How to beat a MN Drug Charge (Explained)

As a Minnesota Criminal Defense Attorney, I get a lot of questions about what to do if one is charged with Drug Charges.  First and foremost, remember this: Just because you've been cited does not mean you will be found (or have to plead) guilty!  Here are somethings that can (and should) be challenged.  

1. Bad Warrant

If the officers have a warrant signed by a judge to search your car, home or person, that does not mean that they did not violate the constitution and your rights. In order to get a warrant, an officer needs to make a sworn affidavit to a judge and ask him to find that they have probable cause to search a particular location for particular evidence. These affidavits regularly have incorrect information or information from unknown individual or informants. The warrant may also be challenged if it is faulty based upon lacking of nexus to what to be search, description of where to searched, and the items to be searched for.


2. Bad Search

The 4th amendment protects individuals and grants them the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Unless an officer has a legal reason to make contact or expand the scope of the encounter, the search may be illegal. In order to discourage the police from engaging in illegal searches, courts have ruled that evidence obtained through an illegal search or seizure is subject to suppression.

3. Bad Lab Tests

Just because something looks like marijuana or another drug, the court will not take the prosecutor or officers at their word. Everyone that touched, processed, or tested the evidence will have to appear in court and testify. If one link in the “chain of custody” is missing the evidence cannot be admitted at trial. Even if something has tested positive, that does not mean the lab is credible. Recently, the St. Paul Crime Lab has come under heat for their poor practices. Because of this cases have been dismissed.

4. Bad Police Work

Entrapment takes place when a government agent, typically a police officer, uses threats, harassment, fraud, or even flattery to induce defendants to commit crimes. This can be a great defense if you are charged with sale to an undercover officer in a school or park zone.

5. Bad Charge

This is the ultimate defense. Innocent people are charged with crimes. This tends to happen more commonly in drug cases. For example, John Doe is driving his friend’s car. His friend forgot his prescription medicine in the glove box. If Mr. Doe is stopped and searched, charges could be filed.

The Rolloff Law Office practices criminal defense throughout Minnesota and has for almost 10 years.  I handled cases from minor consumption and DWI charges all the way to 1st degree murder.  For a FREE CONSULTATION call: (612) 234-1165.

Not Read You Rights? (Explained)

Did Cops Fail to Read You Your Rights?

Many people in the State of Minnesota believe that if a police officer does not read you your rights, your case will get dismissed. Unfortunately for people charged with a crime, this is not true. 

“Your Rights”, also known as the Miranda Rights, only apply if the officer asks you questions while you are in custody. This is often referred to as custodial interrogation. This means if you are in the officer’s or the police department’s custody, and not free to leave, and an officer asks you questions without first reading you your Miranda Rights, your statements cannot be used against you at trial. 

However, if you are: (a) not in custody, or (b) you are arrested and you are not read your Miranda Rights, that does not mean the charges against you will be dismissed, it only applies to your statements being admissible at trial --- those things that you tell a law enforcement officer that is against your interest. 

Of course this isn't the only time your eights might be tread upon, that's why you should contact a Minnesota Criminal Defense Attorney.  

If they are not read to you, it does not mean your case is dismissed, however, it could mean that your statements cannot be used against you at your trial ... and that might lead to a verdict in your favor.

If you want to know more, call the Rolloff Law Office: (612) 234-1165

Theft & Shoplifting - Bloomington (Explained)

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

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

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

Should I Hire a Minnesota Defense Attorney?

It can be hard to decide whether to hire an attorney for your case. Here are a few of the benefits of hiring an experienced Minnesota Criminal Defense Attorney, in the event you are facing criminal charges.

• Pleading Guilty Without an Attorney Is Often More Costly

There are many long term and short term consequences to pleading guilty to any crime in Minnesota. As a former prosecutor, I can inform you of all the consequences and costs that may result from the criminal charges you are facing and assist you with making an informed decision about your case. Factoring in all the consequences and penalties you are facing from the criminal charges, the expense of hiring one of our attorneys is often less expensive than pleading guilty guilty without a fight. 

• Time is Important, Delaying Can Hurt Your Case

Preparing an aggressive and successful defense for any criminal case requires a time commitment from your attorney. The earlier in the process you retain a lawyer, the quicker he can begin to request discovery from the prosecutor, investigate and gather facts, and prepare an aggressive defense for your case. 

• Going Through The Process Alone Is Hard

When you are charged with a crime, you are alone. Law enforcement officers, prosecutors, and judges are not there to help you or your case. Your lawyer is the only person with any influence in the courtroom that is on your side, throughout the whole process. A strong and powerful relationship between you and your attorney is built on communication and trust. You will need to trust your lawyer with important information and facts relating to your case, and also be able to rely on the advice given to you by your attorney.

If you have questions - call the Rolloff Law Office today.  All consultations are FREE: (612) 234-1165

Minnesota DWI - Costs (Explained)

Which is more expensive: a cab ride from your favorite watering hole to your home -or- a DWI arrest?

Although it might not be so clear to someone one - after they've been out with friends enjoying a couple of cocktails - the answer almost always is the DWI arrest. Well, that is unless your favorite bar is in someplace like Chicago and you live in Minneapolis; but, in nearly every other case - allowing a cab driver to to chauffeur you home is going to be cheaper than paying to clean up the financial mess that a DWI will inevitably create.

How messy could it get? 

1. Fines & Court Costs - Depending on the level of offense, you can expect to pay a $3,000 fine, nearly $700 to get your driver's license back. Also, if your sentenced to time in jail - there's a cost there too.

2. Alcohol/Drug Evaluation & Treatment Program - If you are sentenced to serve time in custody, you may be able bargain to do so in your home; however, that could cost you because often alcohol-monitoring is part of the equasion. A Plus, unless you have decent health insurance, expect to pay for your own treatment - if it's ordered.

3. Ignition Interlock Device - An additional device might be necessary to get back on the road ASAP.  Guess what --- it is expensive.  Including, not only, an installation fee --- but there's also a weekly cost.

5. Alcohol Monitoring System - The court may order you to wear a SCRAM alcohol monitoring device if they feel you have a serious drinking problem and are likely to be a repeat DUI offender. This can also add significantly to your DUI costs.

5. Bail - This can range from $0 to $12,000 depending on whether there was an accident/injury, what your BAC level was at the time of arrest, and whether or not you use a bond service.

6. Towing - Some cities realize that towing expenses for those arrested for DUIs are a real money spinner, and have raised fees to extortionate levels. In some cities you can expect to pay a lot to get your car back and money everyday they hold your vehicle.

7. Insurance -  Perhaps the most serious financial consequence of a DUI/DWI conviction is the affect on a driver’s car insurance premiums. Some insurance companies will drop you altogether simply for being arrested for DUI. Others will refer you to their “high-risk” insurance department after you have been convicted where you will need to take out what is known as SR-22 insurance. Typically SR-22 insurance will run you 40-100% more per month than standard insurance. Factor in that you will need to pay the inflated premiums until you get you good-standing back with the DMV (normally 3-7 years), and you are looking at a huge added out-of-pocket expense as a result of a DUI conviction.

8. License Reinstatement Fees -  In Minnesota, the cost to get your license reinstated after it has been revoked is almost $700.

9. Other Fees You May Encounter - Here are just a few of the miscellaneous fees you may come across depending on the jurisdiction in which you were charged:

• Jail Fee
• Victim Assistance Fund payment.
• Chemical Dependency Evaluation
• Probation Fee
• Victim Impact Panel assessment

10. Unexpected Costs -  Other indirect costs that can have a serious effect on your wallet include:

• Increased life insurance premiums
• Time off work
• Loss of job/inability to advance in career due to background check/lack of security clearance
• Loss of professional license, for example, if you are a doctor, pilot, stockbroker, or military personnel
• Depression/anxiety/lack of motivation

and...

11. Legal Fees -  Although hiring an experienced Minnesota Criminal Defense Attorney is entirely up to you, it is advisable to meet with someone to discuss your case, especially as many offer a free initial consultation. After you have met with a few different lawyers, you may decide that your case is strong enough to fight and that the best course of action is to retain an experienced attorney.

If you are someone with a significant amount to lose from a conviction, say if your professional status is at stake, it may well be worth your time and effort to talk to the Rolloff Law Office.  Call today to set up a FREE CONSULTATION: (612) 234-1165.

Ramsey County & St. Paul Prostitution Arrests (Explained)

Prostitution arrests are one things ... earning a conviction is something entirely different.  Believe it or not - an experienced Minnesota Criminal Defense Attorney can help you defend yourself yourself against such an allegation.   

Prostitution Arrest Defenses 

These are the number one options for defending a Prostitution charge in the State of Minnesota:

1. Entrapment

This defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is somewhat easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.

2. Due Process 

This defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. As an example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.

3. Lack of Probable Cause 

This defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for ANY offense   This means: there mus be an explicit offer to engage in sexual contact for hire must be reached and documented. If the government cannot prove that such an agreement occurred, the accused can use this defense. It will be left up to a judge to determine whether theprosecution has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

Prostitution is an all too often  embarrassing charge that most offenders wish to keep under wraps. The government knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have an experienced Minnesota Criminal Defense Lawyer to help you through the complex legal proceedings.

The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is needs legal help - call the Rolloff Law Office to set up a free consultation: (612) 234-1165.  

Minnesota Criminal Defense Attorney (How To)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney.  

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn't want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case.  

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.