A lot of people that I have worked with - as an experienced Minnesota DWI Attorney - have said: "I will never drink and drive, again." And then ... "Again" happens. The State of Minnesota's Drunk Driving laws makes it clear that repeat drunk driving offenders will encounter harsh penalties.
Criminal Penalties
If you hated your first trip to court for a DWI ... you're really going to his like Round 2. According to the Minnesota Department of Public Safety, law enforcement arrest in upwards of 30,000 people every year for driving while intoxicated. Upon conviction, these people face both criminal and civil/administrative offenses. The public saftey department asserts that people with multiple DWI offenses, over a 10-year period, could encounter the following consequences from a criminal perspective:
For a second offense in which the person’s blood alcohol concentration was under 0.16, the defendant could face a fine of up to $3,000 and up to serving one-year in jail.
For a second offense in which the blood alcohol concentration was at or above 0.016, or for any third offense, the defendant could receive a gross misdemeanor charge that carries with it up to a year in prison and up to $3,000 in fines.
For any fourth offense, a defendant will be charged with a felony and face up to seven years in prison and up to a $14,000 fine.Criminal DWI convictions will remain a part of people’s records for the rest of their lives.
This can have a serious effect on finding employment and suitable housing, especially when the charge is a felony. Convicted felons also lose some of their constitutional rights, such as owning firearms.
Aggravating factors
The
above-listed penalties give judges some leeway when handing down a sentence.
When there are aggravating factors present, an offender could face the
mandatory minimum penalties available under the law. For example, a second DWI
offense alone may be classified as a 3rd Degree Gross Misdemeanor. However, if a child was in the vehicle, the crime, while still categorized as a gross misdemeanor, could lead to a second degree DWI charge and cost you your vehicle. Additionally, if the defendant caused an accident that led to
property damage or the serious injury or death of another person,
prosecutors could bring more severe charges.
Test refusal
Minnesota’s
implied consent law dictates that anyone who is arrested on suspicion of
drunk driving must submit to a chemical test of either the blood,
breath or urine. The test will be administered within two hours of the
time someone was last driving. Refusing to take the test will have
consequences, including automatic revocation of the driver’s
license.Just like the above penalties, the repercussions of refusing a
test grow more serious with multiple offenses. Someone with no prior
convictions faces a one-year's long license revocation.
However, anyone with prior convictions will have to add that one-year
time-frame to any current license restrictions.
Administrative Penalties
As anyone who has been through a DWI knows ... the consquences do not end in the courtroom with criminal sanctions. In fact, for some people, the civil/administrative penalties for DWI can be far more inconvenient. According to the DPS, anyone convicted of multiple DWI charges will have to forfeit their motor vehicle and their license plates will be impounded.The administrative penalties for people with two drunk driving offenses are based on their blood alcohol concentration. For those with a BAC of less than 0.16, they may choose between an ignition interlock device installed on their vehicles and a restricted license for one year, or a total loss of driving privileges for that timeframe. A BAC of 0.16 or over merits the same choices but extends the timeframe to two years.
As an experienced MN DWI Lawyer, I have observed individuals who have three DWI convictions have their driver's licenses cancelled because they have been deemed “inimical to public safety.” To get back to driving, these people often have to enroll in a treatment facility. And ... they will have one year of a limited license with the use of an ignition interlock. After treatment completion, they will have two years of an ignition interlock with a restricted license.
If you or someone you love needs help with another DWI charge, please call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165
Minnesota's DWI Laws are some of the toughest in the nation. And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.
BTW, this dog was NOT arrested for a DWI. But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.
Mandatory MN DWI Sentences
If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.
One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail. It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM).
Here are the "mandatory" sentences the courts are require to impose for repeat offenders:
Second Offense In a Ten Year Period: A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.
Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.
Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions. Call today to set up your fee consultation: (612) 234-1165
A domestic assault charge is very serious because of the consequences - in court and out --- before court and after -
that can occur.
If you or someone you love has been charged with domestic violence, the possible consequences
can include jail time, fines, anger management, probation, and an
order for protection --- that prevents contact with the
victim and any minor children.
What Should You Do?
First, it can't hurt to talk to a qualified and aggressive Minneapolis Criminal Defense Attorney to get answers about how to secure a good result in the case.
All too often, domestic
violence claims are the result of a divorce, retaliation, custody
battles, and other personal matters. While law enforcement in Minnesota
aggressively pursues domestic violence claims --- my experience (both as a prosecutor and a defense lawyer) has shown me that these are tough cases to prove and that sometimes allegations are false. Shoot, even when a claim has merit, that does not mean that someone will be convicted. There may be facts in each case that do
not warrant the huge penalties and/or for a parent to be separated from
family by way of an order for protection.
Fighting Domestic Violence Claims
Domestic violence penalties in the State of Minnesota are serious.
In addition to fine, jail, and probation ... a person’s right to own or purchase firearms can be effected as well.
In addition to
the domestic violence accusation itself --- which could lead to criminal charges --- there is also the chance someone can use that situation to gain an order for
protection. The complaining witness can acquire this order just with her/his
claim.
Don't Screw Around
The
moment the charges are filed, it is very important to call an experienced Twin Cities Criminal Defense Attorney. For, as I have told 1000s of clients, just because there is
an accusation doesn’t mean that conviction will follow. And, just because the case may seem confusing and difficult
doesn’t mean that there is no hope for a more an acceptable outcome. With
the right attorney --- you can get the right advice,
guidance, and support ... so that you can keep this situation from getting any more complicated.
Domestic
Assault is a serious accusation. If you are facing such a charge, it is important to seek representation that you can count on. To learn more about your rights and
options, call The Rolloff Law Office at (612) 234-1165 to schedule
a free consultation.
When a someone has been convicted of a criminal offense attempts to put their past behind him/her ... to move
forward with their life ... often they are reminded of their poor decisions because of a criminal record.
A past conviction could have the effect of harming one;s ability to secure employment or pursue educational opportunities. Some
states, including Minnesota, allow some offenders to have their records
expunged. Do you want to put your past --- in the past --- then contact an experienced Minnesota Criminal Defense Attorney and see if you qualify for an expungement.
What's an Expungement?
Expungement is the
process of going to court to ask a judge to seal a court record. When a
record it sealed ... it cannot be made known to the public and it generally stays off of any background checks.
What Kinds of Cases Can Be Expunged?
What Types of Cases that Could Be Expunged?
The
laws in Minnesota changed at the beginning of
2015, allowing a judge to seal more criminal records and convictions.
This law also allows the court to order other governmental agencies to seal their records. However, not all cases can be expunged.
According to Minnesota Statute 609A.02, a person
could seek record expungement if:
- All pending actions or proceedings were resolved in favor of the petitioner;
- The
petitioner has successfully completed the terms of a diversion program
and has not been charged with a new crime for at least one year since
completion of the diversion program;
- The petitioner was convicted of
or received a stayed sentence for a petty misdemeanor or misdemeanor and
has not been convicted of a new crime for at least two years;
- The
petitioner was convicted of or received a stayed sentence for a gross
misdemeanor and has not been convicted of a new crime for at least four
years; and/or
- The petitioner was convicted of or received a stayed sentence
for a certain felony violation and has not been convicted of a new crime
for at least five years
According to the new law, some of the
felony violations could include a controlled substance in the fifth
degree, sale of a simulated controlled substance, unlawful acts
involving liquor, contempt, failure to appear in court and receiving
stolen goods.
If a person has been charged with a certain
controlled substance offense and the proceedings have been dismissed, he
or she could petition to have all records relating to the arrest,
indictment, trial and dismissal sealed.
Juvenile Records?
If a juvenile has been
prosecuted as an adult in Minnesota, he or she could petition to have
the criminal record sealed if he or she is finally discharged by the
commissioner of corrections or if he or she has been placed on probation
by the court and discharged from probation after completed the
requirements.
Domestic Assault?
Under state law, a person charged with a domestic
violence offense, such as felony assault by strangulation, would not be
allowed to have the record sealed. Additionally, crimes that require
registration also would not be able to be expunged. This includes
murder, kidnapping and criminal sexual conduct, according to Minnesota
Statute 243.166.
J.M. Rolloff is a skilled Hennepin County Expungement Attorney who can help you
determine if your criminal record is eligible to be sealed. The process
of sealing a criminal record can be complex and often quite lengthy.
Having a former prosecutor who is experienced on both sides of the law
can be beneficial to your expungement. Call The Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165
Unlike a trip to your favorite restaurant, you are unlikely to find - when visiting an attorney - a flat rate for his services based just on the alleged crime committed. Instead, as an experienced Apple Valley Criminal Defense Attorney, when I determine a total cost I lok at a number of factors.
Why Do You Charge What You Charge?
Some common considerations --- that go into determining how much money you can expect to spend on your legal services include:
1. Your Case (Type/Level of Offense)
The largest factor in determining the cost of my services depends on exactly what you’re asking me to do. For example, hiring an attorney to get you out of an assault charge is going to cost more than paying him to get you out of a traffic ticket. Another big factor is how much time I/we will need to spend reviewing, preparing and fighting your case. Again ... I'm not going to need a whole lot of time getting up to speed on a Driving After Revocation ticket; however, something like a DWI or a felony controlled substance crime charge --- that will often involve a lot more work.
When we meet --- and I know what you want/need me to do --- and what I can do --- I should be able to give you an idea of how much time I'll need to get you that result at the initial, free consultation.
2. Experience
Often ... the more experienced an attorney is, the more money he is apt to charge you. (And, going to an inexperienced may save you money at the outset, but if they can’t secure an outcome - that considers not only the short term consequences ... but, also looks at where you might be five-years down the road - you might end up paying more or getting a worse sentence in the end.
As a former prosecutor, I saw many people overcharged and under-served. I try to be fair ... because I know that not everyone has a ton of money to thrown at situations like this.
In the final analysis ... money (although an important consideration,) should not be the only metric you use to gauge who might be the right lawyer for you. Call or set up a FREE CONSULTATION with the Rolloff Law Office today. I'll explain what I can do, and how affordable it can be. Call: (612) 234-1165.
The Rolloff Law Office is a different kind of defense firm.
We get big city results with small town customer service. We know our clients by name, not by file number. As a Minneapolis-based criminal defense law firm, our primary goal is exceptionally serving the client at an affordable cost. Our representation ranges from crisis management, situation damage control, criminal pre-charge representation during investigatory phases, and defense representation of criminal charges in state and federal courts. Minneapolis criminal defense lawyer Christopher Keyser was named a Super Lawyer Rising Star, a Top 100 Trial Lawyer, and has a Superb rating on Avvo.com. We provide representation for every type of Minnesota criminal matter including:ArsonAssault and BatteryResidential BurglaryCriminal Sexual Conduct / Sex CrimesCriminal Vehicular OperationCriminal Vehicular HomicideDisorderly ConductDomestic AssaultDrug CrimesDWI / DUI DefenseFourth Degree DWIThird Degree DWISecond Degree DWIFelony First Degree DWICareless DrivingDWI Test RefusalExpungementFederal CrimesFeloniesFraudJail and Detox ReleaseJuvenile CrimesKidnappingMilitary DefenseMurder and HomicideProbation ViolationsShoplifting / Retail TheftSimple RobberyAggravated RobberyProstitutionSolitcitationTheftWeapons CrimesWhite Collar CrimesCriminal Defense StrategiesOur approach to fighting Minnesota criminal charges is simple but effective. We don’t bring gimmicks or tricks to court – only hard work, persistence, and aggressive advocacy. In every criminal defense case, we follow the same rules and principles:Client Consultation. We want to meet you and hear how we can help. Every criminal defense case is important, whether a misdemeanor or serious felony. We listen to your story and then educate you on both the good and bad aspects of your case under Minnesota law. We’re up front and tell it to you straight.Review the Evidence. Before any decisions can be made in your case, you need to see the evidence against you – and so do we. Any evidence we obtain from the prosecution is given to you, and any defense motions or letters drafted in your case are copied to you. We provide full transparency so you are fully informed every step of the way.Create a Criminal Defense Strategy. Should you negotiate a plea deal or go to trial? Jury trial or bench trial? This depends on the evidence against you, any criminal history you may have, and the specific facts of the case. The best defense plan may include using private investigators, obtaining expert witnesses, or consulting with other professionals to make the best decisions. Either way, we’ll explore all options.Execute the Criminal Defense Strategy. We work with our clients as a team. Together we will decide the best direction for your case and work to achieve the goals we create. If the evidence against you is strong, working with the prosecutor to obtain a reduced charge, avoid jail or prison, and minimize probation conditions may be the best plan. If the evidence against you is weak, aggressively pushing the case to trial may be the best option. Either way we have the respected relationships with prosecutors, the experience, and the reputation to win.Choosing the Right Criminal Defense AttorneyOur goal is to obtain the best possible outcome for your case, whether that means avoiding jail or prison, getting a reduced sentence, or avoiding a criminal conviction on your record. Like most law firms, we like to win and we win a lot. Every person is entitled to the best representation. We offer competitive rates and reduced fees for military veterans and servicemembers. Our criminal defense cases are handled on a flat fee basis, meaning we do not bill hourly for our services. To learn more about how we can help, call our offfice at (612) 338-5007 for a free case evaluation.
Since Minnesota's Expungement law was changed - effective January 1, 2015, I have answered a lot of questions. Here is one of the most common:
Do I Qualify for an Expungement (under the new law?)
Whether you qualify
depends on your particular case. As such, you should speak to an experienced Minnesota Criminal Defense Attorney.
As you may be aware, the new law will allow you to seek expungement of both judicial branch and executive branch records --- in the following case types:
Misdemeanors:
A
conviction or stayed sentence for a petty misdemeanor or misdemeanor so
long as you have not been convicted of a new crime for at least two
years since discharge of the sentence for the crime.
Gross Misdemeanors
A
conviction or stayed sentence for a gross misdemeanor --- so long as you
have not been convicted of a new crime for at least four years since
discharge of the sentence.
Felony
A
conviction or stayed sentence for a felony listed in the new law, so
long as you have not been convicted of a new crime for at least five
years since discharge of the sentence for the crime. Some of the
felonies listed as eligible for expungement under the new law are:
- Certain felony theft offenses;
- Receiving stolen goods;
- Dishonored check over $500;
- Criminal damage to property;
- Financial transaction card fraud;
- Computer theft; and
- Certain forgery offenses.
Alas, under only certain of circumstances will the following offenses be allowed to be expunged within the above-described time limits:
- Domestic abuse or sexual assault;
- Violation of an order for protection;
- Violation of a harassment restraining order;
- Stalking; or
- Violation of a domestic abuse no contact order (“DANCO”)
This is due in large part to the fact that prior convictrions can be used against you to enhance/increase future penalties --- would that you were to face similar charges in the future. The same can be said for Driving Under the Influence offenses.
Questons about an Expungement, please fee free to contact the Rolloff Law Office (612) 234-1165 to discuss petitioning the court to seal your records.
