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

Dakota County Shoplifting Lawyer

Shoplifting is often regarded --- by law enforcement and business --- as a petty crime few consequences.  Often ... it's viewed as something that teenagers do - and grow out of.  Generally, most people see this offense as something that can/should be able to be "fixed" by by returning the stolen merchandise to a store and apologizing or just paying for it ... and maybe being ordered, by the authorities, to pay a fine.  

As an experienced Minnesota Criminal Defense Attorney - and as a former prosecutor - I can (sadly and) confidently assert that this is often not the case.
  

Shoplifting is Bad (For You)

Under the laws of the State of Minnesota law, shoplifting is considered a Theft --- and this crime is treated seriously - by the government and the judge.  And, not only might someone face jail time ... the more serous impact is felt when they go looking for a job, housing and/or a loan from a bank and this indiscretion shows up on a back-ground check.  

Regardless of why you have been charged with shoplifting, conviction can result in numerous criminal penalties, along with the risk of being sued by the merchant in civil court. In addition to getting a lawyer - ASAP - it’s important to understand shoplifting laws and penalties.
 
Theft (Explained)

When most of us think about Shoplifting, I sure we conjur up ideas of someone leaving a store without paying for something. While that certainly counts ... there are a number of different actions that someone could potentially engage in that qualify as retail theft. These include:

• Taking store property without consent;
• Hiding store property without consent;
• Lying to obtain goods; and/or
• Switching price tags to pay less for a product.

Minnesota Shoplifting (Penalties)

Shoplifting charges typically depend on the value of the property taken.  Low value items - under $500, such as a pack of gum, costume jewelry, or a small electronic like a flash drive are generally considered misdemeanors --- where the maximum sentence can be a $1000 fine and 90 days in jail.   More valuable items --- could result in serious charges and penalties can follow. 

Here are a few of the potential penalties you may face:

• Values between $500 and $1,000: Up to $10,000 in fines and/or five years in prison;
• Value between $5,000 and $35,000: Up to $20,000 in fines and/or up to 10 years in prison; and
• Value over $35,000: Up to $100,000 in fines and/or up to 20 years in prison.

 

Fighting a Shoplifting Charge

A Shoplifting conviction can result in some long-term consequences, including a criminal record that will follow you for the rest of your life. Because of this, you might find it necessary to get answers from a lawyer.  The Rolloff Law Office has represented 100s of individuals who have made a small mistake like this --- to ensure that your rights are protected, it’s important to have a Minnesota Criminal Defense Lawyer --- with a successful track record --- looking out for your best interests. Contact the Rolloff Law Office - today - 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 Shoplifting at Wal-Mart (Attorney)

As as experienced Minnesota Shoplifting Attorney, I get loads and loads of questions, here is one of the ost common:

Mr Rolloff, 

I recently received a civil demand letter in the mail from attorney Michael Ira Asen P.C stating I must pay $250 in 30 days. 

I was caught stealing from Walmart. It was my first time ever stealing and it won't happen again. (The police were called and I was also given a citation.)  I was also told I had to stay away from the sore for a year.   

What if I am unable to pay the fine in time? Do I even have to pay it at all since there were no police involved? 

Caught

  
The Truth

Retailers are allowed by statute to make the demand. It is not a scam (as often suggested) but a legitimate demand allowed by law. That being said, there is procedure to this ... and if you really want to part with you money, pay it.  If not, you (or an experienced Minnesota Criminal Defense Attorney) can respond to these demands ... and, if my experience is any indication, you WILL NOT have to pay anything.  Additionally, paying this demand WILL NOT have any impact on the citation you received.  You will still have to go to court to answer for this allegation.
   

 Sure, there is more I can say, so ... if you have any questions/concerns, please fee free to contact the Rolloff Law Office for FREE ANSWERS.  Call Today: (612) 234-1165

Do I Need to Hire a Shoplifting Lawyer?

It doesn't matter if you have been caught shoplifting a candy bar or you have been accused of embezzling money from your job, theft is a serious crime and one that the authorities are doing their best to crack down on. The potential penalties you may face will depend on the value of the property or the amount of money you are accused of stealing. You need an experienced Minnesota Criminal Defense Attorney to help defend your rights.

The Rolloff Law Office will help to conduct a thorough investigation of your case. We review the evidence the police have against you. We obtain any piece of evidence that will be useful in your case, including surveillance footage, financial records and computer hard drives. We look for all possible defenses and will explain the options available to you. If you choose to go to court, Jay is an experienced trial lawyer and will fight for your rights. Regardless of the severity of your crime, he takes the charges against you seriously and work for the best possible outcome in your case.

The Rolloff Law Office handles many forms of theft charges, including:

• Shoplifting
• Robbery
• Burglary
• Receiving stolen property
• Check forgery

Ramsey County Shoplifting Defense Attorney

Criminal convictions will show up on any background check. If you are convicted of theft, it may affect your ability to get a job, especially because accusations of theft tend to lead to mistrust. If you are convicted of felony charges, you will lose your right to own a gun, which includes a hunting rifle. You may also no longer be allowed to cross some international borders, such as the Minnesota border with Canada.

Call the Rolloff Law Office at (612) 234-1165 to schedule a time to come in and talk with me. If I am unable to answer your call, we will return it as soon as possible. 

Shoplifting Lawyer - Bloomington, MN

Shoplifting, sometimes referred to as theft, is one of the most commonly prosecuted crimes in the State of Minnesota. 

Regardless of the circumstances surrounding your case, or the case of your loved one, it is essential that you understand that these are real charges that pose serious criminal consequences --- speaking to an experienced Minnesota Criminal Defense Attorney should be your first inclination. 

---

Theft charges and the penalties associated with them can range depending on the circumstances involved and the accused's prior criminal history. In any case, if convicted, you can expect fines, possible terms of imprisonment and a criminal conviction on your record. 

A Minneapolis Criminal Defense Lawyer who Fights for You!

At the Rolloff Law Office, you can be confident that I apply every aspect of my experience as a former prosecutor --- as well as my dedication and legal knowledge --- when fighting for you and your future. 

Although shoplifting charges may seem an inconsequential or insignificant offense, these charges pose permanent criminal record issues that can negatively impact your future. 

If you or a loved one is facing allegations for shoplifting, I encourage you to schedule a free case evaluation to learn more about the ways in which I can aggressively and intelligently defend you. Call the Rolloff Law Office: (612) 234-1165

Apple Valley Shoplifting Attorney

Theft is a term that encompasses various offenses. It is the defined as the act of taking services or property from another individual intentionally, and with the intent to deprive the owner of them permanently, without their authorization or consent.

Theft crimes can be categorized as felonies, misdemeanors or gross misdemeanors --- the of offense is typically determined by the value of the services or property stolen, the person you allegedly stole from, and whether the theft involved a dangerous item such as a weapon, explosive, or vehicle.

----

In Minnesota a theft charge may lead to harsh penalties such as hefty fines and imprisonment, mandatory counseling, community service, and paying restitution to the alleged victim. Moreover, since theft is viewed as a crime of dishonesty a conviction will make it very difficult to find employment and even housing.  This is why you should seek some professional insight from an experienced Minnesota Criminal Defense Attorney.  

Because of the seriousness of a theft/shoplifting charge, it is important that you have a lawyer with a proven track record in criminal defense help you.

The Rolloff Law Office has extensive experience and has had great success in defending shoplifting/theft criminal cases. 

Time and time again, I have won DISMISSALS and NOT GUILTY verdicts for my clients in Theft cases. 

Call me --- I'll explain the best defense strategy and how I will fight to win your case. You are presumed innocent. Just because you have been charged with theft does not mean you are guilty.

To protect your future, call The Rolloff Law Office  today: (612) 234-1165.

Minnesota Theft Crimes (Explained)

The laws of the State of Minnesota list a number of specific actions that, when committed, would constitute the offense of theft. To get to the bottom of this - read on - and consider calling an experienced Minnesota Criminal Defense Attorney.

Theft (Defined)

A person commits theft under Minnesota law when he or she: intentionally takes, uses, transfers, conceals or retains possession of property belonging to another, with the intent to permanently deprive the owner of the property
obtains possession, custody, or title to property or services by intentionally deceiving another person with a false representation files a false medical claim, finds lost property but makes no reasonable attempt to restore it to its owner
leases or rents personal property but fails to return the property or pay for the property, intentionally deprives another of a lawful charge for cable television or telecommunications service, or, takes or drives a motor vehicle without the owner’s consent. (Minn. Stat. Ann. § 609.52 Subd. 2.)

Classification of Theft Offenses and Penalties in Minnesota

Like many other states, Minnesota classifies theft offenses according to the dollar value of the property or services taken (and sometimes according to the type of property). 

Property Valued at Less than $500

The lowest level theft offense in Minnesota -- often called petty theft -- occurs when the value of the property or services stolen is $500 or less. A person who commits theft at this level will receive a sentence of imprisonment of not more than 90 days and/or a fine of not more than $1,000. (Minn. Stat. Ann. § 609.52 Subd. 3(5).)

$500 to $1,000

If the value of the property or services is more than $500 but not more than $1,000, a theft offense is punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $3,000, or both. (§ 609.52 Subd. 3(4).)

$1,000 to $5,000

When the value of the property or services stolen is more than $1,000 but not more than $5,000, a theft offense is punishable by a sentence of imprisonment of no more than five years, or a fine of not more than $10,000, or both. 

Theft offenses at this level also include:

• theft of a Schedule III, IV, or V controlled substance
• theft when the value of the property or services stolen is more than $500 but not more than $1,000, and the person has a conviction of a similar offense within the preceding five years, either in Minnesota or elsewhere, or
• the property stolen is not worth more than $1,000, and is taken from a corpse, grave, or coffin; or is a public or court record; is taken during a riot or disaster; or is a motor vehicle. or court record. (§ 609.52 Subd. 3(3).)

More than $5,000

Where the dollar value of property or services stolen is more than $5,000, the offense is punishable by a sentence of imprisonment of not more than 10 years, or a fine of not more than $20,000, or both. Theft offenses at this level also include: theft of a trade secret, theft of an explosive or incendiary device, or, theft of a Schedule I or II controlled substance, other than marijuana. (§ 609.52 Subd. 3(2).)

More than $35,000

Finally, the most serious form of theft under Minnesota law is punishable by a sentence of imprisonment of not more than 20 years, or a fine of $100,000, or both. Theft offenses at this level include: theft of property or services valued at more than $35,000 when certain aggravating circumstances exist, which include fraud, deceit, or a vulnerable adult victim, or theft of a firearm of any value (§ 609.52 Subd. 3(1).)

For more information on how to defend yourself - even if you think you're guilty of Theft --- perform your own legal research or call the Rolloff Law Office to set up a FREE consultation  (612) 234-1165.  

Shoplifting & Theft at Mall of America (Explained)

Defending the accused against a Theft or Shoplifting charge in the State of Minnesota requires quick action and effective legal remedies by an experienced Minnesota Criminal Defense Attorney.

Theft/Shoplifting (Defined)

In Minnesota, a theft crime conviction usually falls into one of three categories:

• Misdemeanor – for theft of property worth below $500; punishment may include 90 days in jail and/or a maximum $1000 fine
• Gross Misdemeanor – for theft of property worth between $500 and $1000; punishment may include one year in jail and/or a maximum $3000 fine
• Felony – for theft of property worth above $1000; punishment may include at least one year in jail up to a lifetime sentence and/or maximum fines indicated by Minnesota Law

Any of these charges pose a serious threat to your liberties, personal relationships and livelihood and it’s in your best interest to have a Theft Crime Defense Attorney by your side to help you understand the legal consequences of your case and implement a legal defense that may help you avoid severe penalties.

The Rolloff Law Office been handling the defenses of Theft and Shoplifting crimes in the Twin Cities and all over Minnesota for years. Among the cases we’ve handled include:

• Shoplifting
• Robbery
• Stealing
• Mail Fraud
• Bank Fraud
• Check Fraud
• Burglary
• Embezzlement
• Credit Card Fraud
• Insurance Fraud
• Internet Fraud

And, as a former state prosecutor, I have a profound understanding of the Minnesota legal system and how it deals with criminal matters. With a prosecutor’s trained eye, I can see through each case and identify, plan and carry out effective legal strategies on issues like search and seizures, evidentiary and Miranda issues.

When you entrust your case to us, you’ll enjoy full legal representation, from incisive discussions about your case so you have complete knowledge of where you stand to legal counsel any time of day, any day of the week.  Call for a FREE CONSULTATION: (612) 234-1165.

Theft & Shoplifting - Bloomington (Explained)

A Theft and/or Shoplifting charge in Minnesota can be one of the more severe and harshest crimes when compared to similar level criminal offenses.  Not only can a conviction stay with you for the rest of your life... it can have a major impact on your employment/job prospects, your housing options, and it can stain your name forever. For that reason, it is important to take the time to understand some of the basics surrounding Minnesota Theft crimes. As an experienced Minnesota Theft Crimes Defense Attorney, I have answers (and solutions) for the most commonly asked theft offense questions and cases.  Let me put my experience as a Prosecutor to work for you to help you with a basic understanding of Minnesota Theft offenses, as well as possible Theft defenses.

Just because you have been charged doe not mean you have to plead guilt and/or that you will be convicted.  

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

Minnesota Shoplifting (Explained)

While shoplifting is not considered by the curt to me a major offense --- the consequences are.  Sure, a person convicted of shoplifting may be placed on probation or receive another type of minor sentencing; however, the damage that is done to the accused's permanent record is what can make things like getting a job, finding a place to rent, and various other necessities hard to get.

When you are facing shoplifting charges, whether you are innocent or guilty, keep in mind that you are innocent until you are proven guilty. Therefore, it is often best that you say nothing that could indicate any kind of guilt because that could be used against you in court, making it harder for you to fight the charges. 

Luckily, you do have an experienced Minnesota Criminal Defense Attorney ready and willing to sit beside you, evaluate your case, and guide you through the process and set realistic expectations for you. In the end, working with an attorney may be your best bet to avoid short and longterm consequences all together.  

Shoplifting Defenses

If negotiation fails --- and often that is the best defense, especially if you are a first-time offender, understand there are still a lot of individuals falsely accused --- since the camera equipment does not always have high quality images. 

An accusation can have a negative impact on your life. If arrested in the store, then people are going to know your face and this is going to result in embarrassment and a lot of anger. Nevertheless, it is best for you to keep quiet and let your Minneapolis Shoplifting Defense Lawyer guide you through the process of proving your innocence or reducing the charges. Your attorney will also guide you in what you should and shouldn't say when you are being questioned.

If you or someone you know has been accused of shoplifting --- you do not need to deal with the situation alone. The legal system can be complicated, but it works in favor of everyone. It is important that the aspects of the legal system that are designed to help you are used to the fullest and only an experienced and competent defense lawyer can do that for you. Call the Rolloff Law Office today at (612) 234-1165 for a FREE case evaluation.

Shoplifting & Theft (Explained)

Of the "minor" crimes that I work with individuals on as a Minnesota Crimianl Defense Attorney - SHOPLIFTING is one that I believe that can cause the most damage outside the courtroom when it comes to EVER getting another job.  Seriously... in this age of instant background checks --- a drug charge or a DWI is not the detriment that an old, small mistake you made when you were a teen and pocketed that Chap-Stik without paying

Shoptlifting (Explained)

There are numerous acts that can be considered theft according to Minnesota law. A person can be charged with a theft crime if they do any of the following:

• Take, use, transfer, or conceal another person’s property without consent and with the intent to deprive the rightful owner of possession
• Steal property or services by false representation, trick, or swindle
• Find lost property and fail to attempt to give the property back to the rightful owner
• Purposely take property out of a money operated machine without depositing money
• Alter or remove identification numbers on property with the intention of preventing identification of rightful owner
• Steal cable through unauthorized connections
• Divert corporate property to use for something other than general business purposes

A person’s specific charge and sentence depends on the circumstances surrounding the alleged offense. The prosecution will consider both the value of the stolen property as well as how exactly it was taken when determining the ultimate sentence.

Consequences

A person can face felony charges and a potential sentence of up to 10 – 20 years in prison and $20,000 – $100,000 in fines if:

• The stolen property or services is valued at $5,000 – $35,000
• The property is a firearm
• The property is a trade secret or explosive

If the stolen property or services is valued at $1,000 – $5,000 a person can face up to five years in prison and fines of up to $10,000.

A person can be charged with a gross misdemeanor theft offense if they steal property or services valued between $500 and $1,000. This carries a potential sentence of up to one year in jail and/or $3,000 in fines.

A misdemeanor theft charge occurs when a person steals property or services valued at less than $500. This offense is punishable by up to 90 days in jail and fines of up to $1,000.

There are numerous exceptions and defenses to these consequences. Anyone charged with a theft offense should contact the Rolloff Law Office at (612) 234-1165 as soon as possible to discuss possible defense strategies for their case.

Minnesota Theft Crimes (Defined)

The State of Minnesota defines theft as the act of an individual --- intentionally taking another person's property for their own benefit. The common theme in Theft cases is that the offender knowingly commits the act and uses dishonesty and deceit in order to acquire, use or keep the possessions of another person. Enlist the services of an aggressive Minnesota Criminal Defense Attorney if you have been charged with Theft so that a defense case geared to protect your rights and freedom can be initiated.  Because, not only could the accused be in trouble in court --- if you fail to properly address a Theft charge out of the shut ... it could harm you in the long-term, inducing when it comes to trying to get a job.  

Types of Theft

There are a variety of offenses of Theft crimes such as shoplifting, credit card and check fraud,burglary, robbery, identify theft, looting and others. Minnesota theft laws leave little room for light sentences in the event of a conviction, and those found guilty are often faced with penalties based on the value of the possessions. 

Theft crimes of less than $250, for example, warrant a misdemeanor charge. A gross misdemeanor is applied to theft crimes of $250 to $500, and any crimes involving items valued at over $500 are categorized as a felony. Penalties may vary according to the charge, but all convicted offenders will face jail or prison time in addition to serious fines, with the severity of penalty increasing with the severity of the crime.

Trusted Theft Crime Representation in Minnesota


The Rolloff Law Office is a dedicated criminal defense law firm that focuses on providing high-quality legal representation to clients who have been charged with a theft in the State of Minnesota.  I pride myself on the ability (honed while working as a former prosecutor) the ability to build compelling cases intended to establish reasonable doubt through diligent research, effective court representation and a tireless drive to explore every possible option in order to pursue the most favorable result. Call today to set up a FREE consultation: (612) 234-1165. 

Minnesota Shoplifting Charges (Explained)

Shoplifting --- although a minor offense ---- can have major consequences (if not in court) then as it regards your future.  That's right - it could hurt your job (or ability to find work,) and could also keep you from getting certain benefits.  Your best bet - talk to an experienced Minnesota Criminal Defense Attorney - before you take any actions.

Can I travel outside the United States If I have been  convicted of a shoplifting case?
The answer in many cases is no. Many countries such as Canada, Mexico, and some European and Asian countries will not allow you to enter without special waivers and visas which can be difficult or impossible to obtain.  Since 9-11 many countries have upgraded security protocols for entry and many now search for criminal records at your point of entry.


Can I be fired from my job due to a shoplifting conviction? 
The answer is yes.  Unless you have an employment  or union contract that states otherwise your employer can generally terminate you upon learning of your conviction.  Most employment and union contracts however state that a criminal conviction is grounds for dismissal.

Can an employer discriminate against hiring me if I  am convicted of a shoplifting charge?  Yes, an employer  can discriminate and not hire you if you are convicted of a shoplifting charge.  Furthermore even an arrest for Shoplifting in Minnesota will be noted on your criminal record.

If my record is expunged, can my conviction for shoplifting still be used against me?
The answer to this  is yes in many cases, however, the grounds are too long to list here.  If you have specific questions - please call the Rolloff Law Office to set up a FREE CONSULTATION at (612) 234-1165.

What if I told the police or admitted to the store that "I did it" can I still have a lawyer represent me and  win my case:  The answer is yes we can still help you and maybe "win" your case but you must take the first step and call so I can review the facts of your case in the privacy of our office.  You do have rights just remember your Miranda warnings, but they are limited.

Can one of your shoplifting lawyers help me if I have  court tomorrow?
The answer is yes.  Although it is not  advisable to wait until the last minute to hire an attorney for a shoplifting case, we can still help you.  Obviously, the more time our lawyers have to work on your case, the better the results.  Its never to late to try.  We understand that many courts will may only give you a day or even a week to hire a lawyer before mandating your appearance in court and thus in most cases we can give you a same day appointment --- and it's FREE!

How much will it cost for representation?
The answer is: it depends! It could be a few hundred, it could be much more; it will depend on the lawyer you choose, the amount of time your case needs and the results that you want, whether you were arrested or simply notified of a pending charge and lastly, whether your case will be set for trial in superior or municipal court.  We do offer set fees, hourly fees and financing is available in some cases. The question is how much will it cost you if you do not hire the right attorney and get convicted, when you cannot find a job, your education is wasted and your family can not meet its financial needs?

Don't go it alone --- this is some serious sh*t.  Call the Rolloff Law Office today to set up a FREE CONSULTATION: (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.

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

Minnesota Shoplifting (Explained)

No criminal accusation can be more confusing and/or embarrassing as Shoplifting/Theft.  Not only can this little mistake or lapse in judgement cause you short-term problems (like having to have to go to court, pay fines, etc,) but the long-term consequences can be even more devastating.  This is why you need to know your rights and talk to a Minnesota Criminal Defense Attorney.

Under Minnesota law, Theft offenses are quite varied. Ranging from walking out of a store without paying for something or you might be alleged to have deceived someone for monetary gain. As a Minnesota Criminal Defense Attorney, I know the "ins" and "outs" of Minnesota's Theft laws and can make sure that you get the outcome you deserve while involved in the criminal justice system.

What Can a Lawyer Do?

As your attorney, it would be my responsibility to make sure your rights are protected at every stage of the criminal justice process. I also work to ensure that you get the best possible results on your case.

What Are the Consequences?


The type of charge and sentence you might receive depends on many factors and the circumstances surrounding the alleged offense. Number one: the value of the property or services your receive.

If the value is greater than $5,000 but less than $35,000 or the property is a trade secret or explosive, you will also face felony charges and up to 10 years in prison with fines reaching $20,000.

If the value of the property or services is more than $1,000 and less than $5,000 you will face up to 5 years in prison and fines of $10,000.

If the value is between $500 and $1,000 your charge will likely be a gross misdemeanor and your potential sentence could reach up to one year in jail and $3,000 in fines.

Many Shoplifting offense fall under this provision of the law:

Any cases involving property or services valued at less than $500 is a misdemeanor and punishable by up to 90 days in jail and fines of up to $1,000.


What Constitutes Theft?

There are numerous acts that constitute theft. If you do any of the following you could be charged with this offense:

• Intentionally take, use, transfer, conceal, or retain possession of property of another without consent and with the intention of depriving the rightful owner of possession;
• Obtaining possession, title, or services through false representation;
• Obtaining property or services from another by trick or swindle;
• Finding lost property and failing to attempt to find the right owner and surrender the property;
• Intentionally obtaining property out of a money operated machine without depositing money;
• Altering or removing identification numbers on property with the intent to prevent identification of rightful owner; and
• Stealing cable through unauthorized connections.

What Should You Do?

There are a many different Theft/Shoplifting offenses under Minnesota law. Many of them are confusing and very complex. To be certain you know what you are up against when facing theft charges in court, call to discuss your case today.

If you want to have your situation cleared up - call the Rolloff Law Office for a case evaluation.  We'll discuss the allegations against you, and let you know all the possible defense options, and what you can expect might be the most likely and possible outcomes.

Find out what we can do to help by calling us today: (612) 234-1165.

Minnesota Domestic Assault & Gun Rights (Explained)

As a Minnesota Criminal Defense Attorney, I gets lots of questions about Domestic Violence.

Domestic Assault is generally defined as either "an act intended to cause fear of immediate bodily harm or death" or "an attempt or actual infliction of bodily harm upon another" who is a household member.  

This can include any of the following relationships:

• Spouses and former spouses;
• Parents and children;
• Persons related by blood;
• Persons who are presently residing together or who have resided together in the past;
• Persons who have a child in common regardless of whether they have been married or have lived together at any time;
• A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
• Persons involved in a significant romantic or sexual relationship.

These definitions are quite important since it is a common misconception that two persons must actually live together to be in a domestic assault.  Likewise, domestic assaults do not only occur between spouses or between parents and children. 

Levels of Domestic Assault

Domestic Assaults are known as "enhanceable" offenses in Minnesota.  This means if a person is convicted of domestic assault, any future charges and convictions for assault or "qualified domestic violence-related offenses" will be treated harsher.

• Misdemeanor: First-time offense or no qualified domestic violence-related convictions in the past 10 years;
• Gross Misdemeanor: One prior qualified domestic violence-related conviction in the past 10 years;
• Felony: Two or more qualified domestic violence-related convictions in the past 10 years (maximum punishment of 5 years in prison or $10,000.00, or both.)

 Qualified Domestic Violence-related Offenses in Minnesota

What is considered a "qualified domestic violence-related offense" under the laws of the State of Minnesota --- here are some examples:

• Violation of a domestic abuse order for protection
• Violation of a domestic abuse no contact order (DANCO)
• Murder in the First and Second Degree
• Assault in the First, Second, Third, Fourth and Fifth Degree
• Domestic Assault
• Domestic Assault by Strangulation
• Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
• Malicious Punishment of a Child
• Terroristic Threats
• Violation of a Harassment Restraining Order
• Stalking
• Interference with an Emergency Call

As you'll note, someone with any of these convictions who then commits a Domestic Assault will face "enhanced" charges and more severe penalties.

Domestic Assault and the Effect on Firearms in Minnesota 

If an individual is convicted of Domestic Assault, and the court determines that the victim was a family or household member, the defendant can be prohibited from owning and possessing fire arms - forever!

Common Defenses

Some defenses to domestic assault include self-defense, defense of another person, defense of property and false allegations.  It is a common scenario to have one the defendant and the alleged victim as witnesses to the assault.  These cases are often referred to as "he said, she said" scenarios.  Factors to consider in such cases include the credibility of the witnesses and the criminal history of the defendant.  Because of assault case presents different facts and circumstances, it is wise to seek the opinion of a criminal defense attorney on possible defenses and the likelihood of success at trial.


What to Expect


Persons charged and convicted of domestic assault can expect to have their right to carry firearms taken away, as discussed above.  Defendants can also expect a combination of the following: probation usually lasting 2 years, a monetary fine, no contact with the victim, substance abuse counseling or treatment, community service, anger management classes, electronic home monitoring or local jail time.  First-time offenders typically serve no jail time or a very short amount of jail time (such as 2 or 3 days, which oftentimes can be served through community work service or house arrest).  For second and subsequent convictions, these same expectations exist but the length or probation is increased along with the likelihood the person will serve time in local jail.
Each case has unique facts and circumstances.  Furthermore, not every city and county handles domestic assault cases the same way.  Harsher punishment is typically sought in cases where the victim was badly hurt, alcohol or drugs were involved, there is a pattern of abuse, a weapon was involved or where the defendant has prior criminal convictions.


Domestic Assault Defense Attorney in Minneapolis, Minnesota


If you face domestic assault charges in the Twin Cities, call the criminal defense attorneys of Keyser Law Firm at (612) 338-5007 for a free consultation.  You can also fill out the "Free Consultation" box on this page to directly e-mail our attorneys.  Our fees are affordable and we accept payment plans for select clients.

Minnesota Shoplifting (Explained)

If you have been arrested or cited for petty theft (ie., shoplifting) - you may think the situation is bad.  Don’t just give up and assume there is nothing to do.  You’re facing a possible theft charge that can have devastating effects on your future.

What Can Be Done?

In a shoplifting case, like any other, I, as a Minnesota Criminal Defense Attorney, look at a case from three ways:

I.     Do you have any factual defenses?

Assuming everything in the police reports is true and accurate, does it all add up to the elements of the charge you’re accused of?  If you’re charged with theft, can they prove that you had the specific intent to steal?  How can they overcome whether or not it was an accident or mistake on your part?  If you’re charged with burglary, can they prove you had the intent to steal before you entered the store?  I know they’re subtle distinctions, but they are necessary elements of the crime the prosecution must be able to prove beyond a reasonable doubt. From there, we know that the reports are not always 100% accurate. 

II.     What in the report doesn’t add up? 

Are the times, sequences or witness statements conflicting with each other?  Are there obvious errors in what happened that can be easily torn apart? When I consult with my clients, we review the facts of the case down to the smallest detail to see where the gaps in the case are.

III.     Do you have any legal defenses?
Because most shoplifting cases involve a “private person’s arrest” (sometimes called a “citizen’s arrest”) by the store personnel, they are not necessarily under the same rules as the police.  Under the laws of the State of minnesota, they do have a right to detain a person they suspect of shoplifting.  If they search you, they don’t have to have a warrant or probable cause like the police do.  But that doesn’t mean that they can do whatever they want.  The store loss prevention officers (a.k.a. security) must still act within the law and appropriately.  I have had cases where the loss prevention agents spied into dressing rooms - a clear violation of criminal law.  This can absolutely be used to our advantage in your defense.  Similarly, if the store security guards used excessive force, that can lead to a tremendous advantage to you either in negotiating your case or fighting it at trial. From there, the actions by the police - Miranda warnings, searches or other police procedures can factor into how to defend your case.

If the facts and the law are against you, how can I best protect you?



Assuming the facts and the law are stacking up against you, what can be done?  Often, there can be alternative dispositions worked out, hopefully to avoid a conviction for a misdemeanor theft offense.  Diversion, deferred entry of judgment, reduction to a misdemeanor or non-theft related charge are all potential outcomes.  Every case is unique, but by working together well before your court date, there are things you can do to help get me in the best possible position for a good outcome in your case when I go to court on your behalf.

If you or someone you love needs legal help - with a Shoplifting or Theft case - call the Rolloff Law Office today: (612) 234-1165.  Don’t wait until the last minute before you are due to appear in court.  Give me a call and we can discuss the details and where we’re headed with your case.