Things you might need to know if you've been arrested for an offense like Drunk Driving. If you are interested, read on. If you're in need of a Minnesota Criminal Defense attorney - CALL or TEXT: (612) 619-0262.
Thursday, January 12, 2012
Minnesota Assault Charges (Explained)
Assault is a very serious charge that can result in substantial jail time and fines depending on the circumstances.In many cases, an Assault charge is the result of a fight where the alleged victim is either the one who called the police, or got the worst of it, regardless of who actually started it.
But when you are facing a serious criminal charge, you need an experienced Minnesota Criminal Defense Attorney to argue on your behalf, and work to get the charged reduced or dismissed.
And you need to act quickly, before you lose your chance to file motions in court on your behalf.
What is Assault?
Under Minnesota criminal law, the crime of Assault is charged at different levels based on the intent of the attack, the level of harm caused, who the victim was, and whether or not a weapon was used. One's criminal history also comes into play when considering the level of crime - from Misdemeanor to Felony - that is charged.
Due to the fact that such designations are so fact specific, it is important to speak with an attorney about your case to ensure that you're not being overcharged.
How to Beat a Minnesota Assault Charge
There are many different ways to successfully win a criminal assault case in court. To get the charges reduced, I will often contest the intent of the accused, or challenge the degree of the injury. To get a case dismissed, I will argue that the fight was mutual, or that the other person started it and it was self defense. These cases can be complicated, and how I would actually proceed really depends on the facts of your case.
Your Next Step
As a former DA, I've been on both sides of these cases. I know how hard they are to prove and what needs to be done to defend my client to ensure that their rights and freedoms are upheld. Before you decide to go it alone, call The Rolloff Law Office and set up a FREE consultation, and after reviewing the facts I'll tell you exactly what I can do to help you. Call today: (612) 234-1165.
Wednesday, January 11, 2012
Minnesota DWI - FAQs
As a Minnesota Criminal Defense Attorney I get a lot of questions about DWIs. Here are some of most frequent questions I field.
Minnesota law includes jail time in all Drunk Driving convictions. A first-time, misdemeanor DWI, if you're convicted, could lead to a sentence of up to one-year in jail if the judge feels that is what you deserve. If you act quickly and contact the Rolloff Law Office, I can take action to defend you against jail time and other penalties.
Will I lose my driver's license?
A license revocation is automatic without even being charged with a DWI. If you choose to defend against charges, I can represent you at the licewnse revocation hearing to fight the revocation and defend your right to legally drive.
Should I just plead guilty to DWI?
Although many people do do that - what they come to learn is that their case could have been successfully defended. Know thins the costs involved in a DWI conviction are much more than attorney's fees and fines. There's the driver's license renewal fee, higher car insurance premiums, and even the loss of potential income because of employment opportunities that you mightbe excluded from. Even if you decide to go it alone, you should get your case evaluated by a Minnesota DWI Attorney and discuss a defense and review the evidence against you for flaws.
What types of Drunk Driving charges does the Rolloff Law Office defend against?
I represent clients facing all types of DWI charges, including felony DWI, first time DWI, CDL DWI, DWI with injury, multiple DWIs, underage drink and driving, DWI-Drug Induced, leaving the scene of an accident, vehicular manslaughter, BWI, as well as drivers license restoration, and DWI appeals, among others.
How do I choose a DWI lawyer?
Look for training, experience, successful case results and someone that you know will focus on your case and not treat you like just another number. In order to successfully defend a Drunk Driving charge, it takes conviction and a full focus on your case. The Rolloff Law Office takes on cases fully committed to fighting for every possible advantage for our clients. Call today to schedule a free, on obligation consultation - (612) 234-1165.
Thursday, January 5, 2012
Do You REALLY Need an Attorney? (Explained)
Ask yourself this --- what do you do if you have been arrested for a crime? If you are like most people, you will probably panic.
At a minimum, what you should do, is contact a Minnesota Criminal Defense Lawyer as soon as possible. Regardless of the circumstances surrounding your case, regardless of whether the whole situation is a big misunderstanding, regardless of if you have never been arrested before, the next best move you need to make (to avoid any more problems) is to speak to someone who knows what's really going on.
Or - just think of it this way - keep your head up, keep your mouth shut and call a lawyer ASAP.
What Are You Up Against?
In my career I've been party to every type of case - from almost every angle. I started out as a clerk to a judge, then I moved into the county attorney's office - and now (talking all I've learned) I represent defendant's in criminal court.
What this means for you is that you are getting an experienced, committed and aggressive trial lawyer that is not afraid to go above and beyond the boundaries to get you the best outcome possible. I represent clients facing all criminal offenses including:
- Criminal sexual conduct, prostitution and other sex crimes;
- Manslaughter, murder, assault and other violent crimes;
- DWI and other traffic violations;
- Probation hearings and orders for protection;
- Drug crimes including trafficking and possession;
- Repeat offenders and juvenile offenders;
- Obstruction of justice; and
- Fraud, false information, forgery and theft crimes.
All of these criminal accusations come with serious consequences if you're found guilty. In some instances you could be faced with a lifetime in prison and a fine as hefty as $1,000,000. In other cases you may only lose your license and receive a black mark on your record. However, in the best case scenario, you will be able to walk away with a clean record and a clear name. This is what we strive for when you work with the Rolloff Law Office.
Why and How a Lawyer Helps
One of the biggest things that will impact your case is the evidence gathered by the government. Fingerprints, DNA, lab results, blood tests and urine samples can all be used against you. However, the thing about this kind of evidence is that there are often a lot of complications. Lab results are not just black and white – there are many gray areas in there that can be used to your advantage. While a proven DNA match may seem like an open and shut case, there could be problems with the retrieval of the sample, with the actual match and with the testing procedure. This is only one of the many examples of how, with in depth research and experience, all cases can be argued.Hmm...
Minnesota Criminal Defense Attorneys are a dime a dozen. So how do you know which is the right for your case? Call around, meet with a couple - and then trust your GUT go with the guy who you can trust to earn you the results that you want. Call the Rolloff Law Office today at (612) 234-1165 for a free consultation anytime, anywhere.
Tuesday, January 3, 2012
Minnesota DWIs - Clean Your Record (Explained)
As a Minnesota Criminal Defense Attorney, I'm often asked by individuals charged with Drunk Driving how long a conviction will stay on their record, or if the can come back at some future date and have the charged Expunged.
The bad news is that in the State of Minnesota a DWI will stay on a person's record forever, and it can NEVER be erased.
Why?
A Minnesota DWI is both a Criminal and Traffic Offense. As such, a conviction for a Drunk Driving goes on both a person's Driving and Criminal Records. Beyond that, a DWI is what's called an enhanceable offense - meaning that prior convictions can be used to elevate/increase the penalties (and designation of) future offenses of a same or similar nature.
Under Minnesota Law, as revised a few years ago, a combination of three prior alcohol-related driving offenses within the previous 10 years can result in a Felony for a fourth such offense (in that same time span.)
The rationale, I presume is that if a DWI is expunged, a person could avoid being charged with subsequent felonies - avoiding the sorts of Free Passes for DWI's that no politician is ever likely to back.
What Should You Do?
The best way to keep a DWI off of your record (short of not being charged with one in the first place) is to have someone on your side - if you're in fact charged - to ensure that it is fought so that your future is preserved.
I've defended individuals charged with DWIs - and I've earned them outcomes that preserved their otherwise clean records. Call the Rolloff Law Office today to ensure that you have someone working for you to hold the government accountable - (612) 619-0262.
Wednesday, December 28, 2011
Minnesota Probation Violations (Explained)
Within my practice, I am regularly called upon to help former (and new) clients in Probation Violation proceedings. While there are a million different reasons why a person can have their Probation "violated," these charges tend to fall into one of only a few categories.
In other words, a person will most often face a Probation Violation for one (or more) of 5 reasons:
- Missing a urine or other chemical test
- Testing positive for alcohol and/or drugs
- Missing a Probation appointment, or just stop Reporting
- Picking up a new case, or
- Not completing some condition of Probation, like community service, counseling, or paying all outstanding Fines and Costs.
Everyone has their reasons for "violating" Probation; however, a person has to understand that from the Court's point of view, this all boils down to the simple notion that a break was given, and the person apparently didn't live up to their end of the bargain. This is, understandably, frustrating to the Judge.
That being said, there are certain Courts that seem to "load up" on the Conditions of Probation. While no one ever wants to face a Violation charge, some people feel like they knew it was going to happen sooner or later, especially when they walked out of Court wondering if Jail wouldn't have been easier than having to do all the things that they feel were dumped upon them.
Who Violates Probation?
There are 2, and only 2 classes of people who wind up in front of a Judge for a Probation Violation:
- Those who voluntarily come to Court to resolve the matter, and
- Those who get picked up on an outstanding Warrant.
Once a person receives Notice of a Probation Violation, they either show up to take care of it, or they avoid it. Of those who avoid it, most are heard to offer all kinds of excuses if they subsequently get picked up by the Police and are taken in for the outstanding Warrant. From the Judge's perspective, all those excuses offered by someone standing before them in handcuffs for not having come in on their own, and all those stories about planning to come in and set the matter straight are like the "wah wah wah" noises made by Charlie Brown's teacher; just noise.
How A Lawyer Can Help
Unless there is a really good and provable reason why the Violation should be legally dismissed, an experienced Minnesota Criminal Defense Attorney is going to have to swing into "sales" mode - and he better be good (like the type who can sell ice to Eskimos, or water to fish) because being persuasive is about the only thing that stands between the person and a jail cell.
Your lawyer has to first explain to the Judge, in the best light possible, how or why you failed to comply with his Order. Part of this is knowing the difference between an explanation and an excuse. A person will have to explain, for example, how they had to work late and missed a urine test. That will never count as an excuse, in the sense that it will simply excuse the miss, but that beats the heck out someone saying "I was out on some friends boat, and we got all caught up partying, and I just forgot."
Then, your attorney has to present options to the Judge in terms of what to do. At the point where a person has, for lack of a more delicate way to put it, squandered the break given by the Judge, the Judge will be hard pressed to start looking for ways to be sympathetic and lenient and give another break. If you were the Judge, you might just figure that a couple of weeks in Jail will do the trick. And it sure would, but we want to avoid that, at all costs. Jail is a quick and easy decision, it seems appropriate for a Violation of Probation and, to the Judge's thinking, it only makes the person pay the price they were spared by being given Probation in the first place.
Therefore,your lawyer has to convince the Judge that the quick and easy decision IS NOT the best one. This involves a lot of considerations. From my point of view, one of, if not THE most important of those considerations is that the Lawyer needs to know what to say and how to say it to the Judge.
---
The larger point is that NOT going to Jail is more likely if a lawyer knows how to handle these matters - someone who does not waste a judge's time and knows how to be persuasive. There is a time to be argumentative (during a trial, for example) but arguing with a Judge at this critical stage is a losing strategy in every sense of the word. Thus, even though certain attorneys might be the best person around to defend someone in a murder case, that same guy may be the last person to hire for a Probation Violation.
What Should You Do?
You've read what I've written on this subject. Hopefully it's straightforward and does not simply drone on with the worn out and tired old lines about being "tough" and "aggressive?" If you think I'd be someone you'd like to work with - call me. To get the full measure of the man, you have to (in my opinion) stand before him and be able to assess as to whether you can trust that person with your future.
Call and meet with me today. The Rolloff Law Office - (612) 619-0262.
Friday, December 23, 2011
Minnesota Attorney Fees (Explained)
As I've set forth in a number of different posts here and on my website, although costs should be chief among an individual's considerations when deciding who to go with when picking a Minnesota Criminal Defense Attorney - it should NEVER be #1.
I get it - no one wants to pay too much, or any more than they have to, for anything. And, it's no different when it comes to legal fees. Granted, my fees might be more than what some Minnesota Criminal Defense Attorneys charge - but you'll also find that they're less than some others. Yet there are still really two competing bookends to this scenario.
Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.
As I asserted before, looking for a lawyer on a "low-bidder" basis is probably the worst way to find quality representation. This is because there is simply no way to not cut corners when offering a discount price.
On the opposite side of the coin, paying an arm & a leg all too often means getting "soaked." Anyone can request every document under the sun from the government and work the daylights out of a file, but whether or not that is necessary, or even advisable, is another thing altogether.
Example
Imagine a pipe leak in your basement:
One contractor may propose excavating all the soil around that wall in order to "get a good look" at the problem. This may cost thousands of dollars, but that certainly will do it.
Another contractor may simply show up and, for $150, slap some waterproof paint over the spot. That may very well stop the leak for a while.
Yet a third contractor may show up, trace the leak, and know, right out of the gate, that the right repair is to pump an epoxy sealant into the crack, fixing and sealing it forever. His fix will cost about $350.
The cheapest "deal" turns out not to be any kind of "deal" at all. The most expensive is downright wasteful, while the middle ground approach turns out to be the best bang for the buck.
Hiring a Minnesota Criminal Defense Attorney isn't really much different. The primary question becomes how much work is necessary - something that can vary from case to case.
A good attorney will always engage in a factual investigation once he takes on a case.
A bargain lawyer simply cannot afford to do that and expect to turn a profit, so they'll simply sign the client up for a quick plea deal.
The overpriced lawyers will often spin a large story about all the things that "could" be wrong with the case. (To be fair, these guys will rarely charge an exorbitant fee and simply rush in and quickly take a plea. They'll spend the time and effort and get enough records to choke a horse. The problem is that, all too often, this is a complete waste of time and money.)
Going back to the leaky basement wall, the most expensive contractor could tell the homeowner that they'll inspect the entire foundation of the home and dig up all the soil around all the basement walls, but in the end, in most cases, they'll wind up injecting the same epoxy into the crack that the middle guy would, except they'll wind up doing that after they've done several other thousand dollars worth of unnecessary and wasted work.
What Should You Do?
First, avoid the low-bidders. They bring nothing to the table but a waste of money. No self-respecting Minnesota Criminal Defense Attorney who thinks enough of his skills markets themselves on a bargain basis. I certainly don't. If they don't think enough of themselves to compete in the big leagues, it's not likely that any prosecutors or judges do, either. They build a practice upon moving cases in and out as quickly as possible, and their income is based on doing as little as possible in as many cases as possible. That's no way to have something as important as your criminal case handled.
Instead, a person should look for an attorney who will charge a fee that will include doing the necessary background work and investigation to make sure the crime charged is legally sound, and, if not, will then have a built-in structure to charge for the work necessary to intelligently challenge weak evidence.
Some cases are rather obviously solid. Say, when a Drunk Driver crashes into another car, and the cops arrive at the scene to find one of the drivers behind the wheel and obviously under the influence, it is highly unlikely that any judge will be tossing that case out. You can spend any amount and subpoena everything right down to the arresting officer's kindergarten school records, but such effort is not likely to result in the case being dismissed.
Other cases almost scream: FIGHT! Say, when a driver is pulled over for suspicion of DWI, and no breath or blood test is given, there is no actual evidence of intoxication. Taking a plea in such a case is simply selling out the client.
---
As a former prosecutor, if I sense that your case seems to have the hallmarks of being sound enough to not get tossed out, which really accounts for most cases, I'll begin the preparation process at our first meeting. I'll introduce you to the alcohol assessment process, and we'll get our first crack at learning how to perform as well as possible on it. Ideally, we'll make you a very appealing candidate for leniency - to earn you the best possible outcome for your case.
---
Hiring a lawyer means paying a lawyer. Pay too little, and you'll get too little. Pay too much, and you've just wasted your hard earned money. A good lawyer, or even a bargain lawyer, will cost more than a new refrigerator or TV set. Most people will spend some time and research such a purchase before handing over their money. It only makes sense to put in at least as much effort in finding the right lawyer to handle your case as it does in buying a new appliance.
In the end, about the best advice a person can follow in this situation is to "spend wisely." Who can argue with that?
I get it - no one wants to pay too much, or any more than they have to, for anything. And, it's no different when it comes to legal fees. Granted, my fees might be more than what some Minnesota Criminal Defense Attorneys charge - but you'll also find that they're less than some others. Yet there are still really two competing bookends to this scenario.
Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.
As I asserted before, looking for a lawyer on a "low-bidder" basis is probably the worst way to find quality representation. This is because there is simply no way to not cut corners when offering a discount price.
On the opposite side of the coin, paying an arm & a leg all too often means getting "soaked." Anyone can request every document under the sun from the government and work the daylights out of a file, but whether or not that is necessary, or even advisable, is another thing altogether.
Example
Imagine a pipe leak in your basement:
One contractor may propose excavating all the soil around that wall in order to "get a good look" at the problem. This may cost thousands of dollars, but that certainly will do it.
Another contractor may simply show up and, for $150, slap some waterproof paint over the spot. That may very well stop the leak for a while.
Yet a third contractor may show up, trace the leak, and know, right out of the gate, that the right repair is to pump an epoxy sealant into the crack, fixing and sealing it forever. His fix will cost about $350.
The cheapest "deal" turns out not to be any kind of "deal" at all. The most expensive is downright wasteful, while the middle ground approach turns out to be the best bang for the buck.
Hiring a Minnesota Criminal Defense Attorney isn't really much different. The primary question becomes how much work is necessary - something that can vary from case to case.
A good attorney will always engage in a factual investigation once he takes on a case.
A bargain lawyer simply cannot afford to do that and expect to turn a profit, so they'll simply sign the client up for a quick plea deal.
The overpriced lawyers will often spin a large story about all the things that "could" be wrong with the case. (To be fair, these guys will rarely charge an exorbitant fee and simply rush in and quickly take a plea. They'll spend the time and effort and get enough records to choke a horse. The problem is that, all too often, this is a complete waste of time and money.)
Going back to the leaky basement wall, the most expensive contractor could tell the homeowner that they'll inspect the entire foundation of the home and dig up all the soil around all the basement walls, but in the end, in most cases, they'll wind up injecting the same epoxy into the crack that the middle guy would, except they'll wind up doing that after they've done several other thousand dollars worth of unnecessary and wasted work.
What Should You Do?
First, avoid the low-bidders. They bring nothing to the table but a waste of money. No self-respecting Minnesota Criminal Defense Attorney who thinks enough of his skills markets themselves on a bargain basis. I certainly don't. If they don't think enough of themselves to compete in the big leagues, it's not likely that any prosecutors or judges do, either. They build a practice upon moving cases in and out as quickly as possible, and their income is based on doing as little as possible in as many cases as possible. That's no way to have something as important as your criminal case handled.
Instead, a person should look for an attorney who will charge a fee that will include doing the necessary background work and investigation to make sure the crime charged is legally sound, and, if not, will then have a built-in structure to charge for the work necessary to intelligently challenge weak evidence.
Some cases are rather obviously solid. Say, when a Drunk Driver crashes into another car, and the cops arrive at the scene to find one of the drivers behind the wheel and obviously under the influence, it is highly unlikely that any judge will be tossing that case out. You can spend any amount and subpoena everything right down to the arresting officer's kindergarten school records, but such effort is not likely to result in the case being dismissed.
Other cases almost scream: FIGHT! Say, when a driver is pulled over for suspicion of DWI, and no breath or blood test is given, there is no actual evidence of intoxication. Taking a plea in such a case is simply selling out the client.
---
As a former prosecutor, if I sense that your case seems to have the hallmarks of being sound enough to not get tossed out, which really accounts for most cases, I'll begin the preparation process at our first meeting. I'll introduce you to the alcohol assessment process, and we'll get our first crack at learning how to perform as well as possible on it. Ideally, we'll make you a very appealing candidate for leniency - to earn you the best possible outcome for your case.
---
Hiring a lawyer means paying a lawyer. Pay too little, and you'll get too little. Pay too much, and you've just wasted your hard earned money. A good lawyer, or even a bargain lawyer, will cost more than a new refrigerator or TV set. Most people will spend some time and research such a purchase before handing over their money. It only makes sense to put in at least as much effort in finding the right lawyer to handle your case as it does in buying a new appliance.
In the end, about the best advice a person can follow in this situation is to "spend wisely." Who can argue with that?
Wednesday, December 21, 2011
How to Find a Minnesota Criminal Defense Attorney
There are many different ways that you can go about finding an experienced Minnesota Criminal Defense Attorney. Obviously, I'd be honored to speak to you about your case but the purpose of this article is designed to give you some insight into the places you might want to look for help.
The Internet is a Huge Resource
It is very hard to hide anything about a professional, such as a lawyer, in the internet these days. If someone has done poor work there is probably an article, comment, or negative review out there that you can read in making your decision to hire a specific person. Note, many times competitors will post fake comments in order to try to hurt their competition – use your common sense and judgment and do your research.
There are many sites out there that attempt to objectively rank lawyers against one another. Sites such as www.avvo.com, www.lawyerratingz.com, are two examples that you might want to look at to get a better picture of your attorney. It is important to know that on some of these sites lawyers can purchase their position on search results – so again, do your homework on the attorney you are considering hiring.
Ask the Criminal Attorney about His Experience
Experience is a completely subjective matter. There are attorneys that have practiced law for twenty years, but never had a jury trial. There are others that have practiced for three years and had over a hundred. There are attorneys that focus specifically in one area of law, where others are more general. Each has its advantages – a specialist, or an attorney that devotes their practice to a specific area might be better suited for complex litigation but a more general criminal defense attorney may have the flexibility necessary to completely handle your case.
When talking to the attorney ask them about the other attorneys you’ve spoken to. An attorney that is confident in their own abilities will probably not speak poorly of another attorney – I know I never would. As a practical matter I always recommend that my potential clients speak to as many attorneys as possible, because it is important to select a lawyer that you feel comfortable with – it is your life, freedom, and reputation on the line in criminal cases.
How to Get a Hold of Me
I would be honored if you spoke to me about becoming your Criminal Defense Attorney, give me a call at (612) 234-1165 and we can discuss your case today - for free.
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