Minnesota Disorderly Conduct (Explained)

Disorderly conduct is the “one-size-fits-all” misdemeanor that appears to apply to a broad range of conduct, and is therefore subject to use/abuse by over-reaching prosecutors. As an experienced Minnesota Criminal Defense Attorney, I have represented many clients in Disorderly Conduct cases across the state. I have achieved dismissals in many cases.  Here is what you need to know - to get the right result.

The Law

To be convicted of Disorderly Conduct, in the State of Minnesota, the government must prove that a person did any one of the following acts.

• Engaged in brawling or fighting.
• Disturbed an assembly or meeting, not unlawful in its character.
• Engaged 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 You Should Do?

 

There are a number of defenses available to a person charged with Disorderly Conduct, and chief among these is the First Amendment, which guarantees every citizen a right to freedom of expression and speech. 

 

In a Disorderly Conduct case, a prosecutor must prove beyond a reasonable doubt that the person charged engaged in criminal, unprotected speech. This includes, for example, what the courts have termed “fighting words” (ie., words or gestures that are so insulting that it is likely to provoke an ordinary person to fight.)  In deciding whether certain speech rises to the level of “fighting words,” the court should examine a variety of factors, including the specific words uttered, the alleged victim’s ability to diffuse the situation through methods other than fighting, and other conduct by the perpetrator at the time of the incident.

 

 
If you have been charged with the crime of Disorderly Conduct, it may be the case that you did not commit a crime at all. The laws of the State of Minnesota allows for multiple defenses to this charge. The Rolloff Law Office is available to help you, and answer any questions you may have. Feel free to contact me for a no-cost consultation: (612) 234-1165

Should You Fight a Minnesota Speeding Ticket?

It’s what everyone hopes to avoid while driving: the dreaded “flashing blues” in their rear-view mirror, an indication that someone’s about to be pulled over. Hopefully it isn’t you. At one point or another, just about everyone drives faster than the posted speed limit. Generally speaking, traffic enforcement officers give motorists some latitude – allowing motorists to drive between 5 and 10 miles per hour faster than what’s allowed for – but anything more than that and a ticket is probably in your future.  If you have received a ticket --- speaking to an experienced Minnesota Criminal Defense Attorney. 
 
A  ticket has lasting effects. It can cause auto insurance premiums to increase for motorists who are convicted and attaches points onto the driving record. Get too many tickets, and it could result in a license suspension. 

Think About It

Generally speaking, most courts decide in favor of the police officer, typically because they have proof that confirms their observation. Furthermore, even if you think you have a compelling argument, there’s no guarantee that the judge will decide in your favor. Thus, you can wind up spending hours in court hearings and you don't get the result you want/need.  .

That being said --- having help (ie., a lawyer) can might be the best use of your time/defense to beat a charge and/or negotiate an outcome with the prosecutor to keep it off of your record. 

If you think spending a few dollars is worth the saving in the long-term. Call the Rolloff Law Office - our fees for citations start at under $200.  Call for FREE ANSWERS 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

What is Minnesota Gross Misdemeanor?

As an experienced Minnesota Criminal Defense Attorney, I get lots of questions.  Here's a common one:

What is a Gross Misdemeanor?

Under the laws of the State of Minnesota, a gross misdemeanor is a category of criminal offense that is punishable by a fine of up to $3,000 and/or one year in jail. 

Gross misdemeanors are considered more serious than misdemeanor offenses, but they are not as serious as felonies. If you have been charged with a gross misdemeanor, it is your right to secure the services of a highly qualified Minnesota Criminal Defense Lawyer. 

Although a gross misdemeanor may not seem serious, the consequences of a conviction can follow you for the rest of your life. By fighting the charges, you may be able to minimize – or in some cases, completely avoid – the consequences.

A List of Gross Misdemeanor Offenses

• Repeat assault offenses
• Refusal to Submit to Testing
• Some DWI offenses (such as repeat violations or high alcohol readings)
• Certain other traffic violations
• Fifth Degree Criminal Sexual Conduct
• Interference With a 911 Call
• Prostitution and some other sex crimes. 

When you hire an experienced Minnesota criminal defense attorney, you will receive the guidance that you need throughout the legal process. The Rolloff Law Office has helped many individuals throughout Minnesota with defending against gross misdemeanor charges.  A conviction can lead to fines and jail time. The judge may also order counseling, house arrest, restitution or community service. This is in addition to the conviction that is present on your criminal record, which can be seen by potential landlords or employers, financial institutions, or anyone else who might be curious. Even a non-felony theft conviction can cause you problems in the long-term, putting your future at risk. Your attorney will help you by giving you the comprehensive legal help that you need to get the best result in your case.

Call today, for a FREE CONSULTATION: (612) 234-1165

Minnesota Criminal Sentencing Options (Explained)

Like with any story, people want to know how it ends.  As an experienced Minnesota Criminal Defense Attorney one questions I get a lot is: What Will My Sentence or Consequences Be?  Listed below are how the majority of cases are resolved in the State of Minnesota.

Case Outcomes

Through a trial or plea bargain negotiations, there are several possible outcomes to any case.  The benefit of a plea bargain is that you know what the sentence will be before admitting to the offense.  The possible outcomes for trial or plea negotiations are as follows:

• Dismissal - all charges dismissed ... pretty easy to understand, right;
• Continued Without Prosecution ("CWOP")  or Continued For Dismissal ("CFD"). Here, your case is set aside and p does not go forward for an agreed upon period of time - usually a year. Then, if certain conditions are met by the end of the time period, the case is dismissed;
• Stay of Adjudication - A plea of guilty is offered to the court, but the court does not accept it. If all conditions are met at the end of the probation period, the case is dismissed --- much like a CWOP or CFD;
• Stay of Imposition - The court does not impose the full sentence but puts you on probation with terms and conditions. At the end of the probation period, if all conditions are met, the conviction may be determined to be a lower level than charged, or (if negotiated) the case is vacated and dismissed --- often a Felony becomes a Misdemeanor;
• Stay of Execution - This is when a sentence is imposed, but some or all terms are not imposed, and the defendant is placed on probation. The execution of the sentence will be stayed ... conditioned upon terms that are up to the court --- this usually involves someone serving jail time on the county lock up as opposed to going to prison;
• Diversion program - Certain crimes or defendants are eligible for a programing that takes the accused out of the court system and puts them into a program designed to rehabilitate the offender. If all conditions are met, the case is dismissed.   
• Execution of the Sentence - This is when the judge imposes the sentence without any stayed condition.

  

Don't be afraid to get answers to your questions, before you spend your hard earned money.  Call or text the Rolloff Law Office - ANYTIME -  to get answers for ask these questions and any others: (612) 234-1165

Hennepin County Drug Charges (Heroin)

Heroin ... all over the news these days ... is being reported as one of the more addictive drugs & its abuse is once again climbing. Law enforcement, law makers and the courts are not blind to this fact, and they are taking action.

If you or someone you love is accused of heroin possession in the State of Minnesota, there’s a good chance that you are scared - and rightfully so. Fortunately, an experienced 
Minnesota Criminal Defense Attorney may be able to help. 

Consider This

Minnesota is known for being tough on crime ... and Controlled Substance Crimes in particular.  Possession of heroin is a serious felony-level charge, no matter how much someone is accused of possessing. This means that a conviction could result in prison time, lengthy probation ... and all of the "crap" that goes along with being charged with a felony. 

Having had started out as a prosecutor, I have an insight into how these matters can and should be handled ... working to earn a   a positive resolution of your case.

Penalties

Possession of heroin is a felony charge, no matter the amount one is found to possess.  However, the actual amount does factor into  the charge you face and the potential consequences.  In the State of Minnesota, the law sets-forth these penalties:  

• Fifth Degree Possession (Less than 3 grams) - up to 5 years in Prison and $10,000 in fines;
• Third Degree Possession (From 3 - 5.9 grams)  - up to 20 years in prison and $250,000 in fines;
• Second Degree Possession (From 6- 24.9 grams) - up to 25 years and $500,000 in fines; and 
• First Degree Possession (25 grams or more) - up to 30 years and $1 million in fines.

Evidentary Issues 

There are many laws protecting your rights and dictating how the evidence gathered against you must be handled ... and if law enforcement fails to do their job correctly ... there are sometimes opportunities for your Minnesota Controlled Substance Crime Attorney to argue that it should be suppressed.

Example: If it can be shown that your rights were violated in the search or that the evidence was not properly handled, there may be cause to have your case thrown out completely.

Plea Deals

In many cases, a plea bargain is the best option for everyone involved. This is true ... if you admit some level of wrongdoing but want to avoid the worst possible penalties. Often, especially if this is your first offense, you can avoid prison time with a plea agreement --- you can even (maybe) keep this off of your record all together.  The terms of the agreement will be based on a variety of factors including the facts of your case, the prosecutor working on it, and your prior record.
   

The best criminal defense strategy for your case depends on a million different things ... all too often.  Working with the Rolloff Law Office, to develop this strategy, begins with a FREE CONSULTATION.  Call today to discuss your case.

Should We Hire a Juvenile Criminal Defense Attorney?

If there is one thing I know, personally, is that everyone makes mistakes—especially young ones. 

One thing to be careful about: children and teenagers involved in criminal activity are prone to long-lasting penalties that could impact the rest of their lives. As and experienced Minnesota Juvenile Criminal Defense Attorney, I can help provide the support - legal and otherwise to your child and your family - and make sure the potential penalties don’t damage the future.  

What to Expect

Minnesota law defines a "juvenile" as a person between the ages of 10 and 17. When a juvenile commits a crime, the laws, procedures and the consequences are different than they are for adult criminals. For example, juveniles are not entitled to a jury trial or bail release.

Some of the most common juvenile crimes in Minnesota are:

• Alcohol Violations Involving Minors
• Drunk driving - "Not a Drop"
• Speeding, careless/reckless driving, and texting while driving
• Shoplifting/theft
• Employee theft
• Drug possession
• Obstruction of justice
• Disorderly conduct

Juvenile crimes can range from misdemeanors to felonies ---  depending on the circumstances surrounding the crimes. In the most serious cases, the juvenile offender can be charged and punished as an adult and even sent to prison.

Many children don’t deserve harsh sentences because they are often unaware of the consequences of their actions. Common punishments for juvenile offenders include counseling and detention in a youth facility or juvenile hall. Having a criminal attorney to fight against the prosecution and keep the charges to a minimum is a must.

How to "Win" the Case

The offender’s age, criminal history, and the circumstances surrounding the crime determine a consequence.  However, unlike criminal court, the intention is more focused on rehabilitation.  Therefore, if we work together ... getting "help" before the judge makes his order, we can work to keep the ultimate consequences to a minimum ... keeping the individual's future path free of the "clutter" these wrong-doings could cause.  
   

A Minnesota Juvenile Defense Attorney can ensure that a juvenile’s rights are not violated, and that they receive the support they need to grow.  Call the Rolloff Law Office today, to set up a FREE CONSULTATION: (612) 234-1165.  

What Will Happen in Court (Explained)

I understand that the optimal result for anyone charged with a crime is to see it dismissed or in the alternative to have a judge or jury find them not guilty.  However, there are those times - whether it's that the State's case is a strong one or a client just wishes to not have a trial  and to be done with the whole affair - that I am tasked with answering one of the most difficult questions an experienced Minnesota Defense Attorney has to hear: "If I (have to) plead guilty - is there anything that can be done to lessen how that will look on my record?"

How Do I Plead Guilty?

As a former prosecutor and as an experienced Minnesota Criminal Defense Attorney, I know that proper representation can have a huge impact on limiting the impact that a "guilty" plea will have on an individual's record.  Believe it or not, there are a number of alternative dispositions (short of a plea of a straight-up "guilty" plea) that are used to conclude cases everyday in courts throughout the state.  Some of these options include:

I.   Certification of an Offense as a Petty Misdemeanor 

The answer to the question: when is a crime not a crime - is when that crime/offense is charged as and/or reduced to a Petty Misdemeanor. According to statute,  petty offenses do not constitute crimes.  Therefore, if say the Misdemeanor you were initially charged with is later reduced to a Petty Misdemeanor - at any date in the future if you are ever asked if you have been convicted of a criminal offense - as it concerns that offense - you can truthfully answer "no."

II.   Stay of Adjudication

Under a stay of adjudication, an individual admits to facts in court that would support a conviction; however, instead of accepting the plea, a judge (after an agrrement has been reached with the government) withholds a finding of guilt, for a period of time, usually on the condition that that individual do (or do not do) certain things.  If you sufficiently comply with those conditions, the matter will ultimately be dismissed and the plea will be vacated.

III.   Continuance for Dismissal (and/or Without a Plea)

This outcome is similar in form to a Stay of Adjudication - insofar as the ultimate result could end up being a dismissal; however, instead of setting forth facts that would support a conviction, the government usually agrees to end its prosecution after a certain period of time - provided that the offender pays some prosecution/court costs and/or is not charged with any same or similar type offenses before that time period expires.

IV.   Stay of Imposition: 

For more serious offenses, like Felonies, an individual may plead guilty (or even be found to be guilty;) however, instead of sentencing him/her on said Felony - judges can stay imposition of the sentence for a period of time on certain terms and conditions. If the individual complies with those terms, their Felony "conviction" could ultimately be reduced to/designated a Misdemeanor.  As such, all the collateral consequences that go along with a Felony conviction should not be a factor in your life going forward.

V.   Diversionary Programs

Certain cities and counties have programs in place that allow individuals to avoid a conviction if they agree to participate and comply with the terms of these classes. An example would be if someone successfully completed traffic school - a moving violation would be dismissed.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

How to Keep a Speeding Ticket Off of Your Record

I get it --- If you can --- keep speeding tickets (heck - ANY tickets) off of your driving record, right?  Why? ... Well, we all know that your insurance company will use them as an excuse to send your rates through the roof. 

How to Keep a Ticket Off of Your Record

In Minnesota, there are a couple of different ways to do this ... with or without an experienced Minnesota Criminal Defense Attorney.  

The easiest is to request court supervision. Some Minnesota courts may allow you to use this option.  This means negotiating a resolution whereby --- as long as you get no new tickets the conviction won't show up on your record. In order to do this, you must do three things: (1) obtain an agreement from the DA, (2) pay the "fine" they assess, and (3) make sure that you get no new tickets of a same or similar nature.

The other way of "beating" a Minnesota Traffic Ticket is far less reliable: pleading guilty and trying to defend yourself against the charge. If you try to do this, it's important to make sure you have a valid defense-otherwise, you are wasting your breath. To help motorists examine the strength of their defensive strategy, the court's even provide a list of defense that will not be accepted:

• "The sun was in my eyes."
• "I was keeping up with the flow of traffic."
• "My speedometer was broken."
• "I did not see the sign." (Unacceptable unless the sign was not placed in accordance with state standards.)
• "I was unfamiliar with the neighborhood and was lost." 

In fact, if you choose to plead innocent, you may be better of using the services of a Minnesota Traffic Ticket Lawyer. Such a person is much better prepared to argue your case than you could ever be. Lawyers know which defenses are likely the work and which won’t, and they have a better knowledge of the ins and outs of the court system than most people do. 

If you have ANY questions about what a lawyer can do for you - call The Rolloff Law Office to set up a FREE consultation.  Call (612) 234-1165.

MN Traffic Tickets - Beat Them (Explained)

A traffic ticket may not seem very significant, but the effect it can have on your insurance coverage can be substantial that's why you should consider talking to an experienced Minnesota Criminal Defense Attorney --- and see what can be done to keep it off of your record.  Beat the ticket and you protect the stability of your insurance premiums, you keep your driving privilege and your record stays clean --- protecting you against future problems.  

Minnesota Speeding Ticket Attorney 

The Rolloff Law Office has helped hundreds of individuals struggling with criminal charges --- and we've been successful in helping beat the following traffic violations involving:

• Speeding
• Careless driving
• Running stop signs
• Driving without proof of insurance
• Driving after license revocation
• Driving after license cancellation

Having worked with hundreds of clients facing various traffic violations, our team has gained extensive knowledge of the state laws surrounding those offenses above. We can effectively create a defense strategy that is customized to your specific needs.

Keeping your best interests in mind, our lawyers will fight to eliminate your charges and fines, or to significantly reduce them. We are committed to working with you to resolve your traffic violation in order to protect your driving privileges and keep your insurance rates low.

Contact the Rolloff Law Office today to schedule a free initial consultation regarding your criminal charge; call (612) 234-1165.  We are available to help you 24 hours a day, seven days a week.

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.

Minnesota Stay of Adjudication (Explained)

There are a lot of ways to conclude a case that can have the effect of not adding to your record --- even when you plead guilty.

In any case, your experienced Minnesota Criminal Defense Attorney can help you avoid a long-term mark on your criminal record (even if you plead guilty) by negotiating a Stay of Adjudication.

What is a Stay of Adjudication?

If you are guilty of an offense (or it is likely you would be found to be) - this is a decent outcome because  the offense can be kept off of your record if you successfully complete probation.

How it Works

Yes - you have to plead guilty.  However, the judge does not accept the plea.  What this means is that a conviction is not entered against you --- and if you successfully comply with the conditions the court puts on you (during the period of the stay) --- at the end of that time the matter is dismissed.

If you are charged with ANY offense, and you do not want take the matter to trial --- a Sty of Adjudication is the best possible way to avoid any conviction going on your record.  As a Minnesota Criminal Defense Attorney I have negotiated a number of these accommodations   If you want to find out how to avoid a conviction - even though you maybe guilty - call the Rolloff Law Office at (612) 234-1165 to set up a free consultation.  

Minnesota Stay of Adjudication (Explained)

**** NEWS FLASH ****


If you've been charged with an offense - there's no guarantee you'll actually be convicted of it.  Additionally, you may even plead guilty - and not have the offense go on your record.  


Seriously, a Minnesota Stay of Adjudication for a felony (or misdemeanor) level offense can entirely avoid a conviction --- provided you successfully complete probation. How do you get this "deal"? The first place to start is by consulting with an experienced Minnesota Criminal Defense Attorney.  


What?


With a Stay of Adjudication: You do plead guilty to an offense. However, the Judge does not "accept" your guilty plea.  Rather, you get a Sentence of a "Stay of Adjudication." 


What this means is that a conviction for an offense is not entered on your criminal record, provided you successfully complete probation. Once you do, he charges are dismissed, and your criminal record is clear of any convictions. However, arrest records will still show that you were arrested. In order to get rid of these arrest records, you will need to pursue an expungement of your record.


Or put another way: Adjudication of your guilt will be "stayed," meaning that you will not be found guilty. However, you will still be placed on probation. Additionally, the Court may still impose probationary conditions that include local jail time, fines, community service, electronic home monitoring, or any other conditions the Court deems appropriate.

Now What?



If you are charged with any offense, and do not want to take the risk of going to trial, a stay of adjudication is the best way to avoid any conviction at all. Ideally, your Minnesota Criminal Defense Attorney will aggressively negotiate with the prosecutor in order to get you a stay of adjudication. With the right lawyer, you may be able to receive a sentence that will not impact you as severely throughout the rest of your life. 


If you've been charged with any criminal, contact The Rolloff Law Office today to discuss your case and the options available to you. Call (612) 234-1165.

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.

Pleading Your Criminal Case in MN (Explained)

The optimal result for a person charged with a crime obviously is a dismissal of the charges or a finding of not guilty by a judge or jury. Oftentimes, however, the goverment’s case is strong, or the accused simply wishes not to have a trial. In these instances an experienced Minnesota Criminal Defense Attorney can play a pivotal role in limiting the impact that the resolution has on you.

Set forth here are some of the types of outcomes that an attorney can help you reach.

Certification as a Petty Misdemeanor

The defense attorney may negotiate a deal with the prosecutor where the offense is treated as a petty misdemeanor and then you will not have a conviction on your record.

Reduced Sentence

The length of the sentence dictates whether the crime is treated as a felony or gross misdemeanor. Therefore, a defense attorney could negotiate a deal where a person charged with a felony pleads guilty, but is sentenced to a year or less in jail. The conviction is therefore treated as a gross misdemeanor.

Stay of Adjudication

Under a stay of adjudication, the defendant admits to facts in court that support a criminal conviction, but the judge withholds finding the defendant guilty for a period of time on the condition that the person has no same or similar offenses and complies with conditions imposed by the court. If the person successfully completes the probationary term, the charges are dismissed and the plea of guilty is vacated.

Continuance Without Prosecution ("CWOP")

In a continuance without prosecution, the charges against a defendant will be dismissed after a certain period of time provided the defendant pays prosecution costs and is charged with no same or similar offenses. (CWOPs are similar to a stay of adjudication except that there typically is not an admission of fact on the record.)

Stay of Imposition

If you plead guilty or found guilty and the judges stays imposition of the sentence, a felony conviction may be dismissed and reduced to a misdemeanor offense if the defendant complies with terms of probation.

Stay of Execution

Execution of a portion or all of a sentence may be suspended for a period of time if the defendant complies with the terms of probation.

Diversion

Certain county attorney offices have diversion programs that allow a defendant to avoid a conviction if they agree to participate and comply with program terms.

The Next Best Step

There is no guarantee that your case will be resolved in the fashion described above. But, The Rolloff Law Office can help to put you or someone you love in a far better position to broker such an arrangement. Contact us today - (612) 234-1165 - to learn all of your options and how we can help you obtain a result that works for you.