing a little something about your case, about your questions and about your concerns?  No two DWI cases are alike, therefore, how can someone - based on your arrest alone - know the things that are necessary to you and your case?  Somone who quotes you a price, without knowing anything about you and your case - in my humble opinion - is someone you should look out for - because odds are - they're not to keen about looking out for you.

Sure, lawyers need to advertise their services to be seen - to let people know what it is that they do. But if they are already playing to the lowest common denominators - before you even talk to them (price, fear, connections,) in my opinion, that's not a good sign.

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney and DWI Lawyer, to set up a free – no obligation - consultation.  Feel free to reach me in confidence at 612.234.1165 or jay@rollofflaw.com