What Should I Do If I’m Stopped by the Police?

Here's a couple of easy answers to some hard questions about contact with the police from an experienced Minnesota Criminal Defense Attorney.  

I.  Do I Have To Answer Questions If I am Stopped by the Police?

No, you don’t, not under any circumstances. But note this twist that surprises some people: the safer you feel, the more likely you are to incriminate yourself.  So, what should I do if I am stopped by police?  I’ve discussed this before, but it merits fine tuning.

II. Am I Under Arrest?

If you are stopped by police and talk to them and you are free to leave—such as if you are not in a squad car or police station, or if you have been told you are not under arrest or are not a suspect in a crime—what you say to the police can be used against you without a prior Miranda warning or an opportunity to have your lawyer present.

III. If You are Under Arrest

Once you’re under arrest or “in custody,” the police cannot use what you say against you unless you have been Mirandized first and told that you have a right not to speak and to have an attorney present.   The basic distinction between whether you are or are not under arrest is whether you are free to leave.

But it is not illegal for the police to allow you to feel free to leave so you will talk to them–then they arrest you five minutes later.  (Trust me - It happens.)

IV. I Got a DWI. When Was I Under Arrest? What Should I Do?

Most of my clients tell me that they were not given their Miranda warning until long after they were stopped by  the police.  In a “typical” DWI, the suspect will be stopped, questioned in the car (“have you been drinking tonight?”), given field sobriety tests (heel-to-toe walk, follow the pen with your eyes), handcuffed, placed in the squad car, driven 20 minutes or so to a police station, and questioned some more before being Mirandized.  Anything you say during this process can and will be used against you even though you were not advised  of your right to remain silent or to have a lawyer, because you were not under arrest yet (even the handcuffs do not constitute arrest if the police say that the handcuffing was “for officer safety”).

V. Don’t talk to police without your lawyer present

This goes for individuals who are innocent.  Click HERE)

If you're reading this after the fact --- help can still be had.  Please call the Rolloff Law Office today to set up a free consultation: (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.

Minnesota Traffic Tickets (Explained)

In many instances, a traffic infraction will result in a ticket and a mark on your driving record. All to many individuals will simply pay the ticket and forget about the implications. However, the reality is that every traffic violation you commit can result in more than just a note on your driving record. You are also looking at higher insurance fees - on top of the fines and penalties. Additionally, traffic violations can add up to misdemeanor (and even gross misdemeanor) offenses. You may not only be looking at a poor driving record but also heavy fines, jail time, license revocation, vehicle impoundment and anger management classes.

As a Minnesota Criminal Defense Attorney, I'm asked on a daily basis about what to do about tickets.  Here are some ideas and suggestions:

SPEEDING AND RECKLESS DRIVING ARRESTS

Speed limit violations, speeding in a construction zone or school zone, reckless driving, erratic lane changes and "road rage" can all be classified as traffic violations. You will most likely be handed a ticket by the arresting officer. In some instances, you may be ordered to attend anger management courses or you may lose your license. It is possible to fight these charges, especially if the ticket was given on unjust grounds.

HIT AND RUN VIOLATIONS


Hit and run violations can be classified as a felony offense in certain instances which is why it is imperative to seek legal counsel as soon as you are accused of being involved in a hit and run case. If you are accused of a hit and run, you are innocent until enough evidence has been collected to prove you are guilty.  (Beware - if you're found guilty you can have your license taken away.)

DRIVING WITHOUT A LICENSE VIOLATIONS


If your license has been revoked or suspended or if you are caught driving without adequate insurance, then you will most likely lose your license for even longer and be facing further penalties and fines. It is possible to fight back against these convictions with the right legal defense.  (Even if you're "guilty" - an experienced Minnesota Criminal Defense Attorney can help negotiate an outcome that preserves your driving privilege.)

Honestly, traffic violation cases can be a huge pain in the neck --- because who among us can afford to lose our license or have our vehicle impounded due to a few outstanding traffic violation tickets? This is why it is so important to fight back against traffic violations before they negatively impact your finances and your transportation freedom.  The Rolloff Law Office handles all manner of traffic violation cases, both inside and outside the court, and can provide you and your family with the aggressive representation, dedicated legal assistance and a sound defense that will make all the difference to your case.  Call today to set up a FREE consultation: (612) 234-1165.

Minnesota Obstruction of Justice Charges (Explained)

If it's one lesson that's been drilled into most of us since we were kids it is that you do what a police officer tells you to do.  If you don't you're risking any and all manner of consequence - immediate and possibly over the long hall.  (Many of you, I'm sure have seen what can happen to individuals who resist the request/demands of a peace officer.  Often, it isn't pretty.  It can also lead to additional criminal charges.)  If you or someone you love has found him or herself facing this dilemma, you first, best step should be to contact an experience Minnesota Criminal Defense Attorney. 

The act of obstructing justice takes on many forms. In Minnesota, the law defines it as --- interference with the work of law enforcement, including peace officers, prosecutors and federal authorities.  Examples include:

•  Escape;
•  Fleeing A Police Officer In A Motor Vehicle;
•  Warning A Subject of Police Investigation;
•  Witness Tampering; and
•  Interference With A Dead Body

What Are  You Going To Do?

Have you been charged with obstruction of justice? I can help.  First as a prosecutor, and since as an experienced Minnesota Criminal Defense Attorney, I've handled thousands of cases - and I will fight to protect your rights. Contact the Rolloff Law Office today for a free consultation.  Call me (612) 234-1165 or go to www.rollofflaw.com and submit your inquiry through our online consultation formlaw.com

Minnesota Shoplifting - Theft by Swindle (Explained)

Shoplifting, Theft and/or Theft by Swindle are criminal offenses that crosses age groups, socio-economic status and races. Often offenses of this nature constitute either a huge mistake or a significant lapse in judgement that you regret.  Additionally, there are those cases of mistaken intention - where the accused is completely innocent. Either way, to preserve your future (and your clean criminal record) you should talk to a Minnesota Criminal Defense Attorney to discuss how you can fight these charges and/or resolve them without adding a permanent stain on your record.  To those ends, I can help.  .

I say this because in this age of instant background checks being part of almost any employment, housing or bank loan process - a mark as small as a petty Shoplifting offense can utterly destroy your future.

Minnesota Law

Under Minnesota law, Theft offenses are quite varied. An individual may have been accused of walking out of a store without paying for something or he may be accused of deceiving someone for financial gain. As a former prosecutor, I'm quite familiar with the  "ins and outs" of our state's Theft statutes and as such I can work to ensure that you get the outcome you deserve.

This involves looking after your rights (making sure that they're protected at every stage of the process) and to pick apart the government's case so as to earn you the best possible results for you and your future.   on your day in court.

Need More Information?

There are a number of acts that constitute Theft under Minnesota law. Additionally, the level of charge (eg., petty misdemeanor, misdemeanor, gross misdemeanor or felony) your cited for depends on other complex factors including the value of the property or services alleged to have been stolen.  To be certain you know what you are up against when facing Minnesota Theft charges in court, call the Rolloff Law Office today - at (612) 234-1165 - to set up a FREE consultation.

I provide a thorough evaluation of your case and I'll inform you as to all of the possible defense options, and what you might expect to be the most likely outcome in your case.