Sunday, November 29, 2015

Sherburne County Juvenile Court (Explained)

If you are a parent of family member who has questions about a child that has been arrested --- you are most likely upset and confused. True --- you don’t want this young person's future to be compromised in any way. If there is any (early) good news it is that the courts in the State of Minnesota are actually set-up to focus on ensuring a better future for almost every juvenile offender by stressing on rehabilitation rather than punishment.  Bearing as much in mind, it is important to consult with an experienced Minnesota Criminal Defense Attorney --- to ensure that you can earn the best possible income for your loved one.  

What You Need to Know

The State of Minnesota has a specific set of laws on the books that apply to minors. These laws tell the courts to handle juvenile cases differently than adult cases.

At the Rolloff Law Office, you will work with an experienced juvenile defense attorney who explain to you your family's options with you --- telling you everything that you need to know so that you can make well-informed decisions.  You will know what to expect at every phase in the case.

The Minnesota Juvenile Court System

Depending on the severity of the charge, a decision will be made as to which court the case will be tried in. It is entirely possible for a juvenile to be tried as an adult --- if they commit an offense that is considered an adult crime, such as murder. Since the penalties and consequences handed down in adult court will be adult consequences, the juvenile could face the prospect of serving time in an adult prison. This is another reason why it is imperative to have a highly experienced attorney by your side.

Types Of Juvenile Crimes

handle all types of juvenile crimes. While a child can commit any crime than an adult can, there are some that are more common than others. Those common types are:

  • Assault
  • Burglary
  • Theft 
  • Terroristic threats
  • DWI
  • Drug crimes  

If you are the parent of a child who has been accused of a crime, one of the first things you need to do is call an experienced and affordable juvenile attorney. By giving your child the representation that he deserves, you are taking a step toward preservinghis future. To learn more about how the The Rolloff Law Office can help you --- Call (612) 234-1165 and set-up a Free Consultation.

Wednesday, November 25, 2015

MN Criminal Defense Lawyer (Explained)

Charged with a crime?  Your choice of an attorney is likely the most important decision you will make --- to earn the best result for your case.

What Do You Need to Know?

Likely by the time that you are charged, the reports will have been written ... statements from witnesses will have been recorded ... and examinations of the evidence - by investigators will have been completed.  The government's work is done.  Alas, yours is just beginning.  The next best decision - for you - would be to consult with an experienced Minnesota Criminal Defense Attorney to into the state's case and to work to seek the best possible outcome.  

What Can a Lawyer Do For You?

As a former prosecutor, my approach to criminal defense is a step by step process that has been demonstrated effective in achieving results such as though below.

First, we identify the inaccuracies and holes in the police reports.  This is essential for simply a basic understanding of conflicting facts, and where we have to go to demonstrate your version of events.

Second, we identify where the reports themselves fall short in describing the precise crime charged, and how evidence and statements were obtained.  This analysis forms the basis of motions to dismiss the case.  A case may be dismissed if the police reports themselves, even if believed, simply don’t add up to the crime charged.  In other cases, statements and evidence may be suppressed, meaning it can’t be used at trial, because it was unlawfully obtained or because it is not sufficiently reliable or consistent with other evidence.

Third, we conduct our own investigation if necessary to generate evidence which supports your story, what you know actually happened. One of the greatest powers a lawyer has is he ability to compel the appearance of witnesses at trial, or have them arrested if they do not show.

Fourth, we consult with the top experts in many fields of forensic study with whom Mr. Rolloff has cultivated close professional relationships.

Finally, we prepare for trial throughout the process.  Not every case goes to trial, but every case must be prepared for trial, or plea negotiations and motions have no teeth whatsoever.  Trial is the leverage which results in good resolution that keeps you free, keeps your record clean, or which results in dismissal altogether. 

Preparing a matter for trial involves more than just challenging the evidence in front of a jury.  The jury ultimately wants to hear a story, not a series of statutes and procedures.   

The Rolloff Law Office prepares your story in a compelling and believable manner, backed by all the force of law and evidence. This approach has been demonstrated advantageous for clients like those below.

If you want to learn more --- set-up a FREE CONSULTATION, call the Rolloff Law Office - today: (612) 234-1165

Thursday, November 5, 2015

Minnesota 2nd Degree DWI (Explained)

If you have spent a single second looking up Minnesota Second Degree DWI on the internet ... you are already aware that it is a very serious offense --- and that you will almost certainly face jail time if convicted of that crime.  

Criminal Consequences

If you are convicted of a Minnesota Second Degree DWI you could facing a lengthy jail consequence.  This sentence is usually split up between actual jail time and electronic home monitoring with alcohol supervision.  If you have one prior DWI conviction with a current 2nd Degree DWI charge, you will most likely be sentenced to serve 30 days in jail of which you must serve 48 hours in custody and the balance can then usually be served on electronic home monitoring.  There is no mandatory minimum jail time if you are convicted of a 2nd Degree DWI charge but do not have any prior DWI convictions.  However, because there are aggravating factors involved that led to the 2nd Degree DWI charge, you will still most likely face a request for a jail sentence from the prosecutor if convicted of that offense.  

Civil Consequences

If you're facing a 2nd Degree DWI charge ... you could also be subject to increased driver’s license revocation periods, license plate impoundment, and the potential loss of your vehicle.  This is why you should talk to an experienced Minnesota Drunk Driving Attorney

A Second Degree Minnesota DWI charge almost automatically triggers the seizure of your vehicle.  The arresting law enforcement agency will take your vehicle and give you notice that it intends to permanently take your vehicle from you.  If this happens, it is important to contact an experienced MN DWI Lawyer immediately.  Paperwork needs to be filed with the court in a timely manner in order to preserve your ability to challenge your vehicle forfeiture.

Still have questions, contact The Rolloff Law Office to thoroughly review your case and do everything possible to get your driver’s license back and help you avoid a conviction.  Call today: (612) 234-1165

Sunday, October 18, 2015

Your Second MN DWI Offense

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

Wednesday, October 14, 2015

MN Mandatory DWI Sentences (Explained)

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

Thursday, October 8, 2015

Isanti County Criminal Defense Attorney - Domestic Assault

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.

Wednesday, September 30, 2015

Hennepin County Expungement Attorney

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