Finding The Right Minnesota Criminal Defense Attorney

One question a lot of defendant's face is: "Should I hire a private lawyer or just go with a public defender?"  Then, they find themselves asking the following: "What's the difference between the two?  What advantage would a private attorney give me over a public defender?"

These are very important questions to ask yourself if you are ever charged with a crime.  Naturally you would want the best representation possible; right?  But, I know you also want to know ... is it worth paying money to an experienced Minnesota Criminal Defense Attorney when a public defender is free?

Public Defender or Private Lawyer?

To begin with, once the public defender's case load is always very large, and he/she likely has a very limited amount of time to give to each case because of the volume of matter he/she has.  

Public defenders work with the prosecutors to resolve each case as quickly as possible.  Because of the huge demand on their time, it is reasonable to conclude that defendants do not always get the best representation or defense for their cases --- ture?  Having had beena  prosecutor myself, before becoming a Minnesota Criminal Defense Attorney, I have personally observed many defendants get upset and frustrated becasue their public defender has no time to return phone calls, refuse to prepare a suppression  motion, do a preliminary hearing, or take their case to trial, because they don't have the time.

A Private Attorney is somone who is hired by a defendant to represent them in court.  Private attorney's have much smaller case loads, thus they have more time to work on a case, interview witnesses, investigate and meet with the client, even return phone calls.

Hiring a private attorney allows you to shop around, get referrals, research which lawyer has experience in criminal law, and which one is a general attorney, knowing a little bit about a lot of different areas.  Most private attorneys will allow you to come into their office for a free initial consultation.  This way, you can find out how experienced the attorney is, his or her feelings about your case, and the fee you would be charged.

The saying "You get what you pay for" is often very true when hiring an attorney.  The more experience, the better the representation and defense.  If you are charged with a crime, give me a call.  You don't want to chance your future with anyone else.

Have more questions about whether you should hire a lawyer? Please feel free to calI the Rolloff Law Office to set-up a FREE CONSULTATION --- call: (612) 234-1165.  

Affordable Attorneys (Explained)

Finding an affordable Minnesota Criminal Defense Attorney can seem an impossible task, especially during tough economic times.  Unfortunately, this results in many "not-rich: individuals being unable to secure private counsel, which has a number of downsides.  Not the least of which is that the "free" lawyers --- the Public Defenders find themselves overworked, and those accused of crimes find themselves losing faith in the justice system.

Thankfully, there are lawyers, like the Rolloff Law Office, who employ technology (among other cost cutting means) to keep costs down, which should translate to lower overall rates.

First, I maintain an electronic filing system.  Cloud computing has helped lower the risk of data loss, and if files are maintained electronically the attorney can save money on paper, ink and storage.  Electronic files are also easier to search, access, and share.

Second, I use the new e-filing system currently being implemented in many Minnesota courts.  The courts are notoriously slow, and the costs of running government centers and courthouses is enormous.  As a way to save costs, many counties have begun an electronic filing initiative called “e-file.”  Filing court documents electronically will save paper and ink, and help with office management.

Finally, but certainly not least, is the effect of modernity (meaning, my office isn't  a palace --- or a shrine to my ego) Trust me, fancy art on the wall might make you think the lawyer has his sh*t together ... but how does that accomplish your goals.  Seriously, I get just as much done - without having to feed my ego.  Shoot, with a phone, computer, printer and fax machine, a lawyer can accomplish everything they need.

Not all firms are up to date.  Buyer beware: a higher price doesn't mean a better result.  Higher fees might simply be the cost of antiquated methods rather than quality representation.

What Should You Do?

Get the most for your money.  Call today: Rolloff Law (612) 234-1165.  Free consultations... and agressive affordable legal representation.

Fighting a Minnesota Arrest (Explained)

Because I've seen it more times than I care to count (and even I've lived it,) if you have been accused of a crime, my guess is that it has caused to experience a lot of confusion, anger, and a lot of doubt regarding your future. Even if the cops got it wrong, you can't help feeling that if you're convicted, you know that your life could forever change.

Fortunately, just because you've been charged with an offense you do not necessarily have to be convicted of it ... and even if you are --- you don’t have to receive the harshest penalties the law has to hand down.

How?  How about working with an experienced Minnesota Criminal Defense Attorney?

What To Do After An Arrest


If you have been arrested for Drunk Driving, Theft, Domestic Assault, Criminal Sexual Conduct, a Drug Crime or any criminal offense, you should not say anything to the arresting officer or anyone else asking you questions until you have talked to a lawyer.

An experienced Minnesota Criminal Defense Attorney will guide you through the arrest process and also be present with you during questioning so that you do not incriminate yourself. Even if you believe what you are saying is not going to incriminate you, you would be surprised at what can be misconstrued and used against you.

Kick-ass Representation

The key to successful representation is being aggressive while also giving you the legal and the moral support that you need to reach a satisfactory resolution to your case.

Strategies are created to show that there may be reasonable doubt that you committed the crime or that the offense was not as severe as the charge. There are areas of the law that can render charges against a person invalid, so they may be reduced.

What Should You Do

At the Rolloff Law Office, you'll have experience working for you - experience as a former prosecutor.

Trust me, you need someone who has represented individuals charged with all kinds of offenses - at all levels -  and earned successful results.

The Rolloff Law Office  has a history of helping people avoid prison time, even when convicted. The reason for this is powerful negotiating skills when it comes to negotiating sentencing for clients.  Call today for a FREE consultation: (612) 234-1165

Minnesota DWI Court Process (Criminal Cases)

Minnesota Drunk Driving cases - once they end up in court - go down a couple of different roads.  If you are arrested for DWI, not only will you be subjected to the possibility of criminal consequences but in another proceeding (unrelated to the criminal charges) you'll also be faced with the dilemma of losing your driving privilege. 

Here, we'll cover the criminal case DWI process - in another post I'll describe the civil case process.  Of course, this is but a rough out line of what you could face - as each Minnesota DWI case is different.  If you've been arrested for Drunk Driving, your best bet is to speak with a Minnesota Criminal & DWI Attorney about your unique options.

Minnesota DWI Criminal Process
Throughout your case, you may be required to attend a number of court appearances. 

1. The Arraignment

This court appearance is the first court appearance scheduled when the crime being charged is a misdemeanor or lesser offense --- not a gross misdemeanor or felony.  Your presence at this appearance may or may not be required depending on the county and/or court in which you are being asked to appear. 

If you are charged with a misdemeanor DWI, you can often avoid appearing for this first court date by hiring an experienced Minnesota DWI Attorney.  If your appearance is necessary, this is simply an opportunity to either:  (a.) enter a plea of not guilty and schedule a pre-trial (explained below) or (b.) attempt to resolve your case either through dismissal of charges, plea negotiation or other available means. 

 2. Pre-Trial Hearing

This "2nd" appearance goes by a number of different names.  Generally speaking, your presence at this appearance is required. In short, this court appearance is simply to determine if the case can be resolved without the need for further court appearances. 

This appearance is an opportunity for your attorney to:  (a,) speak with the DA about the status of the case and possible resolutions; and/or (b.) arrange for the exchange of additional evidence; and/or (c.) schedule a Contested Probable Cause Hearing (explained below); and/or (d.) schedule the matter for Trial.  In any event, typically no evidence is presented at this hearing and no witnesses need be present.

 3. Contested Probably Cause Hearing

Again, your presence at this court hearing is often required.  At this hearing, your attorney will either:  (a.) request that the Court dismiss all or some of the criminal charges against you; and/or (b.) request that the Court not allow the prosecution to admit some or all of the evidence against you (which can sometimes lead to the dismissal of the charges referenced above). 

Normally, this court appearance will require the presence of any arresting officer or other persons who participated in gathering any evidence that would be offered by the opposing party against you.  On occasion, it may be necessary for your attorney to arrange to have witnesses (who can testify on your behalf) to participate at this court appearance.

4. Trial

Your presence at this court appearance is definitely required.  At this appearance, your case will either be resolved (discussed in general in the Arraignment section above) or continued to a trial.  You have a Constitutional right to have a trial before either (a.) a jury of your peers or (b.) a Judge In either event, you are presumed innocent unless and until the prosecution meets its burden in proving all the elements of the crime charged beyond a reasonable doubt.

5. Sentencing
Your presence at this court appearance is also required.  At this court appearance, the Judge will hand down your sentence (if you have plead guilty and/or have been convicted,) which may involve the stay of imposition of time in jail, fines and other conditions of which you must abide by during the term of your probation.  An experienced Minnesota DWI attorney may be able to negotiate an alternative to jail - such as treatment, Electronic Home Monitoring, release programs or community service.  If your case comes to this, we'll have an opportunity, prior to the sentencing, to discuss the possible outcomes.

Before any of what is set-forth above, if you have been arrested for a DWI, you owe it to yourself to speak to an attorney to learn what's in store for you.  Call the Rolloff Law Office today - at (612) 234-1165) - to speak to someone who knows what you'll need to know.  All initial consultations are FREE - so do it!

Were You Read Your Rights?

If there's one question about arrests that I, as an experienced Minnesota Criminal Defense Attorney, answer more than any other it's about the reading of your rights.  Maybe it's because of all of the cop shows on TV, but individuals really know that the police have to read you your rights - but what is often lost in all of the info-tainment is the why, the when and the how of the Miranda warning.  Hopefully this post clears up some confusion.

What's Required?

"In Custody" Requirement This definition is important, and often raises issues which must be sorted out by the court in an evidentiary hearing. You must be in custody for this law to apply to you.

What does it mean to be in custody? In Minnesota it generally means that you are not free to leave, and this restraint must not just be temporary. However,k courts will allow people to be held for officer's safety without implicating the Miranda warning.

Now, while I would never agree that there is a proper distinction under the Miranda case law, many judges do. So, as aggressive Minnesota Criminal Defense Attorney working for your freedom, I'll work to draw the court's attention to case law which supports your facts and argue application of Miranda.

"Interrogation" Requirement Interrogation or questioning is the second component of the Miranda rule. "Interrogation" usually means the police are asking you something more than your name and you are responding to those questions. If you volunteer information to the police and just start talking to them, it is completely admissible against you - even if you are in custody. So, don't volunteer information to the police. We always advise our clients to never give any statements to police, but those you volunteer are the most dangerous.

Remedy for a Violation of the Miranda Rule

People call tell me all the time that the police did not read them their rights, so they want the case dismissed. Sorry to say - it just doesn't work like that.  The best case scenario for a violation of the Miranda rule is that what you said will not be admissible at your trial. Now, this can be a huge development in your case. However, many times it is not that important because police have the same evidence you gave them from other sources.

What Should You Do?

My best advice is to not make any statements to the police. They are not your friends and there is only one reason they want to talk to you: to gain evidence to use against you. They often do not care about what actually occurred and are only trying to gain information to use against you. Don't be fooled into thinking they are your knight in shining armor and will save you. They are your opponent. Your criminal defense lawyer is your only friend.

So, if you are contacted by police or arrested, be smart, exercise your right to remain silent, and call us the Rolloff Law Office at once, at (612) 234-1165. Together, we can protect your future.

Minnesota Criminal Defense - Top 10 Constitutional Rights

With all apologies to David Letterman... these are (IMHO) the 10 Most Important Constitutional Rights you and I have.  If you or a loved one is facing criminal charges, it is imperative that you understand that you have rights. The paramount one being the right to retain a Minnesota Criminal Defense Attorney. The accused is guaranteed the right to legal representation, whether the attorney is appointed for him or he hires a private attorney.

10.    Right to an attorney;
  9.    Right to effective assistance of counsel;
  8.    Right to cross examine and confront witnesses;
  7.    Right to testify on one's own behalf;
  6.    Right to remain silent;
  5.    Right to a speedy trial;
  4.    Right to use courts subpoena power to compel witnesses to testify;
  3.    Right to a jury trial (in most cases);
  2.    Right to an impartial jury; and
   1.   Right to produce evidence on your behalf.

Hmm... that seemed funnier when Letterman did it.  But seriously, these things are important.  If you find yourself charged with a crime you owe it to yourself to at least talk to an attorney about your options - and learn how a conviction could impact you both in the short- and long-term.  Court, judges, prosecutors --- this is all serious stuff.  Don't go it alone.

If you need answers to your legal dilemma, feel free to call the Rolloff Law Office at (612) 619-0262 to set up a free, no obligation consultation today. 

Minnesota Court Appointed Lawyers (Explained)

If you are charged with a crime in the State of Minnesota, you have a right to be represented by an attorney.  If you can't afford one, the court can appoint one for you.  These people are called public defenders. Often I'm asked: which is better  a court-appointed attorney or a private lawyer?  Well, in the end, that depends on you, your case, and what you'd like to see happen.

Court-appointed lawyers are assigned based on an individuals ability to pay.  The less wealth you have, the better your chance of getting a "free" lawyer.  That being said, at no time are you ever required to settle for a court-appointed lawyer. As is your right, you have the option of representing yourself or hiring an experienced Minnesota Criminal Defense Attorney.

As a matter of fact, a number of my clients have originally had a court-appointed attorney, but later chose to leave that person and hire me. 

Why?  Well, I'm often told that my clients come to me because their court-appointed attorney is failing to give their case the attention and aggressiveness a proper legal defense requires.  Believe it or not, I get their point.  By no fault of the public defenders, they are often overburdened - working file after file to keep up with the demands of the system.  In the end, because they have so many clients, they can't bring the same level of detail and attention to your case that a private attorney can.

What Should You Do?

Any time that you don’t believe that you are being well represented by your public defender, there are a number of fixes available. First, you always have the right to hire a private attorney to assist you. Often times clients begin a case without the financial ability to hire counsel and then have their situation change. Sometimes, it takes time to gather up the resources needed to retain the right lawyer.  But, know this: you can replace attorneys at any time during your case.

At the Rolloff Law Office, I have clients who have hired me - after firing their court-appointed attorney. Given the choice between representing themselves (which is never recommended) and hiring an aggressive, tenacious, and experienced Minnesota Criminal Defense Attorney, the decision is usually very clear.

Call today to schedule a free initial consultation. I'll give your case the respect and dignity it deserve.  Listen, I don’t "farm out" your case, or have 50-100 others on my desk at any one time. I work all of my own files. My attention and focus is on you. 

If you need someone by your side to get your case back on track - call me today at (612) 234-1165 and let's get things rolling.

Domestic Assault - Explained

As criminal cases go, Domestic Assault is often the most difficult to deal with.  The accusations, which are can be easily made, are extremely serious and no matter the outcome of the case - life changing consequences are often the result. 

Domestic Assault charges are very powerful claims which affect everyone involved. The accused is often concerned with the stress of dealing with their criminal case - the possible betrayal by the loved one who's making the accusation - and the difficulty of working through the feelings of judgment from other individuals in their life.

Often, you feel as though you have no one is listening to you - and you have nowhere to turn. One right choice you can make is to reach out to an experienced Minnesota Criminal Defense Attorney - because you need someone on your side, fighting for you, your rights and your future. 

What's Going to Happen?

A conviction for Domestic Assault can mean serious consequences including fines, jail time (or even prison for repeat offenders,) and certain programming - like anger management and chemical dependency treatment or other classes. In addition to any legal punishment the judge might impose, these charges and/or a conviction also come with a handful of collateral consequences that can affect the accused's parental rights, their iimmigration status, their right to own and possess firearms, their living situation and their jobs and employment possibilities.

With all of that on the line, don't you need someone working for you who understands the intense emotions surrounding these serious criminal charges?

Who Can Help?

I do my best to keep clients informed about all aspects of their cases and involve them in their defense. By looking into self-defense claims and witness credibility issues - along with employing powerful defense strategies, my aggressive representation will protect your rights if you have been charged with Domestic Assault.

If you have been charged with a crime of Domestic Violence - my advice is to contact an attorney immediately. An experienced Minnesota Criminal Defense Attorney can quickly begin to protect your rights and assure that your side of the story is heard.

Make sure your lawyer takes the time to listen to your point of view and fully understand your objectives.

DWIs and Public Defenders

There's not doubt about it - Public Defenders provide a great service to their clients. For some, using a Public Defender may be their only option - because they simply don't have the ability to afford a private lawyer. For others - those who might not be inclined to pay for a good defense -  may want to re-evaluate their decision after assessing the information laid out here.

Public Defender - Positives 

1. Allows low income defendants to have legal representation;
2. Experienced Public Defenders may get their clients better results than bad, inexperienced Private Lawyers; and
3. Public Defenders are the best deal going - often their services are free.  

Public Defender - Negatives  

1. You don't choose your own attorney;
2. They're government employees;
3. They're not specialized in any particular area of criminal defense;
4. They're often less experienced - including among their ranks a lot of new attorneys;
5. They often have a lot of cases; 
6. Their caseloads often don't afford them a lot of time to meet with their clients; and
7. Due to the little time they have - they can be  overly interested in resolving case - quickly.

Admittedly, there are many positives (and negatives) not discussed here; however, when seen in comparison to the advantages of hiring a private Minnesota Criminal Defense Attorney, such as:

1. You get to select who represents your interests;
2. You can get someone who specializes in DWI Defense;
3. Because they have less clients, they can devote more time to your case; and
4. If your not satisfied with your attorney's job - you can fire him or her. 

In my humble opinion, whenever you're charged with a crime --- regardless of how serious or minor that charge is --- you should contact an experienced Minnesota Criminal Defense Attorney as soon as possible.

Failing to attain proper legal counsel could be only slightly worse than not hiring a criminal attorney at all.

Remember, you get one chance at this thing.  A lawyer, be he or she a Public Defender or Private Attorney, can help protect your rights - and fight the government, who can often dominate uninformed and unprotected defendants.