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John Schleiffarth
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John Schleiffarth’s Answers

236 total


  • Is a third DWI always a felony?

    I just received my third DWI and just wanted to prepare myself for the outcome I also have a child that I have partial custody of and was wondering if his father could get full custody if I were to go to prison.

    John’s Answer

    If you fight your case you may not do any prison or jail time. You should meet with a qualified attorney today to determine the past path forward. I also agree with Mr. Fry's answer. You have both criminal and family law concerns.

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  • What is the punishment for 2 misdemeanors class A for spanking a child -Dom Assult in the 3rd degree endangering welfare child

    if found guilty in court.

    John’s Answer

    Each class A Misdemeanor can carry up to one year in jail and/or a $1,000.00 fine. A domestic assault charge may also prevent you from owning firearms in the future. You need to speak with an experienced criminal defense attorney right away.

    -John Schleiffarth
    John C. Schleiffarth, P.C.
    75 W. Lockwood Ave, Ste 222
    St. Louis, MO 63119
    Ph: (314) 561-9690
    Fax: (314) 961-502
    Email: john@jcsattorney.com

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  • I'm being charged with a 1st degree tampering class c felony. I have no criminal history. Do you think I will see jail time?

    I did around $1500 of damage. I am in my upper 30's with no criminal background. I have been on home detention in lieu of posting my bond. Will the court make an example out of me or do you think I will be able to pay for the damage and get probat...

    John’s Answer

    Generally speaking, a first time felony charge can be negotiated to avoid a conviction and jail time with a good attorney. I suggest you consult with a private attorney right away.

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  • What's the fine for speeding 27 mph over in Caldwell Co, Missouri? Is hiring attorney a better option? Any chances of Jail time?

    I was pulled over for speeding on US 36 (I-72) just close to Hamilton and called to appear in court in Caldwell County next month. Is there any chance that I will have to go to Jail in Caldwell County? The Sheriff said I passed him at 19 mph over ...

    John’s Answer

    Generally speaking, if you receive a ticket for more than 23 mph over the speed limit there is a chance you could have to do jail time. I strongly recommend meeting with a local attorney experienced in traffic matters. I also recommend not picking the cheapest lawyer. You need someone to work some magic for you. I have had clients in similar situations avoid jail. You will want a lawyer familiar with your local courts on this one.

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  • Can I fight a driving with a suspended license if I didn't know it was suspended.

    was pulled over for a taillight out and when they ran my licence I was arrested for driving with a suspended licence. I did some digging and found it was suspended for points from tickets (that were paid in full on time) that spanned 2 years. It w...

    John’s Answer

    You should certainly hire a lawyer to fight your Driving While Suspended Charge. Your lawyer can likely get the charge amended to a lesser offense. Not knowing is not a good legal defense, but your lawyer can work with the prosecutor to seek a reduced charge and keep the DWS off your record.

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  • What is the punishment for a 16 year old touching a 17 year old girls leg in science class?

    This girl has targeted boys in the first two weeks of school,y son was the second one to go through this. He was suspended and has to appear in juvenile court even though her witnesses and the teacher has said that they did not see my son do anyth...

    John’s Answer

    The girl could be claiming a number of things from assault to sexual misconduct. Your son needs an attorney who has experience handling juvenile criminal defense. Call an attorney ASAP! A good attorney will weigh the evidence, investigate the case and properly advise you and your son.

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  • My husband is on unsupervisied probation for assult charge it a misdeminer but he got charged with anther crime is in jail

    he in jail right now for current charges but not convicted could he be revoked even though im paying on his fines? also should i pay off the court costs from the assult charge? it suspended right now but im tring do what i can to help him

    John’s Answer

    He needs an attorney right away. Call a local criminal defense lawyer to discuss the specifics. Don't pay anything until you have spoken with an attorney directly regarding the case. He could be revoked for a number of violations. Good luck!

    John Schleiffarth
    JCS Law
    314-561-9690
    www.jcsattorney.com

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  • Will Petty Theft Charges affect my OPT/OPT Extension?

    I have charged petty theft (Civil Ordinance) and given 3 months of supervision in state of Illinois. I have not been arrested, they haven't took my fingerprints and I don't have any criminal records before and after this incident.This incident has...

    John’s Answer

    You need to contact a local immigration attorney ASAP. Criminal charges of any kind could adversely affect your status in any number of immigration programs. As far as the petty theft charges you received in Illinois, you should speak with an attorney that practices in Illinois, not Missouri. In the future it would be smarter to retain an attorney before you plea on any type of charge, even if it is just municipal. Good luck!

    John Schleiffarth
    JCS Law
    314-561-9690
    www.jcsattorney.com

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  • Petty Theft at Walmart over 4,000 first time offender age 20?

    I'm still shock at the fact my Son age 20 did this, but him and a young lady stole money from the cash register totaling 4,00.00, she approached him, but both plead guilty and were arrested 09/20/2014, The released them both without setting a bond...

    John’s Answer

    If it was only $400.00 it could be a misdemeanor, but $4,000.00 would be a felony. Depending on how exactly the theft occurred, there could be additional charges (Robbery, Property Damage, etc.). Your son was most likely released pending charges.

    The police will forward the case to the prosecuting attorney's office to review for charges. He will either be immediately charged or a grand jury will convene for a possible indictment. Your son needs an experienced criminal defense attorney.

    Additionally Wal-Mart can come after him for restitution in civil court or by a collection agency and they usually do.

    John Schleiffarth
    JCS Law
    314-561-9690
    www.jcsattorney.com

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  • If someone gets 120 day shock treatment, when does that time actually start? Does it start on the day of sentencing? Or no?

    My daughter has been incarcerated since Aug. 8th, 2014, and her sentencing date was Sept. 16th. Did her 120 shock treatment start THAT day?

    John’s Answer

    Generally speaking unless otherwise negotiated with the prosecuting attorney and court, her time will start on the day she enters the Department of Corrections. Below I have included some additional info about how 120 shock probation works.

    Special procedures under Section 559.115.3, RSMo (2006). Special procedures apply where the court recommends placement in a particular DOC 120-day program, e.g. drug treatment programs or 120-day shock incarceration. The procedures are as follows:


    ◾Offenders may be committed to a DOC 120-day program only upon a determination by DOC that the offender is eligible for the program and space is available; Section 559.115.3, RSMo (2006).
    ◾The Board of Probation and Parole must notify the court 30 days prior to the defendant’s anticipated release date regarding the defendant’s participation in the program. Id.
    ◾If the court does not respond to the board’s 30-day notice, the defendant shall be released on probation. Id.
    ◾Offenders who successfully complete the program must be released on probation, unless the sentencing court holds a hearing within 90 to 120 days after sentencing and finds that release would be ”an abuse of discretion.” Id.
    ◾Upon finding an abuse of discretion, the court may order execution of the offender’s sentence. Id.
    ◾Offenders who successfully complete DOCs 120-day program of shock incarceration must be released on probation, unless the court holds a hearing within 90 to 120 days and finds that release would not be ”appropriate.” Id.
    ◾Upon finding that release is ”not appropriate,” the court may order execution of the offender’s sentence. Id.
    ◾After serving 120 days, if the offender is determined by DOC to be unsuccessful in completing the program, the department is required to provide the court with a report regarding the offender’s participation in the program. Id.
    ◾Offenders determined to be unsuccessful in the program shall be either released on probation or ordered to remain in the custody of DOC to serve their sentence. Id.

    You should contact her lawyer to get more specific information regarding her case and sentencing.

    John Schleiffarth
    JCS Law
    314-561-9690
    www.jcsattorney.com

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