Skip to main content
Jill Christine Schaefer

Jill Schaefer’s Answers

129 total


  • What is the best course of action?

    I received an sis with two years probation, community service and the mandatory. vip and satop classes following a refuse to blow and dwi charge. When I signed the deal it listed 40 hours for the refusal and for the dwi. My lawyer insisted repeate...

    Jill’s Answer

    Your problem is not uncommon. Of course consulting an experienced criminal defense attorney is always a good idea. Let's be honest, it's the answer to about 75% of the questions posted here. More specifically though...your DWI was/is a 'municipal" charge, not a "state" charge because your probation case is in municipal court--South Division to be exact. You may want to try to locate your original plea and sentencing paperwork. what does it say about community service? This is something your original lawyer would have and he's obligated to give you (even if he is getting out of private practice). If there is ambiguity on your written paperwork as to how many hours of community service was expected of you--you have a good argument that 40 hours total was the original deal. At a minimum, the judge should give you additional time to complete your community service if this issue isn't clearly laid out.

    See question 
  • Is it possible they have evidence?

    my employer is accusing me of stealing, I don't know what. the next day an investigator calls and say there is a wanted out for me. what should I do if I don't have the funds for a lawyer right now?

    Jill’s Answer

    I agree with the previously posted answers and I would add one piece of advice. Even if you can't afford an attorney presently, you may need one in the very near future. I would look for a local criminal defense attorney who offers free consultations. Take advantage of this and you could receive more detailed confidential guidance on what to do next.

    See question 
  • What can happen if information on a arrest report is proven incorrect on a case against me?

    An officer pulled me over for speeding and said that I was doing 91 in a 60. I didn't think I was going that fast, but I was in a rental car at the time. had no reason to believe the officer would be lying to me. When I saw the video of me being ...

    Jill’s Answer

    I'm going to assume you were charged with a DWI which is the real problem here, not so much the speeding. Your question concerns two issues really--1) Did the officer have legal authority to curb you in the first place if he was mistaken or lying about the speeding? and 2) If it is obvious (from viewing the video of the arrest) that the officer is lying or at least exaggerating your speed---would this fact be helpful to your defense? The quick and dirty answers are maybe and probably. The longer answers would require a thorough scrutiny of the office's report. Nevertheless, the best part of your case is the arrest video itself. You have one! It may be shocking to know that in many cases, the defense doesn't have this valuable piece of evidence. In most squad cars, the officer has to turn the in-car camera on for it to work. I would meet with a criminal defense attorney who offices in the area where you were pulled over as soon as possible so you can plan your defense. Often times, cases like yours come down to an officer's credibility vs. yours. You need someone in your corner who can even out these odds a little bit.

    See question 
  • Do I need legal representation?

    I was arrested for a warrant due to an unpaid speeding ticket. When arrested, I was in possession of less than 0.25 grams of cocaine, less than 1 gram of marijuana, and 4 oxycodone pills. My main concern is that I cant afford to do any actual jail...

    Jill’s Answer

    Yes. 100% yes! In this situation, you were likely released PAW by the police that stopped you for speeding. PAW stands for "Pending Application of Warrants". The small amount of drugs that were found off you will be tested at a Crime Lab to ensure that they are what we think they are. Charges will then be issued by the state prosecutor. This process may take 1 day (often times if you were arrested in the City) or possibly even 6 to 12 months (if you were arrested in St. Louis County, Jefferson County or St. Charles County). At that rate, you may have forgotten about this incident altogether. After the drugs test positive for illegal substances, a warrant will issue for your arrest. In St. Louis County, the state prosecutor will let you know this in the form of a postcard in the mail. ANY amount of cocaine and ANY amount of pills (possessed without a valid script) are considered felony weight in the state of Missouri. I have represented an untold number of people who were arrested for 1 oxycodone pill or 0.25 grams of cocaine. For someone who has never dealt with the criminal justice system, this all sounds crazy. And it kind of is! So contact a criminal defense attorney in the area where you were arrested immediately. You want to get ahead of any felony warrants so you can avoid a long jail sentence.

    See question 
  • Stealing $1000 from target

    I am 18 and was caught stealing $1000 worth of items from target. It was a stupid mistake and I never get in trouble. I am emancipated and was kicked out at 16/17 and got accepted into a lot of colleges and chose west minsters in August. I have no...

    Jill’s Answer

    Surprisingly the justice system does allow for people making mistakes. Maybe because we are all human and well, humans make mistakes. If this was your first time getting yourself into trouble, you have a number of options. Of course you don't want to leave a permanent mark on your record and you don't want to jeopardize any financial aid. Talk to a lawyer right away. When choosing a lawyer, look for someone who specializes in criminal law and someone who practices in the jurisdiction in which you were charged. Good luck!

    See question 
  • Can a probation officer keep my girlfriend from seeing me, if there is no court order an I am not a felon?

    My girlfriend is on probation for drugs, during time we have dated, we have broke up couple times, with her telling her po, last time he told her not to see me no more, an we have worked our problems out, but he still says no an threaten her with ...

    Jill’s Answer

    Take a look at your girlfriend's sentencing paperwork. A person placed on probation may be legally bound to stay away from certain people. One way the courts do it is by making it a "special condition of probation" to have no contact with a particular person. "Special conditions of probation" are almost always outlined on a probationer's Sentence & Judgment form. The other way courts may prohibit contact is through enforcing a "standard condition of probation". A universal standard condition of probation is that a probationer must not associate with known felons or other people on active probation or parole. This condition is usually not written down expressly on a probationer's S&J form but it will be outlined on a conditions and terms sheet that is given to all probationers in Missouri.
    If neither one of these applies to your immediate situation with your girlfriend, your girlfriend's PO has questionable authority to prohibit her from seeing you. I would reach out to a criminal defense attorney in your area for assistance.

    See question 
  • “How long does it take for a PO to come see a federal parolee if he/she has violated they're parole with a new charge”

    My friend was paroled in 11/2011, this last year I notice that he was giving up because of not having a job, about to lose his home, etc, I believe he started using drugs, bad choice. He recently was charged with possession, he posted a bond, but...

    Jill’s Answer

    I would agree with Daniel's answer. I would just remind you not to forget about the new state charge that is pending (the possession charge), your friend will certainly want to retain a lawyer to handle this case. It won't go away on its own even if your friend gets a 12 month setback from the feds.

    See question 
  • If someone in MO was on probation for a unlawful use of a weapon for 3 years, how long of the probation would they have

    They plead guilty to a D felony with an SIS and was sentenced to 3 years probation. The plea took place in June 2013. When should they expect to get off probation

    Jill’s Answer

    Your friend's probation will start on the day that he was sentenced to probation and will naturally terminate exactly 3 years from that date. However, a couple of years ago Missouri State Probation & Parole instituted the Earned Compliance Credit program (ECC) to cut down on the number of folks on active supervision. ECC is a merit-based program which allows people on probation to cut their probation time in half, for every 30 days a probationer does a good job on probation, P&P will award the probationer an additional 30 days credit. This program has been nicknamed the 30-30 rule. Nevertheless, not all underlying offenses qualify for this program. Your friend will want to check with his Probation Officer to see if he can take advantage of this program. Good luck!

    See question 
  • Is it a good idea to write to a judge on behalf of a loved one to try to keep them from going to prison?

    My husband has a probation violation hearing before a judge on Friday and he is unable to afford representation. He has violated his probation due to being unable to pay fines that he has owed. Because of his record, it has been next to impossible...

    Jill’s Answer

    • Selected as best answer

    "Should I write a letter to the judge?" is honestly one of the most commonly asked questions I get from friends and family members of clients. My answer is always "No", but here's why...A judge by definition is required to be fair and impartial--meaning he or she is not supposed to appear to favor one side or the other. When a judge receives a letter like this (and believe me, it happens all of the time), the letter is stuck into a court file and generally never looked at again.
    It's obvious that you love your husband and you don't want bad things to happen to him--so what I would do is reach out to the Public Defender. Your husband has an absolute right to an attorney who will represent his rights during a probation revocation hearing. Public Defenders are attorneys who are appointed by the court when you are unable to hire private counsel. Public Defenders are experts in the practice of criminal defense because that's all they do. If you haven't had a chance to talk to them, make sure your husband asks to apply for one before his hearing. The main office # for the PD in the City is 314-340-7625. The main # for the PD in the County is 314-615-4778. An aggressive attorney in your husband's corner is worth a thousand letters to the judge, believe me. Good luck!

    See question 
  • How long does it take to clear a warrant that was issued and served out of the system?

    My husband was arrested at his probation officer's office for violating the terms of his probation ( not paying fines ). He was sent to the city jail, his bond was paid by a bail bondsman but they are refusing to release him due to the original wa...

    Jill’s Answer

    Call a criminal defense attorney in your area immediately. This kind of thing happens too often, especially in the City. You may ask the lawyer to run your husband's name for any and all municipal warrants too while you are at it. Sometimes a warrant issued on a forgotten traffic violation will rear its ugly head and delay someone's release.

    See question