Do You Need a DWI Lawyer (Explained)

A charge of Drunk Driving in the State of Minnesota is not to be taken lightly. You could be looking at the burden of court appearances, a hit to your driving record, BIG fines and the possibility of jail.

If you or someone you love has caught a charge --- you should consider contacting an experienced Minnesota Criminal Defense Attorney to get the information you need. Driving under the influence is a serious criminal charge that may have ramifications on your future employment, housing and even education choices. 

How quickly do I need to consult an attorney if I’ve been charged with Driving Under the Influence? 

The sooner that you have an attorney running through the specifics of your case, the better they will be able to defend your legal rights and interests! The answer is as soon as possible. With DWI charges, there are multiple variables to consider as you craft your legal defense. 

Is this your first DUI charge or have you been arrested for DWI previously? 
Was anyone injured or was property damaged by your actions? 
What was your Blood Alcohol Content at the time of arrest? 
Is your charge related to alcohol or another substance? 
What other charges were associated with your arrest for driving under the influence? 

Know Your Rights

Knowing your rights is one of the most important steps toward having a fair trial. 

Did you know that you are allowed to record the entire exchange if you are being stopped, without having to ask the officer? If you have a smartphone, you can do this pretty easily once you’ve been stopped. Having this record can only help you. 

Did you know that law enforcement could still arrest you even if your breath sample is 0.000? The consequence for refusing to provide a breath sample is a 12-month driver’s license suspension as opposed to a 6-month suspension if you cooperate and provide a breath sample. 

Did you know that the State of Minnesota will try to use whatever you do in the breath sample phase against you whether you provide a breath sample or not? 

Don’t be caught off-guard with your future – consult an attorney immediately to help solidify your defense against this criminal charge.  Working with the Rolloff Law Office can ensure that none of your rights are ignored. If you’re being charged with driving under the influence in the State of Minnesota, contact us today: (612) 234-1165

How to Beat a MN Drug Charge (Explained)

As a Minnesota Criminal Defense Attorney, I get a lot of questions about what to do if one is charged with Drug Charges.  First and foremost, remember this: Just because you've been cited does not mean you will be found (or have to plead) guilty!  Here are somethings that can (and should) be challenged.  

1. Bad Warrant

If the officers have a warrant signed by a judge to search your car, home or person, that does not mean that they did not violate the constitution and your rights. In order to get a warrant, an officer needs to make a sworn affidavit to a judge and ask him to find that they have probable cause to search a particular location for particular evidence. These affidavits regularly have incorrect information or information from unknown individual or informants. The warrant may also be challenged if it is faulty based upon lacking of nexus to what to be search, description of where to searched, and the items to be searched for.


2. Bad Search

The 4th amendment protects individuals and grants them the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Unless an officer has a legal reason to make contact or expand the scope of the encounter, the search may be illegal. In order to discourage the police from engaging in illegal searches, courts have ruled that evidence obtained through an illegal search or seizure is subject to suppression.

3. Bad Lab Tests

Just because something looks like marijuana or another drug, the court will not take the prosecutor or officers at their word. Everyone that touched, processed, or tested the evidence will have to appear in court and testify. If one link in the “chain of custody” is missing the evidence cannot be admitted at trial. Even if something has tested positive, that does not mean the lab is credible. Recently, the St. Paul Crime Lab has come under heat for their poor practices. Because of this cases have been dismissed.

4. Bad Police Work

Entrapment takes place when a government agent, typically a police officer, uses threats, harassment, fraud, or even flattery to induce defendants to commit crimes. This can be a great defense if you are charged with sale to an undercover officer in a school or park zone.

5. Bad Charge

This is the ultimate defense. Innocent people are charged with crimes. This tends to happen more commonly in drug cases. For example, John Doe is driving his friend’s car. His friend forgot his prescription medicine in the glove box. If Mr. Doe is stopped and searched, charges could be filed.

The Rolloff Law Office practices criminal defense throughout Minnesota and has for almost 10 years.  I handled cases from minor consumption and DWI charges all the way to 1st degree murder.  For a FREE CONSULTATION call: (612) 234-1165.

Free Answers to Your Legal Questions

As an experienced Minnesota Criminal Defense Attorney I get a lot of questions --- a lot.  Here are some answers to the most common.

Q: What is the difference between misdemeanor, gross misdemeanor & a felony?

A: There are four levels of criminal charges in Minnesota. The lowest level is a petty misdemeanor such as a basic traffic offense. The next is a misdemeanor. This carries a maximum sentence of a $1000 fine and/or 90 days in jail. Next is a gross misdemeanor which is a more serious crime that carries a maximum $3000 fine and/or one year in jail. The highest level is a felony. Each specific felony-level criminal act carries a punishment severity as specified by statute for each specific offense.

Q: I’m charged with a crime. Do I need a lawyer?

A: You are always better off seeking professional assistance if you are accused of a crime. An experienced lawyer understands the intricacies of how the system works and can help you avoid the pitfalls that exist in every criminal prosecution. Keep in mind that not all lawyers are well suited to handle criminal matters.

If you find yourself charged with a crime, you should contact The Rolloff Law Office. immediately for a free consultation. I help you assess your case and determine what defenses you have in your case. The difference between me and the other guys is that, because I once was a prosecutor, I know this stuff from all sides --- and I understand that a criminal charge can affect many areas of a person’s life.

Q: What can a lawyer do for me?

A: An experienced lawyer can guide you through the criminal justice system and obtain more favorable results for your case. First, I will work to get your case dismissed. If that option is unavailable, I will work on building a defense that forces the prosecutor to compromise. No matter the outcome, I can help lessen the stress of facing a criminal charge and bring about a resolution that you will feel good about.

Q: Will I have to pay bail if I’m charged with a crime?

A: Depending on what type of charges you are facing, you might have to bail before you can be released from jail. If you are charged with a gross misdemeanor or felony, the Court must set reasonable bail or conditions of release. If you or someone you know is charged with a crime, you should contact The Rolloff Law Office regarding your bail situation. I can help get bail set, argue for reduced bail, explore alternative conditional release options or arrange for a bonding agent to help get you released.

Q: Should I just enter a plea on a 1st time DWI since everyone gets the same deal anyway?

A: No! The decision to settle is always yours but simply entering a guilty plea means you will not have the opportunity to investigate your case. Most of the time the prosecutor only knows a little bit about your case based on what the arresting officer puts in the police report. A lawyer will help you tell your side of the case. At a minimum, a lawyer will help you structure your settlement in a way that considers your point of view.

Q: What happens to my record if I get convicted of a crime?

A: A criminal conviction will become part of your record once you enter a guilty plea or you are found guilty of a crime by a court or jury. In a DWI prosecution, the State will use any prior DWI or DWI-related driver’s license revocation during the preceding 10 years as grounds to charge you with a higher degree of DWI. Also, different sentencing provisions can impact how a conviction will affect your record. You should contact The Rolloff Law Office to discuss your case before entering a plea to any charges.

The Rolloff Law Office --- FREE CONSULTATIONS.  Call today: (612) 234-1165

Finding a Minnesota Criminal Defense Lawyer

It is unfortunately not always easy to find a good Minnesota Criminal Defense Lawyer. Here are some suggestions:

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.

Courtroom Observation - You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you.

Professional Organizations - Each state, and some major 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.

Directories - There are a number of online directories which include criminal defense lawyers, including Lawyers.com and FindLaw.

You've Found a Lawyer; Now What?

After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. (Find out at that time if they offer a free initial consultation, or if you will be charged for the meeting.) Try to speak with an experienced Minnesota 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.

Trust your instincts - if you aren't comfortable with an attorney you consult, try a different office. You do not have any obligation to hire a lawyer merely because you consulted with that lawyer. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of a defendant's situation or the complexity of a case in order to entice the defendant to pay a retainer, and then blame the judge or prosecutor when the rosy scenario they initially promised turns out to be a nightmare.

What can it hurt to at least speak to a lawyer?  Many, like myself, offer a free consultations in order to gather facts concerning your case. Seriously, there are usually one or two key points I like to know in order to determine if you have a chance of beating a traffic ticket in court.

Sure, I can't guarantee that you will be able to have a traffic citation thrown out in court - or that the  Nor can fine will be reduced to zero. However, having had been a prosecutor myself - I have a lot of experience in using that "insider's" knowledge to earn my clients the outcomes they're seeking.  Call the Rolloff Law Office today to get FREE answers: (612) 234-1165.

Minnesota Drug Possession Charges (Explained)

Possession of drugs in the State of Minnesota is a serious crime, regardless of how much or how little you are caught with. However, there are ways to beat these charges.

Possession of Drug Crimes


If you are charged with possession of drugs - you can either be facing a felony or a gross misdemeanor complaint depending on the amount in your possession and the circumstances surrounding the arrest. 


All drug crimes are tried in a separate Minnesota court and follow a different set of rules. It is important that you seek legal advice from an experienced Minnesota Criminal Defense Attorney as soon as you are arrested or accused of any drug possession crime.


Examples of charges:

• Possession of narcotics with the intent to sell
• Possession of marijuana
• Possession of narcotics
• Possession of marijuana with the intent to sell
• Possession of certain chemicals with the intent to manufacturer
• Possession of drug paraphernalia

What Are the Consequences?

Your penalty will depend of a number of factors including how much drugs you had in your possession, what was the intent of having this drug and what drugs were you caught with. Your criminal record may also play a role in your punishment. If you have been convicted of any drug crime in the past, then you could be looking at more severe penalties this time around.  Penalties for drug crimes include fines and fees, community service, drug rehabilitation in some instances and jail time.

Defenses


Even the tiniest joint or minute traces of cocaine or methamphetamine can end up on your permanent record. Furthermore, if you are found in possession of scales, a pipe or plastic baggies, you could also be arrested for possession of drug paraphernalia. The more drugs found in your possession, the worse your punishment will be, especially if there are suspicions that you were planning on selling the drugs. Possession of drugs for personal use is considered a lot less severe than possession of drugs with the intent to distribute. However, a crime is still a crime and will end up on your permanent record if convicted.

It is important to understand that just because you have been arrested for drug possession does not automatically make you a convicted criminal, or a bad person. There are a number of defense strategies to take when faced with a possession drug crime. If the drugs are not clearly in your possession (in your pocket), then there may be a case for mistaken identity. You could plead that the drugs found in your car or house were not yours. If the drugs were discovered during an illegal search and seizure that violated your right to privacy, then the evidence collected cannot be used against you.  The Rolloff Law Office will assess your case, gather evidence, consult with experts and determine the best defense tactics to take for your situation.

What You Should Do Next

Don’t let one mistake ruin the rest of your life. The Rolloff Law Office is there when you need us most. It is important to act fast when facing an arrest and criminal conviction. Let me put my experience as a former prosecutor to work for you to provide an aggressive representation and the legal assistance you need to ensure the best outcome possible for your case. Call today to set up a FREE consultation: (612) 234-1165.

Do You REALLY Need a Lawyer? (Explained)

If my experience as a prosecutor and as a Minnesota Defense Attorney has taught me anything it is that if someone comes forward and seeks help (and or volunteers information to law enforcement,) they will be prosecuted mercilessly.

Why? 

Well, apparently, that is our legal culture. 

Instead of working to redeem the fallen, the government all too often takes some perverse joy in punishing wrong doers.  Now, this does not mean that that's always the case, but our laws - in how they're written and applied - seem to default to this outcome more times than not.  Therefore, all rationality goes out the window - and as such I cannot encourage someone to go it alone or seek help (if their problem or issue is legal in nature) without someone who knows the "game" by their side every step of the way. 

This is why I am a criminal defense attorney - plain and simple.  If you're going to get kicked while you're down - you need someone at your side who can defend you and fight back because as much you and I would like to believe that the government has our best interests in mind --- that is just NOT always the case. 

What Should You Do?

Here's the deal, a lot of people (myself - at one time included) believe that their lack of cooperation or their desire to engage a lawyer before talking to law enforcement would end up being worse for them than if they just go in an explain themselves . Well, let me set you straight - that is simply untrue.  In all of my years of experience, I can barely recall a situation where cooperation (whether someone was innocent or not) worked out for the better.  

Here's what you have to understand, more often than not the government thinks they know what happened already - so instead of listening to your explanation, they're often only really looking for those things that you say and do that confirm their suspicions.  As such, "going it alone" or "helping the police" (who in turn say they'll help you) rarely turns out to be as simple as it sounds.

If you or someone you love is embroiled in some sort of legal dilemma - the best thing you can do to preserve your rights and your future is to talk to a lawyer - first - to understand exactly what you're dealing with.

Call the Rolloff Law Office today to find out more.