Thursday, March 6, 2014
If you have been charged with DWI in Scott County, take sometime to look at the following information and do not hesitate to seek immediate assistance from an experienced Minnesota Criminal Defense Attorney.
How intoxicated does someone have to be before they can be convicted of driving under the influence?
In the State of Minnesota, any blood alcohol level ("BAC") of .08 or higher could subject you to conviction. However, your driving skills are affected from the first drink of alcohol 0 ie., "buzzed" driving. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.
How many drinks can I have before being over .08?
Honestly, it is not the number of drinks alone that determines how high your blood alcohol levels are. Rather ... it’s more important to focus on how much total alcohol you have consumed over a certain period of time.
Do I have to take a blood, breath, or urine test if asked to do so by the police?
The answer is almost always “yes” because refusing to do so could subject you to a more serious charge, that is easier to prove: Refusing to Test. If you don't agree to take the test when you are stopped, your license may be revoked for at least a year.
I tested under the legal limit and I’m still charged with DWI, is that allowed?
Sadly, the answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if their driving conduct establishes that the he is “under the influence” of alcohol.
Should I hire a Lawyer?
Believe it or not, this is the number one question I get. To it, I usually say: If you are convicted of Minnesota DWI you could face harsh fines, license revocation penalties, jail time, and more. Because of these consequences, you might be making a big mistake if you took your situation too lightly! Get FREE ANSWERS today from an experienced Minnesota DWI Lawyer (and former prosecutor) Call The Rolloff Law Office at (612) 234-1165.
Wednesday, March 5, 2014
One of the non-criminal consequences of a Minnesota DWI arrest is the loss of your driver's license. As an experienced Minnesota DWI Attorney, I got lots and lots of questions about this issue. Here are some of the most popular.
How long will I lose my driver’s License?
The length of the revocation or cancellation of your driver’s license depends on many factors including your blood alcohol concentration - at the time of your arrest, whether or not you took the test requested by law enforcement, the number of priors you have on your record and the length of time between those offenses and your age.
If it is your first offense and your blood alcohol concentration was under (.16) your license will be revoked for as few as 30 days.
When can I get a work permit/limited license?
Again, a your eligibility for this special license depends upon numerous factors including, your recorded blood alcohol concentration, the number of prior offenses you might have, and whether or not you took the test.
If it is your first offense and your blood alcohol concentration is under .16 then you can apply for a work permit 15 days after the expiration of your temporary license. You can also get back on the road ASAP with Ignition Interlock.
How do I get my license reinstated or get a work permit?
This is well-defined process ... you need to jump through these hoops set-forth by the Minnesota Department of Public Safety. If it is your first offense, you must: (1) pay the reinstatement fee, (2) make an application for a new license, and (3) take a written test on chapters 7 and 8 of the Minnesota Driver’s Manual.
There is a lot to this process that I can't include here. If you have additional questions, please feel free to contact the Rolloff Law Office at (612) 234-1165.
When you hire a Minnesota Criminal Defense Lawyer, you will be working with someone who is going to work with you to pursue your child's case throughout the legal process.
Juvenile courts in the State of Minnesota have a goal of making sure that offenders are rehabilitated and released back into the community so that their future's are not compromised; however, in some cases, courts may try to make an example out of a child and prosecute them at the adult level. An experienced juvenile attorney can aggressively defend your child's case and pursue the best possible resolution for his or her situation --- in all of these ares: identifying and addressing any collateral consequences, possible issues related to probation, delinquency rights ... and keeping these matters out of adult court.
Although this time in your child's life can be difficult, it is absolutely essential that you retain the representation of an experienced attorney to help you understand the juvenile justice process.
You do not have to face the Minnesota Juvenile courts alone, and when you work with the Rolloff Law Office. If your child has been arrested or summoned to appear in juvenile court, do not hesitate to contact us now to set up a FREE CONSULTATION. Working with a lawyer can help make all the difference in the outcome of your child's case and can help provide him/ her with a sound future. Call today: (612) 234-1165
Thursday, February 20, 2014
As a Minnesota Criminal Defense Attorney I get a lot of questions ... lots and lots of questions. Here are some answers to the most frequently asked about Drunk Driving arrests.
What is BAC?
Your BAC ... or blood alcohol content ... determines whether the government charges you with a DUI ... and at what level. In Minnesota, the BAC limit is (.08). If your BAC is (.08) or higher, police may arrest you for driving under the influence, or DUI. You may also lose your license.
What is an ignition interlock device?
Ignition interlock is a device is used to monitor the behaviors of convicted drunk drivers --- attached to your vehicle. It requires the driver to provide frequent breath samples in order for the engine to start --- and for the vehicle to continue to operate. According to state law, drivers whose licenses are canceled and whose privileges are denied as “inimical to public safety” are required to enroll in the Minnesota Ignition Interlock Device program in order to have their driving privileges reinstated. Having this device in your vehicle can also help you to get back on the road sooner ... not having to have to wait-out the license revocation period.
Will I go to jail for my first DWI?
Safe answer: It depends. However, based on the facts of your case, you can avoid that shame. A lawyer can help you, if the government is pressing for jail, help to negotiate an alternative too.
Do I really need a DWI defense lawyer?
No. However, it can't hurt to talk to one ... or even hire one so as to increase chances of having the charges against you reduced or possibly dropped.
Get answers to YOUR questions. Schedule a FREE CONSULTATION with the Rolloff Law Office. Call: (612) 234-1165
Wednesday, February 19, 2014
After a conviction ... even a charge, a criminal record can continue to follow you for long after the case is resolved --- even if the charges against you were ultimately dismissed. If your criminal or arrest record is holding you back, an experienced Minnesota Expungement Attorney may be able to help you put your past behind you. With an intimate understanding of the criminal process - earned by working as a prosecutor, the Rolloff Law Office has helped numerous clients clear their names through the expungement process. I can you evaluate your situation to see if can get your record sealed and I'll walk you through every step of the process.
When a Record May be Expunged
Expungement is not open to everyone --- as it is available in a limited number of circumstances. Records of arrest, indictment and trial for fourth- and fifth-degree controlled substance violations as well as other minor drug crimes may be expunged following a dismissal or discharge. A juvenile offender who was prosecuted as an adult may also petition for expungement following discharge and successful completion of probation. Lastly, records of arrest, indictment and trial may be expunged in any criminal case that resolved in favor of the defendant, including dismissals and acquittals.
How to Do This
If you want to expunge your criminal record, a Minneapolis Expungement Lawyer can help you file a properly formatted petition with the appropriate court. This petition must contain your identifying information, including all past addresses since the date of the alleged offense; the reason why you are seeking expungement; details regarding the offense or alleged offense you are seeking to have expunged; details of your current criminal history and a history of all prior expungement requests you have filed.
Expungement is not automatic and requires the petitioner to appear at a court hearing before a judge decides whether to grant the petition. Having an experienced expungement lawyer represent you can not only help ensure your petition is complete and accurate but can be especially helpful in effectively presenting your case to the judge at your expungement hearing.
The Rolloff Law Office helped clients across Minnesota erase blemishes from their recods --- such as theft, drug and assault offenses from their criminal records. Call today to set-up a FREE CONSULTATION --- (612) 234-1165.
Saturday, February 15, 2014
Dakota County DWI cases are serious matters and it is important to consider having a hard-hitting Minnesota Criminal Defense Attorney help you avoid a conviction and the harsh penalties that accompany it.
What You Should Know
There are two court proceedings that follow a Minnesota DWI arrest, one is the criminal proceeding that has to do with any jail time, fines and penalties for the conviction. The other is the civil proceeding, which is the process that determines whether or not you will suffer a loss of driving privileges, license plates and/or your vehicle. This generally occurs through an implied consent/forfeiture hearing in the State of Minnesota. At these proceedings, you need an experienced Minnesota DWI attorney to protect your rights and fight against the charges. There are several defenses that can be made on your behalf in a DWI case. One key method of defense is challenging evidence and procedures, questioning all of the following issues could lead to a dismissed case:
- Was there reasonable suspicion for the police to pull the driver over?
- Was the driver driving or operating a vehicle?
- Was there probable cause for an arrest?
- Did the officer explain the implied consent law and the potential consequences for test refusal?
- Did the accusedt actually refuse the test?
- Were all field sobriety and chemical tests administered properly?
- Were any of the driver's rights violated?
A skilled Dakota County DWI lawyer may be able to find the flaws in the case and challenge any evidence gathered against the defendant. This can help you in protecting your driver's license and also help with avoiding the serious penalties that follow a DWI conviction.
If you have been arrested for DWI in Dakota County, contact the Rolloff Law Office. I am a former prosecutor who has worked thousands of cases like this. Call (612) 234-1165 to set-up a free case evaluation.
Friday, February 14, 2014
Prostitution and solicitation charges vary in severity depending on your alleged level of involvement. This is why you should strongly consider talking your case over with an experienced Minnesota Criminal Defense Attorney.
Depending on your alleged involvement, you have the potential of being charged with anything from a misdemeanor up to a felony. In addition, if your alleged involvement happened in a school or park zone, the penalties are more severe than they would normally have been. Finally, prostitution and solicitation charges can have profound personal consequences on your life, regardless of the outcome of the criminal case.
If you or someone you love needs help with a criminal case, like prostitution and/or solicitation, call the Rolloff Law Office to set up a free consultation: (612) 234-1165