Welfare Fraud: Hernnepin County Crminal Charges

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

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

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

Penalties for Welfare Fraud?

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

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

Minnesota Assault Laws (Explained)

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

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

Fifth Degree Assault --- Minnesota Statute § 609.224

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

Fourth Degree Assault --- Minnesota Statute § 609.2231

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

Third Degree Assault --- Minnesota Statute § 609.223

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

Second Degree Assault --- Minnesota Statute § 609.222

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

First Degree Assault --- Minnesota Statute § 609.221

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

Consequences

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

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

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

Why You Should Seek a Minnesota Expungment

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

Why Should You Do This?

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

Ways a Criminal Record Makes Your Life Harder

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

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

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

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

To learn more about an Expungement, whether or not you qualify, and what it takes to get your record sealed, contact the Rolloff Law Office.  We aggressively fight for our clients --- utilizing innovative tactics to get the most positive results for our clients . Call today: (612) 234-1165

Minnesota Fifth Degree Possession of Drugs (Explained)

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

Fight Prostitution Charges - Minnesota

Minnesota's prostitution laws are not clear and often change.  With that in mind ---  an experienced Minneosta Criminal Defense Lawyer can help you explore a legal defense.  Here are three common ways to fight these charges.

Prostitution Defenses

1. Due Process

One common challenge in this type of case is one that examines the government's procedural handling of the arrest.  Put another way --- the ends can’t simply justify the means, and due process needs to be followed every step of the way.  For example, a police officer can set up a sting operation, but once a crime has been committed, they need to identify themselves and complete the arrest. The officer cannot continue with the sexual encounter and then arrest the provider later, as that’s a constitutional violation of due process. Similarly, searches of suspected providers or entering a house or hotel room can only be done if police have obtained warrants and followed due process. If not, even if the provider was guilty of the crime, the case will be thrown out.

2. Entrapment

This is when a police officer entices a person into committing a crime that they otherwise would not engage in. Granted, this is not easy to prove in court --- because you need to show that the action would not of otherwise happened, and sometimes judges or juries look at the police officer and the defendant and make assumptions without hearing the facts of the case.  This is also a challenging road to go down because an undercover officer does not need to identify himself as a police officer, even if the service provider asks them if they are, which can make it easy for the prosecution to argue that the actions of the provider were planned, not coerced or forced. However, sometimes police officers abuse their power and use it as a threat against a woman, which is why entrapment should always be explored.

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There is also the opportunity to contest Probable Cause.  In particular,  a specific offer to engage in sexual contact (for hire) must be made, otherwise probable cause is not present. For example, if a provider gets in the car of an undercover agent and says “Let’s go somewhere quiet and have fun,” this would not constitute an explicit agreement or a violation of the prostitution statute. If probable cause does not exist, an officer cannot conduct a search or arrest.

 
If you or someone you know is facing charges and needs legal help, please contact the Rolloff Law Office for a FREE CONSULTATION: (612) 619-0262

How To Beat a Shoplifting Charge

 
If you are caught Shoplifting, even something as small as a pack of gun, in the Twin Cities, you could end up in jail.  Therefore, you should strongly consider getting help from an experienced Minnesota Shoplifting Attorney.

How to Address a Theft Charge

Everybody knows about shoplifting. It’s when someone takes something from a store without paying for it. While this is something people often associate with teenagers --- this offense knows no common offender.  

There are a number of defense strategies that can be used to keep a conviction from going on your record.  

No Intent: In the State of Minnesota - the government is required to prove an intent to permanently deprive property from its rightful owner.  If the prosecution cannot prove that the accused intended to walk out of the store without paying for the items, they cannot convict you of Theft.

Not Enough Proof:  The accused is innocent until proven guilty. Even if you someone one testifies against you --- you may not be convicted.  This strategy often requires a consultation with a lawyer about how to challenge the eyewitness' accounts --- finding inconsistencies that would show that they are wrong.  

Other: a good Criminal Defense Attorney can help you avoid jail and/or a fine --- even if you are dead-to-rights guilty/without a defense.  

Contact the Rolloff Law Office - today - an get the answers you need to keep a conviction from going on your criminal record.   FREE: (612) 234-1165

Minnesota Terroristic Threats (Threats of Violence)

In the State of Minnesota, a Terroristic Threat (ie. Threats of Violence) is classified as a felony offense.  However --- what qualifies as much might be mislabeled.  What that means, to an experienced Minnesota Criminal Defense Attorney is that there are circumstances when a  threat --- might find someone charged with a crime. 

Example --- a statement like: statement, “I just want to burn this place down,” (something a family member might use on a bad day) could be mischaracterized as a terroristic threat.

If you have been accused of making a Terroristic Threat, you should not just accept it.  

What Should You Do?

The number one thing to do in a Terroristic Threats case is to dig into what actually happened.  Believe it or not, there are different types of threats, which is why something someone says can be perceived as such. Here are the elements of such threats:An individual must indirectly or directly commit a violent crime with the intention of terrorizing another person

he Consequences

The number one goal of The Rolloff Law Office is to make sure you are not convicted of making threats. When conviction cannot be avoided, then the goal is to have the charges reduced. There are areas of the law that allow for charges to be reduced so a person can put the matter behind them and move on much sooner.If convicted, there are consequences, such as prison and fines. There is also the criminal record that causes problems with finding a place to live or finding a job. The more serious the charge a person is convicted of, the harder the future may be. This is why it is important to have an attorney who will fight for and with you every step of the way. Even a reduction in charges can make moving forward much easier than it would be otherwise.

An innocent statement can misinterpreted as a threat. In fact, even a semi-serious statement could result in a terroristic threat/threats of violence charge. If you or a loved one has been accused of making a threat, you have the right to defend yourself with the help of a skilled defense attorney. 

Call The Rolloff Law Office at (612) 234-1165 to set-up a FREE CONSULTATION

Minnesota No Contact Orders (Explained)

 
Unfortunately, domestic violence is an all too common occurrence in the State of Minnesota. If you or someone you love suddenly find themselves charged with a crime --- or is in need of an order of protection --- you need to understand what you’re up against.  This is why you should contact a Minnesota Defense Attorney.

What You Need to Know

A very common occurrence --- when someone is charged with domestic violence crime is that the accused is prohibited from having contact with the complaning witness --- this can also include their residence and their family.  In Minnesota --- this can come in the form of a DANCO (Domestic Abuse No Contact Order) and/or OFP (Order for Protection.)

Violate one of these orders and one can find them-self facing even more charges.  Therefore, it is vital that him/her understands what the different kinds of orders require of you.

What These Orders Prevent One From Doing
 
Once a judge hears the case, she will decide on which type of protective order to make and the stipulations thereof --- including:  

• A prohibition from going near your own home (if the alleged victim continues to reside there), the alleged victim’s workplace, and possibly your children’s school(s);
• Removal of custody of your children (or limitations in your rights);
• Payment of spousal support to your accuser;
• Restitution for domestic assault, including payment for injuries;
•  Awarded divorce and termination of spousal rights;
• Mandatory counseling/therapy; and 
• Anything the judge deems necessary. 
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If You Fail To Follow The Order

Breaking a protective order is punishable by law, and in most cases will earn you criminal charges . If a protective order is issued against you and you don’t understand it, the best thing you can do is talk to a knowledgeable domestic violence lawyer who can explain what you are up against and tell you your options. 

 
The Rolloff Law Office is a Minneapolis-based criminal and defense firm known for fighting aggressively for its clients and utilizing tactics honed while serving as a prosecutor.  Call to set up a FREE CONSULTATION - today - (612) 234-1165 

MN Domestic Assault Charges (Victim's Rights)

Domestic assault, believe it or not, one of the most commonly charged crimes in State of Minnesota ... and, if not handled properly, can carry significant consequences.

Honestly, it is not an exaggeration ... if your significant other or family member says you struck them, or even placed them in fear of being harmed ... that is all it takes to be arrested.  

However, often those expressions - ie., that someone believed they were in fear of being harmed are not what the alleged victim actually says; rather, it is the "rush to judgment" conclusion of the officer on the scene ... and can lead to (without that person's say-so) their loved one being hauled off to jail --- often an unintended consequences of a call to the authorities.  

The State "Presses Charges" - not the Victim

One thing many people do not learn until well after the fact is that, if the alleged victim does not want to “press charges”, even if she changes her story or admits she lied, the charges do not get dismissed on that statement.  As an experienced Minnesota Criminal Defense Attorney, I have dealt this situation ... ie., "she doesn’t want to press charges" ... and many believ that this will lead to an easy dismissal of a case.  Sadly, that is often not true.  

I think we'd all take some comfort in knowing that once an accusation has been made, if that individual has lied or misunderstood a perceived incident can come forth and tell the truth, and spare the accused the very real consequences of criminal prosecution.  Unfortunately, the tactics of many prosecuting authorities, officers, and even non-profit shelters and similar organizations, encourage the alleged victim to stick to her story, no matter what.  This has become systemic.  

What is a DANCO?

A Domestic abuse no-contact order, or “DANCO”, prevents the ability of the 911 caller to have subsequent conversations with the accused which might clarify the circumstances of the incident.  An order for protection may do the same.  The accused is automatically arrested, preventing any contact with other witnesses or demonstration of evidence proving the alleged victim’s story is not true.  From the beginning then, both parties are isolated from one another, and the accused is isolated from everyone, leaving only the accuser free to function and assemble a case, and be influenced by other people.

You’ll often see staff from shelters sitting in court, consulting with the woman afterward, speaking to police and the County.  To be clear, these shelters do great work and help and protect thousands of abused women every year, especially when they have no place to live or hide from an aggressive stalker.  However, at times,  staff from these facilities function as an agent of law enforcement, and in a handful of cases, they shelter and alleged victim from her obligation to tell the truth.  It doesn’t help that these incidents are often not black and white, and perhaps the accuser wants separation, but has embellished her story and only qualifies for the benefits of this shelter while she sticks to her story.  There may be children involved, and sometimes family attorneys and shelter staff will end up advising the accuser to stick to her story put her in the best position to have custodial advantage.  

Earning a Dismissal

Perhaps the greatest act of true violence to the truth, however, is when the state threatens their “victim.”   Again, we have a justice system that SHOULD encourage the truth.  We should not have to wait until a trial with sworn jurors and the accuser under oath to hear the truth.  This happens more often then people would like to think.  In fact, when push comes to shove, it happens nearly every time.  We have personally fielded calls from victims in tears saying they made it up, and that they told the prosecutor, and the case still is not dismissed.  We never ever put down our shield and sword, and continue to fight the case through trial.

If you’re charged with domestic assault, the fact is you cannot rely on your accuser to close your case.  You need an experienced Minnesota Criminal Defense Attorney that understands procedure, investigation, and who will do the witness preparation that the state apparently won’t.  The fact is, with a “not guilty” plea, and a trial setting, if your lawyer sends an investigator to speak with the accuser and she recants, the state cannot call her as a witness just to get in her statement to police.  That is a rule born out of some complicated case law.  That statement CAN be suppressed, and the case can be dismissed on the day of trial, if you hire a lawyer that understands the rules of evidence, and who can secure the necessary information ahead of time.
  

If you’ve been accused of Domestic Assault, you need to contact an experienced St. Paul & Minneapolis Criminal Defense Lawyer who serves the south metro area such as Apple Valley, Eagan, Lakeville, Burnsville, Woodbury, Farmington, Rosemount, and Northfield.  Call the Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165.

Minnesota Disorderly Conduct (Explained)

Facing disorderly conduct charges? You may want to consider employing the services an experienced Minnesota Criminal Defense Attorney to help. 


What is Disorderly Conduct?

Disorderly conduct charges can encompass a variety of crimes from yelling to fighting. Specifically disorderly conduct includes:

• Engaging in brawling or fighting
• Disturbing an assembly or meeting
• Engaging in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

What are the Penalities?

A typical, disorderly conduct charge is deemed a misdemeanor --- punishable by up to 90 days in jail and/or a $1,000 fine. 

If the person is a caregiver and commits disorderly conduct against a vulnerable adult, that individual could be charged with a gross misdemeanor, punishable by up to one ear in jail and / or a $3,000 fine. 

If you have questions or want to with a former prosecutor to help you with your case, contact the Rolloff Law Office and set up a FREE CONSULTATION: (612) 234-1165

Roseville & Maplewood Shoplifting Attorney

If you have been charged with Shoplifting, you need an experienced Minnesota Criminal Defense Lawyer to protect your interests. There are different levels of theft offenses in the State of Minnesota, and a conviction for any type can have serious consequences on your job, schooling, and living arrangements. 

Former Prosecutor

At The Rolloff Law Office, we handle the defense of all types of crimes, including Shoplifting charges. We put to use our previous experience as prosecutors to help our clients earn the right results by giving them sound and considered legal guidance, based on over a decades worth of experience of criminal law practice. 

Theft Crimes (Explained)

In the State of Minnesota, the level of severity of a theft crime and the consequences one might suffer - if convicted depends on a number of factors.  In many instances, the key question is how the State valued the property involved. 

If you have been charged with a  theft offense, we can often get you a favorable outcome, particularly if you have no prior charges or convictions.   We can also help keep felony offenses off of your record ... by getting you into a diversion program.  

Theft crimes carry potentially serious consequences, including jail sentences an looooong probation terms, not to mention a stain on your criminal record. With so much at stake, it is crucial that you get sound guidance regarding all your legal options. Let us help you make the best decisions possible.  Call The Rolloff Law Office for a FREE CONSULTATION - today - (612) 234-1165. 

Minnesota Welfare Fraud (Explained)

As an experienced Minnesota Criminal Defense Attorney I am asked many, many questions ... here are some answers about Theft/Welfare Fraud.

What is Minnesota Welfare Fraud?

There is no simple answer to this question ... as such fraud comes in many forms. The most common type is when someone fails to list information (or fills in the fork incorrectly) about their financial situation to the Department of Employment and Social Services. This could be include information regarding income, number of dependants/children or possession of properties and other items of value. 

Welfare fraud can also occur if someone pretends to be someone/thing else in order to receive benefits or if you continue to receive benefits that you know you are not entitled to.  Furthermore, welfare fraud occurs when you pretend to be injured or ill in order to abuse the system.

Accused?  What Next?

As with almost any theft related offenses, a permanent welfare fraud conviction may negatively affect you for the rest of your life --- making it difficult for you to obtain employment, a bank loan, or for you to rent/buy a home/apartment.  Additionally, you may be required to pay back the money, plus pay interest and penalties.   A welfare fraud conviction in the State of Minnesota may also lead to both jail or prison time and and fines.  This all depends on whether you are charged with a felony, a misdemeanor or a gross misdemeanor.

Should Hire a Minnesota Criminal Defense Attorney?

If you or someone you love has been accused of welfare fraud, the most important thing to do is contact a professional Minnesota fraud lawyer immediately. The sooner you make the call, the quicker an attorney can get to work handling your case. The more evidence that is gathered, the better your defense strategy may be --- and the less consequences you might face.  
   

The Rolloff Law Office has over a decades worth of criminal defense experience.  For the overwhelming number of our clients, charged with theft related offenses, we keep them out of jail.  Also ... we understand that restitution is going to be important - to secure a great outcome.  This is why we keep our fees low.  Call the Rolloff Law Office for a free consultation: (612) 234-1165

Hennepin County Probation Violations (Explained)

So ... your case has been resolved .... and, as part of the settlement, you've been placed on probation.  Things were going good ... and then you slipped --- whether it was a bad UA or maybe a new criminal charge ... now you're facing a probation violation.  Now what?

Believe it or not Minnesota has some fairly generous sentencing conditions and first (heck, even second) time probation offenders can often have most or all of their jail time suspended - without going to prison - under certain conditions.  Yes, Virginia --- there are 2nd and 3rd chances ... but, you have to earn the,  This is where and experienced Minnesota Criminal Defense Attorney can be a good resource.  

What Should You Do?

Probation violations can come into being fast (and easily.) So, if there is talk - from your agent - that a violation is coming, you should be prepared to act as jail can happen. If you’re on probation, here are some very concrete steps you can take to avoid probation violations, or empower an attorney to beat a probation violation if one is filed. These steps can mean the difference between freedom and jail.

1. Maintain Your Own Record

One of the biggest problems Minnesota Criminal Defense Lawyers face when helping someone with a probation violation is a lack of memory and the absence of a timeline.  So ... you are best served by keeping track of every call, letter and contact you have with your agent.  One thing you might want to consider ... get your agent's email address and communicate that way.  Then, keep those emails.  

2. Don't Disappear 

The easiest way to avoid problems - aside from following the court's orders to a "T" is to (especially is there is an "issue") keep in contact with your agent.Believe it or not, the biggest problem have while on probation ... it is not the occasional "slip," instead ... it is failing to communicate with your minder.  DO that ... and HUGE problems can be avoided.  TIP: The probation officer has no obligation to track you down. You should immediately inform your probation officer IN WRITING of your new address or phone number.

If you have not heard from your probation officer in a while, don’t assume everything is fine. Be proactive. Contact them out of the blue at least once a month if you haven’t heard from them and ask whether there is anything they need from you. Write it down that you contacted them, and what their response is if any. No news is not always good news. If they can’t find you, they can violate your probation for lack of contact.

Do not miss meetings with your probation officer.  You should make meetings with your probation officer an absolute priority, as much as getting to work on time or picking you kids up from school.  Missed meetings can result in a violation.  If you’re in jail, you can’t work, and you can’t parent.  Put your meeting dates into your calendar on your phone and set alarms on it days in advance.  Alternatively, write them down on your wall calendar or in a day planner.

3. Know Your Drugs.

Many medications can result in dirty UAs ... so, especially if this is the result of a valid prescribed drug that you are on ... more than you word, your agent is going to want to see proof.  Tip: Keep information about your medications. 

4. Save a Lawyer's Number on Your Phone

You are not required to admit to your agent that you may have violated your probation.  If you even think you’re going to face a violation, call an experienced lawyer before it’s even filed or brought up at a meeting --- and let that person do the talking for you.  A good lawyer should be able to give at least preliminary advice for free, but you should be prepared and save money up for the possible need to hire one if you face a probation violation. 

Don’t take too many chances, this is your liberty I'm talking about.  If you have any questions, please feel free to call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Minnesota Domestic Assault (Explained)

In the State of Minnesota, Domestic Assault can be charged as a Misdemeanor, Gross Misdemeanor or Felony, and can have lasting negative consequences to the accused and his/her family. 
If you, or someone you know is charged with Domestic Assault, you should contact an experienced Minnesota Criminal Defense Lawyer to get answers and help you earn the best possible outcome in your case.

What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction? 

Domestic Assault No Contact Order (DANCO). Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is very common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the case has been resolved.)

Often the issuance of a DANCO order creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.

While DANCO orders can be lifted in some circumstances, it is not uncommon for the alleged victim of Felony Domestic Assault to remain at the property (even if they don’t own it) while the defendant in the case is forbidden to return to the property (even if they own it). In these situations, lucky defendants find family and friends to stay with while the Felony Domestic Assault case is pending. Unlucky defendants find themselves incurring expensive hotel or motel bills while the DANCO order is in place.

Anger and Chemical Use Assessments. Most judges will order an individual convicted of Felony Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well. 

After the assessment process is complete, the Judge (or probation) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.

Harm to Employment/Employment Prospects. Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.

Why you should contact Minnesota Domestic Assault Attorney Jay Rolloff?

I'm a former prosecutor with more than a decades experience in prosecuting/defending people charged with Domestic Assault. To find out how to resolve your case in the most favorable way possible for you, contact The Rolloff Law Office for A FREE CONSULTATION on your  Domestic Assault case. Call (612) 234-1165.

Minnesota DWIS (Mandatory Sentences)

The laws concerning driving while intoxicated (DWI) are quite strict in the State of Minnesota compared to other places in the nation. If you are convicted of a DWI, the judge has a great deal of discretion as to what your punishment will be. However, if you are a repeat DWI offender --- within a ten year period of an earlier convictions --- there are mandatory minimum sentences required by Minnesota state law that the judge must impose.  However, an experienced Minnesota DWI Attorney can help you avoid the worst of the worst.  

Mandatory DWI Sentences
It should be noted before we continue that in the eyes of the Minnesota DWI law, the term “in custody" can mean jail time, remote electronic alcohol monitoring (REAM) or home detention (EHM). 

The REAM program is primarily designed to keep offenders out of jail so they won’t lose their job. It involves random remote testing of the blood alcohol level through a breath analyzer. EHM is a type of intensive probation.

The following is a summary of the mandatory minimum sentences required for repeat DWI offenders:

Second Offense In a Ten Year Period

• 30 days incarceration minimum;
• At least 48 hours of incarceration must be served consecutively in a jail or workhouse; 
• 8 hours of community service must be added for each day less than 30 days that the convicted person does not spend in jail.

Third Offense In a Ten Year Period

• 90 days incarceration minimum;
• At least 30 days of incarceration must be served consecutively in a jail or workhouse

Fourth Offense In a Ten Year Period

• 180 days incarceration minimum
• At least 30 days of incarceration must be served consecutively in a jail or workhouse

Even with these limits in mind ... there are ways around them.  Before you go to court, on a Minnesota DWI --- make sure that you have all of the information necessary.  Call the Rolloff Law Office to set up a FREE CONSULTATION - (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 Hire a Minnesota Criminal Defense Attorney (Explained)

Being an experienced Minnesota Criminal Defense Attorney, I meet lots people who are looking for a help with a criminal case. Many times, the need is urgent because someone in their family was just been arrested, or they hear that there is a warrant out for their arrest. In those circumstances, there can be almost a panic to hire a lawyer. So how do you do it?

Factors

First, and this may seem obvious but it is surprising how many times people miss it, make sure that the lawyer you are talking with handles criminal cases. Just because some attorney handled your divorce or the closing on your house does not mean that lawyer would do well in a criminal case. Nevertheless, one of the best places to start is with lawyers that you may know. Ask them who they would hire for the type of case.

This part is also important. Not all criminal defense lawyers handle all criminal cases. Federal law, for example, is generally dramatically different from state law. Make sure the lawyer can handle your type of case.

Second, should you find out the fee before you go to see the lawyer? That depends. If you are pressed for time or you know that you are going to hire a particular lawyer, it is a good idea. On the other hand, if you have some time, I would recommend seeing several lawyers. Law is an art, not a science, and there are several different ways to approach the same problem. You should go with a lawyer you are comfortable with. To know who that is, you should visit a few. You should also hire a lawyer whose direction or outlook is the same as yours. Stay away from lawyers that try to push you into a particular choice of action, such as pleading or trial, without knowing a great deal about the case.

Three, stay away from lawyers that promise really good results. Good results can happen, but even the best lawyers do not always get the results they want. The reality is there are three types of cases: cases easily won (acquittal), cases easily lost (conviction), and cases in the middle. Every client wants to think that their case can be easily won. That is not the case. Good lawyers will have higher winning percentages, all things being equal, of the cases in the middle. Cases easily lost are cases in which the evidence is rather strong and you might want to really consider a plea bargain. Some lawyers are better at trial than at negotiations. If you are not familiar with the evidence that will be presented against you, you should be prepared for all possibilities. Sometimes it is better to hire a lawyer who can negotiate a good deal for you rather than a fire-breathing trial monster. If the evidence is overwhelming, you may want someone who can minimize potential jail or prison time. A trial monster may not be such a person. On the other hand, you may decide that you are going to trial no matter what. In such a case, get the trial monster.

Fourth, if you do have some time and have been able to talk with several lawyers, you will most likely wind up with more than one lawyer you are considering. If that is the case, go with the lawyer that you felt the best about.

What You Can Do Now

You (or a family member or a friend) are about to go through a pretty traumatic and rough experience. While the tips I've given above will help you decide who is qualified, there is realistically no way I can tell you who you would be best hiring. You would do well to go through this experience with someone you get along with.

Call the Rolloff Law Office today to set up a FREE Consultation --- (612) 234-1165