As an experienced Minnesota Criminal Defense Attorney, I often get questions about controlled substance cases. The most common are about 5th Degree Possession of drugs an the penalties one might expect.
Fifth degree possession of drugs is the least severe felony drug possession crime in Minnesota. It carries a maximum penalty of up to five years in prison or a $10,000 fine. The court can convict you of this offense - not only by possessing controlled substances, but also by obtaining or attempting to obtain them using fraud or deceptive means, such as claiming to be a medical provider or using forged prescription documents.
How to Defend Yourself
The defenses for this charge vary from case to case --- common ways include:
Illegal Search: the first area to look at is whether the police obtained the drugs lawfully. In many cases, a Fourth Amendment or Fifth Amendment challenge could be brought arguing that the police violated the defendant’s constitutional rights and that the drug evidence should be suppressed.
Legal Possession: another area to look at is whether the defendant could legally possess the substance. It is not uncommon for a police officer to charge someone with a drug crime if they do not have evidence of a prescription available. However, if a prescription can be produced, it will likely result in a dismissal of the case.
Entrapment: In cases involving a controlled buy, there may be an argument that the police conduct induced you to purchase the controlled substances. However, the elements can be difficult to show and are heavily fact-specific. A criminal defense lawyer can advise whether this defense may apply.
Stay of Adjudication and Diversion
A program available for most first-time defendants charged with fifth-degree possession is to enter a treatment program and either have the matter diverted or receive a stay of adjudication. Diversion or a stay of adjudication can prevent a conviction from appearing on your criminal record if you comply with all requirements. This allows for an opportunity to avoid the many negative collateral consequences of having a felony drug conviction. You can also ask - at a later date - to have your charges/case sealed/expunged.
If you are facing a drug charge in the State of Minnesota, I suggest that you strongly consider contacting an attorney. Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165
If you have been accused of Theft --- you might want to consider contacting an experienced Minnesota Criminal Defense Attorney.
What is Theft?
Minnesota Law defines Theft as the intentional taking of property that is not yours.
This can be a temporary or permanent taken, but as long as someone takes it without permission, a Theft has been committed.
Common types
of theft include shoplifting, swindling (or tricking) someone into
providing services without paying for them, writing a bad check (or a check
without enough money in the bank,) using a vehicle without permission,
forging a check, or wrongfully obtaining public assistance (welfare
fraud).
Consequences
The penalties for Theft offenses in Minnesota vary depending on
the specific type of theft charge. Thefts involving money or goods in value up
to $500 are Misdemeanors --- punishable by up to 90 days in jail and a
$1,000 fine. Thefts involving money or property of up to $1,000 are Gross Gisdemeanors punishable by up to 1 year in jail and a $3,000 fine.
Thefts involving money or property over $1,000 are felonies punishable by
at least 1 year in prison or more.
What Should You Do?
The Rolloff Law Office has recently represented a number of clients accused of Shoplifting/Theft --- some cases involved switching price tags, walking out of the store with paying for an item,eating food in a store without paying for it, or return fraud. This is an extremely common crime in Minnesota. Stores, especially large retail chains, use a vast array of methods to combat this, using cameras, undercover store security, magnetic sensors, and electronic article surveillance.
If you need help (or more information,) feel free to contact us today for a FREE CONSULTATION: (612) 234-1165.
So, you have some questions about whether you might need the services of a Minnesota Criminal Defense Attorney. Here are a couple of things you should strongly consider.
Do I a Lawyer?
Anyone acing a criminal charge, no matter how minor, could benefit from speaking with an experienced Criminal Defense Lawyer. Even if you never hire him, a FREE CONSULTATION will help you to understand the nature of the charges you face, possible defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.
For serious charges, it will be a rare situation where one can "do-it-themselves." When the consequences are huge/serious ... a lawyer can assist with (at the least) the negotiation of a plea bargain, or to prepare a case for trial.
What Should Your Lawyer Know?
An experienced Minnesota Criminal Defense Lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.
How Much it Cost?
The cost of a lawyer can vary significantly --- depending upon the nature of the charges which have been filed (or which are expected to be filed) against the defendant --- and what needs to be done - ie., a trial and/or plea bargain. As a general rule, lawyers will typically require a large fee for a complex case ... less for a simple one. The amount of a retainer fee will also typically increase with the severity of the charge filed against a defendant.
Misdemeanors & Felonys
In a misdemeanor case, , it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.
Where to Find a Lawyer
It is unfortunately not always easy to find a good criminal defense lawyer. Here are some suggestions:
Professional Organizations - Each state, and some counties/cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.
Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.
Directories - There are a number of online directories which include criminal defense lawyers, including LegalMatch.com, Lawyers.com and FindLaw.
After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours. Call the Rolloff Law Office - today - to set up your FREE CONSULTATION: (612) 234-1165
If you or someone you know has been arrested for DWI or drunk driving, here are a few initial things to know:
1. Consider Contacting a Minnesota DWI Attorney
When ever your facing a situation unknown to you, it is a good practice to bring yourself up to speed --- to get information --- before you make a decision which will (likely) have longstanding ramifications. An experienced Minnesota Criminal Defense Attorney can ensure that your arrest is handled properly and that you receive the best result under the circumstances - including a dismissal. If you are unsure about the process, an experienced drunk driving lawyer can help you understand the process and make you aware of your options.
2. Consider Challenging the License Revocation
As part of most Minnesota DWI arrests, the accused may have their driver’s license revoked, their license plates impounded, and/or their vehicle forfeited. If you want to challenge these things, you need to file, in a timely manner, paperwork with the court. In addition, the time to file these challenges is limited to between 30 and 60 days. If this seems like something you might need help with --- consider contacting a lawyer.
3. Be Proactive
Most DWI convictions will include - as part of the criminal sentence - certain obligations, including: a chemical dependency evaluation and attmedence at a MADD Victim Impact Panel. If you do those things before the judge orders you to do that ... you maybe able to earn a better outcome for your case by a more open minded DA and judge who'll see that you are "working on the problem."
If you are facing a Minnesota DWI, DUI, or drunk driving charge, call The Rolloff Law Office for a free consultation at (612) 234-1165.
Did you know that if something you say can be overheard by anyone other than your lawyer, what you are saying can be used against you in a court of law? Did you know that certain emails are not automatically confidential – even if you’re sending the e-mail to your lawyer? The attorney-client privilege is a powerful tool that becomes available to you from the moment you first consult with an experienced Minnesota Criminal Defense Attorney about your case; the privilege becomes more protective and comprehensive as soon as you hire your attorney. What is it?
The attorney-client privilege basically states that anything you tell your lawyer in the course of your lawyer’s representation of you is confidential and cannot be revealed by your lawyer to anyone without your consent.
When Does it Apply?
The attorney-client privilege also applies to all information relating to your representation, whether provided to you attorney by you or by any other source – including the prosecutor. This privilege exists because the law recognizes that trust is a hallmark of the attorney-client relationship and that only through communicating fully and frankly with his or her attorney can an attorney represent his or her client effectively.
When you are communicating with an attorney about your case, if your conversation can be overheard, it is not confidential. This is why the Rolloff Law Office recommends that you don’t speak to your friends and family about the facts of your case – because you never know who else could hear your conversation, or where that information could end up. This is also why we prefer to speak with you on the phone or in our office: Telephone conversations and in-person office conversations ARE confidential, privileged communications and CANNOT be used against you.
If you've recently caught a criminal case - call today to set up a FREE CONSULTATION: (612) 619-0262
