Apple Valley Shoplifting Attorney

Theft is a term that encompasses various offenses. It is the defined as the act of taking services or property from another individual intentionally, and with the intent to deprive the owner of them permanently, without their authorization or consent.

Theft crimes can be categorized as felonies, misdemeanors or gross misdemeanors --- the of offense is typically determined by the value of the services or property stolen, the person you allegedly stole from, and whether the theft involved a dangerous item such as a weapon, explosive, or vehicle.

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In Minnesota a theft charge may lead to harsh penalties such as hefty fines and imprisonment, mandatory counseling, community service, and paying restitution to the alleged victim. Moreover, since theft is viewed as a crime of dishonesty a conviction will make it very difficult to find employment and even housing.  This is why you should seek some professional insight from an experienced Minnesota Criminal Defense Attorney.  

Because of the seriousness of a theft/shoplifting charge, it is important that you have a lawyer with a proven track record in criminal defense help you.

The Rolloff Law Office has extensive experience and has had great success in defending shoplifting/theft criminal cases. 

Time and time again, I have won DISMISSALS and NOT GUILTY verdicts for my clients in Theft cases. 

Call me --- I'll explain the best defense strategy and how I will fight to win your case. You are presumed innocent. Just because you have been charged with theft does not mean you are guilty.

To protect your future, call The Rolloff Law Office  today: (612) 234-1165.

Minnesota Domestic Assault - Explained

A Minnesota Domestic Assault conviction can have serious consequences. Not only would one face the possibility of going to jail - such a conviction could also be used against you in a child custody dispute and/or divorce.  It could also cause you to lose your gun and hunting rights.  You could also be subjected to costly and intrusive treatment programs. If you or someone you love is facing such charges - you need to put up a fight ... and you should talk to an experienced, aggressive Minnesota Criminal Defense Attorney.  

How an Attorney Can Help

You really need an expert to examine the allegations and identify the best defense strategy for your case. A lawyer can help prove that the accusation against you is false and/or was made up in the heat of an argument, as retaliation, or to gain an upper hand against you in a divorce or other court proceeding. He can also rove you that you acted in self-defense or that you did not have the requisite intent to cause the harm.


Domestic Assault Information

According to Minnesota law, domestic assault is defined as either the intent of causing fear of death or immediate bodily harm upon another, or an attempt to inflict or the actual infliction of bodily harm upon another.

Domestic assault is assault on a family member or household member, including any of these relationships:

Parents and children
Spouses and former spouses
Individuals related by blood
Individuals who are currently living together
Individuals who have lived together in the past
Individuals who have a child in common
A man and a woman, if the woman is pregnant and the man is alleged to be the father

Domestic assault is considered a misdemeanor if it is a first-time offense or if the offender has had no convictions related to domestic violence in the past 10 years.

It is considered a gross misdemeanor if the offender has had one conviction related to domestic violence in the past 10 years.

Domestic assault is considered a felony if the offender has had at least two convictions related to domestic violence in the past 10 years. Penalties include up to 5 years imprisonment and/or a $10,000 fine.

Domestic Assault by Strangulation

By definition, strangulation is intentionally obstructing another’s blood circulation or normal breathing by putting pressure on the neck or threat, or by blocking another’s mouth or nose.

Domestic assault of a family or household member by strangulation is considered a felony. Penalties may include up to 3 years imprisonment and/or a fine of up to $5,000.

You are presumed innocent. Just because you have been charged with Domestic Assault does not mean that you are guilty. To protect your rights and your future, call the Rolloff Law Office at (612) 234-1165

How to Deal With The Police (Explained)

Although you probably don't need an experienced Minnesota Criminal Defense Attorney to tell you this --- a lot of it is common sense --- there is a good way and a bad way to "act" when one has contact with law enforcement.  Here are some simple "dos and don'ts." 

1. Do be polite with the police officer;
2. Do identify yourself correctly;
3. Don't argue with the officer;
4. Don't try to explain or make excuses to the officer;
5. Don't discuss your situation with anyone, before talking to an attorney;
6. Don't discuss your situation with anyone else, while you are in custody;
7. Don't try to "make a deal" with the police officers;
8. Don't make any statements to the police, for any reason;
9. Don't sign any statements for the police as the price to go home; and
10. Call The Rolloff Law Office!

If you really want to know more, call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165.

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 Theft Charges (Explained)

Being charged with Shoplifting or a Theft crime can be a real wake up call. You may have made a big mistake or had a lapse in judgement that you seriously regret.  Or you may be completely innocent! Cases of mistaken intentions happen all the time. Either way, you have to know your rights and - if warranted - fight the criminal court system now, and an experienced Minnesota Criminal Defense Attorney can help.

Under Minnesota law, Theft offenses are quite varied. You can be charged with a crime if you walk out of a store forgetting to pay for your purchase and/or if you do con someone out of of a personal possession.  From my time as a prosecutor, I know the  "ins" and "outs" of Minnesota's Theft laws (as well as what motivates the government) and can use that inside knowledge to make sure that you get the results you deserve.

I'll also work to see that your rights are protected at every stage of the process - ensuring that you get the best possible result on your day in court.

What To Do Next

Take the next, right step.  Call the Rolloff Law Office today for a free consultation.  The government has lawyers working against you.  It's time to get someone on your side who knows the ropes and will use that knowledge to protest your rights and your future.  Call (612) 234-1165 to begin the process of reclaiming your freedoms.

Minnesota Misdemeanors (Explained)

In Minnesota, a Misdemeanor is defined as an offense that is punishable by up to 90 days in jail and a fine of $1,000.

The most common Misdemeanor charges include moving violations such as: Careless and Reckless Driving, Underage Drinking and Driving, and Driving After Revocation, Suspension and/or Cancellation. Some non-moving Misdemeanors include Fifth-degree Assault, Domestic Assault, Drunk Driving, and Shoplifting.

Most Misdemeanors are assessed by a citation - which can be hand delivered or mailed to you.  The ticket usually lists a court date on it. Some citations may simply be taken care of by paying a fine prior to the court date.  Some charges require you to appear in court.

The first court appearance in a Misdemeanor case is referred to as an "arraignment." At this hearing, the individual who has been charged will be advised of their rights and may enter a guilty or a not guilty plea.

If a guilty plea is entered, the Judge will usually impose the sentence at that time. Penalties often include a fine, jail time, and other conditions during a period of probation.

If a not guilty plea  is entered (and sometimes this can even be done without your having to appear in court - through your attorney) the matter is then set for a Pre-Trial hearing. At the Pre-Trial, the prosecuting attorney and the defense lawyer will attempt to reach a resolution. If no resolution is reached at this hearing the case is usually scheduled for a jury trial. In misdemeanor cases, both the State and the defendant may present evidence to a jury of six - or to a judge sitting alone.

What Should You Do?

If you have been charged with a Misdemeanor your next best move is to call an experienced Minnesota Criminal Defense Attorney for information about your legal rights and how to defend your case.  For a free consultation, call the Rolloff Law Office at (612) 234-1165. 

Pleading "Guilty" the Right Way

I understand that the optimal result for anyone charged with a crime is to see it dismissed or in the alternative to have a judge or jury find them not guilty.  However, there are those times - whether it's that the State's case is a strong one or a client just wishes to not have a trial  and to be done with the whole affair - that I am tasked with answering one of the most difficult questions a defense attorney has to hear: "If I (have to) plead guilty - is there anything that can be done to lessen how that will look on my record?"

How Do I Plead Guilty?

As a former prosecutor and as an experienced Minnesota Criminal Defense Attorney, I know that proper representation can have a huge impact on limiting the impact that a "guilty" plea will have on an individual's record.  Believe it or not, there are a number of alternative dispositions (short of a plea of a straight-up "guilty" plea) that are used to conclude cases everyday in courts throughout the state.  Some of these options include:

I.   Certification of an Offense as a Petty Misdemeanor

The answer to the question: when is a crime not a crime - is when that crime/offense is charged as and/or reduced to a Petty Misdemeanor. According to statute,  petty offenses do not constitute crimes.  Therefore, if say the Misdemeanor you were initially charged with is later reduced to a Petty Misdemeanor - at any date in the future if you are ever asked if you have been convicted of a criminal offense - as it concerns that offense - you can truthfully answer "no."

II.   Stay of Adjudication

Under a stay of adjudication, an individual admits to facts in court that would support a conviction; however, instead of accepting the plea, a judge (after an agrrement has been reached with the government) withholds a finding of guilt, for a period of time, usually on the condition that that individual do (or do not do) certain things.  If you sufficiently comply with those conditions, the matter will ultimately be dismissed and the plea will be vacated.

III.   Continuance for Dismissal (and/or Without a Plea)

This outcome is similar in form to a Stay of Adjudication - insofar as the ultimate result could end up being a dismissal; however, instead of setting forth facts that would support a conviction, the government usually agrees to end its prosecution after a certain period of time - provided that the offender pays some prosecution/court costs and/or is not charged with any same or similar type offenses before that time period expires.

IV.   Stay of Imposition:

For more serious offenses, like Felonies, an individual may plead guilty (or even be found to be guilty;) however, instead of sentencing him/her on said Felony - judges can stay imposition of the sentence for a period of time on certain terms and conditions. If the individual complies with those terms, their Felony "conviction" could ultimately be reduced to/designated a Misdemeanor.  As such, all the collateral consequences that go along with a Felony conviction should not be a factor in your life going forward.

V.   Diversionary Programs

Certain cities and counties have programs in place that allow individuals to avoid a conviction if they agree to participate and comply with the terms of these classes. An example would be if someone successfully completed traffic school - a moving violation would be dismissed.

What Should You Do?

At the end of the day, as with almost anything involving the government, there are no guarantees that you'll be afforded any of these opportunities. However, retaining an experienced Minnesota Criminal Defense Attorney may afford you a better chance to negotiate such an arrangement - on almost any type of charge.

If you want more information about your rights and to discuss how an attorney might be able to negotiate a result for you that works, contact The Rolloff Law Office today to schedule a free, no obligation consultation.

Arrests Don't Always Mean Convictions - Part 3

As I've gone on about before (and before,) just because someone is arrested - that does not mean that he or she will be convicted.  Upon a first reading of these facts - a driver crashes, has contact with someone who for all intents and purposes appears to be a police officer, is asked to have his blood tested to determine its alcohol content and refuses to do so - one would think that he's guilty violating Minn.Stat. § 169A.20, subd. 2 - which says that it is a crime if a driver refuses a request to take a chemical test to determine the alcohol content of his blood, breath or urine.

However, as the supreme court points out, that request for a test needs to be made by an actual police officer --- not just someone who holds him out to be one.

Granted, this issue is a novel one - and may not soon be repeated; however, this is exactly what keeps this country from becoming "police" state. 

If you're ever charged with a crime, you deserve to have every stone overturned, every fact examined and every issue analyzed.  Some people can do this for themselves, but just as you might not trust your next medical procedure to an untrained friend or family member - if you've been arrested, you owe it to yourself (and to your future) to contact an experienced Minnesota Criminal Defense Attorney.

Just because you've been arrested and charged does not mean that your fate is sealed.

Working with a Lawyer - The Top 5 Questions

When looking for an attorney - do you know what questions you should ask - factors you should consider?  Price, experience; male female, tall short, real or tv character?  Here are some important things you should take into account when deciding to hire an experienced Minnesota Criminal Defense Attorney.

1. Is the lawyer a generalist, or does he/she specialize in one type of law?
2. Has the lawyer handled cases like yours before?
3. What kind of outcomes can the lawyer predict for your case?
4. How will your attorney inform you of the case's progress?
5. What style can you expect from the lawyer: aggressive or open to settlement?

I believe that the lawyer-client relationship is at its strongest when the two people truly understand one another.  Before becoming a Minnesota Criminal Defense Attorney, I worked as a prosecutor.  That experience provided me an insight that I believe better serves my clients. I've see good and not so good attorney; I've seen clients that were over charged and under served. I know how to do this job poorly (having heard my fair share of sob stories) - I just choose not to do it that way.

In the end, my knowledge of the government's motivation and tactics affords me a unique opportunity to better serve my clients - and in doing so I can better negotiate positive outcomes for them my clients as well as win them well-earned acquittals.

If you - or someone you loved - has been charged with a crime, the first-best thing your should do is contact an experienced Minnesota Criminal Defense Attorney.

Arrests Don't Always Mean Convictions - Part 2

Sometimes you have to keep fighting. If you lose at trial, you take your case to the court of appeals. If that court doesn't get it - then you take your arguments to the state's highest court.  As this story points out, sometimes you have to keep shouting until someone will listen.

Why?

Because if the cops have failed to do their job - within the rules established by the authors of the Constitution - then your arrest will not stand and you should go free.

Granted, this takes time, effort - and (all too often - a lot of) money. But, if your not guilty - you want to be vindicated - right?

When?

I think most people would agree - the sooner the better.

One way to ensure an earlier success than this poor young lady is to hire an experienced Minnesota Criminal Defense Attorney to look into your case for you. He or she should bring an extensive knowledge of what the government can and cannot do - and then review everything that happened to you through that lens; analyzing the police investigation, your arrest and even the prosecutor's handling of your case.

If it can be determined that something improper happened - like a bad stop or search , if your property was illegally seized or if your Constitutional rights were violated, your lawyer should seek to get the court to dismiss your case or ask the government to reduce the charges against you.

Sometimes that will happen before the case goes to trial - and other times it comes later --- but if you have the facts on your side - then law should follow. Hopefully that will happen sooner - rather than later.