2 Missouri DWI Blog | St. Louis Criminal Defense Blog | St. Louis Criminal Defense Lawyer | Missouri Federal Criminal Defense Attorney - Part 2


Missouri Man Sentenced to 5 years for DWI Wreck


A St. Louis County man was sentenced to 5 years in prison for a fatal 2012 car accident that killed a South St. Louis County woman.

Police alleged that the man ran a red light and broadsided the other car killing the woman. He was arrested at the scene and later blood was drawn. He was found to have had a BAC of .12%.

In Missouri, the legal limit for blood alcohol is .08%. If you are charged with DWI as a part of an accident that kills another person, you may be charged with manslaughter, which is a felony.

DWI manslaughter charges are serious and require a serious defense. John Schleiffarth of JCS Law has experience in handling felony DWI cases. Call today for a free consultation on your case. 314-616-4879

Source: stltoday.com, “Bosnian Driver in Fatal St. Louis County DWI Wreck Gets Prison  Time, May be Deported,” June 20, 2014


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Understanding Vandalism Charges

If you or or a loved one is charged with vandalism in the St Louis area, whether it be tagging or graffiti or defacing property, the result can be serious charges and severe penalties. If damage resulting from the vandalism is bad enough, you can face steep fines, a criminal record, jail time and even time in state prison.

Many do not realize that parents of minors are financially responsible for the damage that their children cause.  Parents of minors charged with vandalism or tagging need to hire an experienced St Louis criminal defense lawyer to handle their case.

Types of Vandalism

  • Carving into a piece of glass or wood such as a table, chair, desk or bench with a knife or any other tool
  • Breaking windows or doors
  • Tagging with markers or paint
  • Damaging somebody else’s property including mailboxes, cars, plants, lawn or other personal property with intent

Difference Between Misdemeanor & Felony Vandalism

For a person to be found guilty of vandalism prosecutors must prove that they maliciously intended to damage or deface personal property of another person.

Charges of Misdemeanor or Felony depend of the severity of the damage caused. Typically damage under the amount of $750 is considered a misdemeanor while damage of $750 and over is considered a felony.

Acts of vandalism will automatically be felonies if they are proved to be “hate crimes.”

An experienced criminal defense attorney can help you understand your case as well as help you get the best possible result in court. In some cases, your case may even be dropped if there is not enough evidence.


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How high is too high?

St. Louis DWI Drugs Lawyer

Missouri Law

In Missouri, there is no separate DWI/DUI statute for drug impairment, and instead, driving under the influence of drugs is included in the DWI statute, §577.010.  Intoxication in Missouri is described as any intoxication that in any manner impairs the ability of a person to operate a motor vehicle is sufficient to sustain a conviction for DWI under §577.010

Intoxication by Marijuana

You can receive a DWI for driving under the influence of Marijuana in Missouri. In fact, there is no “legal limit” for drug consumption. This means law enforcement does not need to prove that you had any certain amount of drugs in your system to charge you with DWI Drugs. If you have drugs or paraphernalia in your car, you may also be charged with possession of a controlled substance.

Can Marijuana really impair my driving?

The cells that carry out brain functions are called neurons. The communication of these neurons is carried out on neurotransmitters, the path of communication. Neurons have receptors that are specific to neurotransmitters. When THC enters the brain, it can mimic or block neurotransmitters and effect normal functions of the brain. Studies have shown that THC found in Marijuana can alter the mind in the following ways:

  • Impairs short-term memory
  • Impairs attention, judgment, and other cognitive functions
  • Impairs coordination and balance
  • Increases heart rate
  • Psychotic episodes

Although evidence from marijuana use and intoxication is limited, right now it can be considered a mind altering drug and can warrant an arrest and charges for DWI Drugs.

So in conclusion, there is no definitive answer to the question, “How high is too high?” If a law enforcement officer believes you are “intoxicated” by marijuana, he can arrest you and charge you with DWI drugs in Missouri. If you have been charged with DWI Drugs in Missouri, call JCS Law today for a free consultation on your case. 314-561-9690


Sources: http://www.drugabuse.gov/, http://www.moga.mo.gov/


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DWI and Assault charges after causing car accident


Driving while intoxicated is a serious charge, but it becomes even more serious when it results in an accident. Recently a man allegedly hit a Missouri State Highway Patrolman’s car as he was getting out to perform a traffic stop. When the man’s car collided with the state patrolman’s vehicle, it pushed it into the patrolman allegedly causing moderate injuries. The man cooperated with the investigation and was later charged with two counts of second degree assault and driving while intoxicated.

If you cause an accident and are later charged with DWI, the penalties associated with your DWI may be greater and you may face felony DWI charges.

If you or a loved one is facing charges of DWI and assault, you need legal representation immediately. Choose an experienced DWI defense attorney like John C. Schleiffarth to represent you and defend your rights. You are innocent until proven guilty in court. Protect your rights today.

Source: ksdk.com, “Driver charged with DWI in crash that injured state trooper,” Allison Sylte, May 25, 2014

What you may not know about drug paraphernalia charges

What exactly is considered drug paraphernalia?

You may have heard the word paraphernalia before, or maybe even seen it written on a ticket of a loved one or friend. Maybe you have even found yourself on the other side of a drug paraphernalia charge. One thing is for sure, these charges are serious and can have stern consequences. Lets define what drug paraphernalia really is.

The law defines drug paraphernalia as;  “all equipment, products, substances and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of sections.” (RSMO 195.233)

As you can see, the law is encompassing on what it holds as “paraphernalia.” Police do not think twice about what may or may not be paraphernalia. If they suspect any type of drug activity, they will search for drugs and relative paraphernalia and charge you with whatever they can. Even if the drugs or paraphernalia aren’t yours, if they are in your car, you are likely to be charged.

What penalties are associated with drug paraphernalia charges?

Drug paraphernalia charges are either a class A misdemeanor or a class D felony depending on what substance they were/are being used for. It is considered a class A misdemeanor for all controlled substances except amphetamine and methamphetamine, in which case it is classified as a class D felony.

Class A misdemeanors carry a potential sentence of up to one year in prison while class D felonies carry a potential sentence of up to four years in prison. Not only that, but a misdemeanor or felony charge on your criminal record can haunt you for the rest of your life effecting your ability to get an education or find employment.

Get experienced representation today!

If you or a loved one are facing charges related to drug possession or paraphernalia charges, you need an experienced drug defense lawyer to represent you and your future in court. John Schleiffarth has experience in fighting possession and paraphernalia charges in the St. Louis area and all across Missouri.

Police officers are known to tell people during arrests that the charges are not a big deal, or even that its just a ticket. They are just making the situation easier for themselves by acting like they are doing you a favor and buttering you up. Do not be fooled, these charges are serious. Get representation today and protect your future.


The truth about marijuana possession in Missouri

What does the law say?

Lets get one thing straight, possession of marijuana is illegal in Missouri. Recently there has been talk in the news about the “Decriminalization” of marijuana in Missouri. This has some people confused and wondering what’s legal and what’s not. First we need to understand what the law states about the possession of marijuana, then we can look at what will change with SB 491.

Current law gives the following classifications about possession of marijuana:

  • Up to 35 grams. A violation is a misdemeanor, punishable with a fine of up to $1,000, up to one year in jail, or both.
  • More than 35 grams up to 30 kilograms. A violation is a felony, punishable with a fine of up to $5,000, up to seven years in prison, or both.
  • Trafficking between 30 and 100 kilograms. Someone who possesses, buys, or brings between 30 and 100 kilograms of marijuana into Missouri, is guilty of trafficking drugs in the second degree. A violation is a felony, punishable with a fine between $5,000 and $20,000, between five and 15 years in prison, or both.
  • Trafficking 100 or more kilograms. Someone who possesses, buys, or brings between 100 or more kilograms of marijuana (or more than 500 marijuana plants) into Missouri, is guilty of trafficking drugs in the second degree. A violation is a felony, punishable with a fine between $5,000 and $20,000, between ten years and life imprisonment, or both

What is SB 491 and what does it change?

SB 491 was a bill that was passed into law on May 13, 2014. The law however will not go into affect until January 1, 2017. Here is what the law states regarding possession of marijuana:

The offense of possession of more than ten grams but less than 36 grams of marijuana or any synthetic cannabinoid is a class A misdemeanor.

The offense of possession of not more than 10 grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense to the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor.

Currently, the law states that anyone found with up to 35 grams of marijuana may be charged with a class A misdemeanor. The new law states that if someone is found in possession of not more than 10 grams of marijuana they may be charged with a class D misdemeanor with no possibility of jail time. However, this only applies to those with no prior offenses related to controlled substances.

In the end, not much has changed in Missouri law regarding possession of marijuana. It is still a serious charge that can have serious effects on your future. If you have been charged with possession of marijuana, you need a experienced criminal defense attorney like John Schleiffarth to help you. Do not wait until it is too late, get representation from a St. Louis drug defense attorney today.

Source: moga.mo.gov


Robbery Charges in St. Louis County

In Missouri, Robbery is a felony and can be punishable by up to 30 years or life in prison. Prosecutors in St. Louis county actively pursue these cases and attempt to get convictions with serious penalties for citizens accused of robbery and other felony crimes.

Two teens were recently arrested in north St. Louis County for allegedly robbing a man at gunpoint and shooting him. Police say the two suspects fled and were later taken into custody by police.

Cases like this are serious and require a serious defense from a St. Louis Criminal Defense Attorney. Because of details of the allegations, prosecutors may charge someone in this situation with assault or other charges. A robbery defense lawyer in St. Louis County can look at the details of the case and protect you in court against whatever actions you are being accused of. A St. Louis attorney like John Schleiffarth of JCS Law with experience handling felony charges may be able to help you get charges reduced or in some cases dropped.

If you or someone you love has been charged with felony robbery, you should not waste any time in hiring an attorney to protect you and your rights.

Source: kmov.com, “2 teens arrested after man robbed, shot in St. Louis County,” May 13, 2014

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Man charged with robbing Missouri Bank

A Missouri man is being charged with 2 counts of First-degree Bank Robbery after allegedly robbing an Irondale, Missouri bank on two separate occasions. Police say that charges came after they compared surveillance video with photos of the man and his vehicles.

Robbery in the first-degree is a class A felony in Missouri. If you or a loved one has been arrested and charged with robbery in Missouri, if convicted, you could face up to 30 years in prison. These are very serious charges that require a bold and aggressive defense. A criminal defense like John C. Schleiffarth of JCS Law may be able to get your charges reduced.

Source:  dailyjournalonline.com, “Bond set for robbery suspect” March 27, 2014.

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Man Charged After Allegedly Transporting 300lbs of Marijuana

300 lbs seized marijuana missouri

300 lbs seized marijuana missouri

A Georgia man was pulled over for a routine traffic stop in Missouri. Police say after he consented to the search of his vehicle, they allegedly found 300lbs of marijuana hidden. The man was later charged with 1st Degree Drug Trafficking. If convicted, the man could face up to 30 years in prison.

Law enforcement agencies in Missouri have become aggressive in searching vehicles during traffic stops. Everyone who is asked to submit to a search of their vehicle has certain rights, and law enforcement must honor these rights and follow specific procedures in order to legally perform a search.  A St. Charles lawyer with experience in traffic stops leading to drug related charges will know exactly what to look for when studying a case like this. John Schleiffarth of JCS Law may be able to help you or someone you love fight Drug Trafficking charges in Missouri.

Source:  ksdk.com, “300 lbs. of hidden weed found during I-44 traffic stop” March 22, 2014.

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Rolla Woman Convicted of DWI; Persistent Offender

A Rolla, Missouri woman was recently found guilty of DWI Persistent Offender according to the Prosecuting Attorney for the case. In sentencing, the woman faces up to four years in prison and a fine of up to $5,000.

The woman was arrested in September after being stopped for a lane violation and being asked to perform sobriety tests. Reports by law enforcement say that she had the smell of alcohol on her breath, along with other indicators of intoxication.

According to Missouri Statute, a Persistent Offender is one of the following:

a)      A person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses;

b)      A person who has pleaded guilty to or has been found guilty of involuntary manslaughter pursuant to subdivision (2) or (3) of subsection 1 of section 565.024, assault in the second degree pursuant to subdivision (4) of subsection 1 of section 565.060, assault of a law enforcement officer in the second degree pursuant to subdivision (4) of subsection 1 of section 565.082

Missouri classifies DWI offenders based on the frequency and severity of their DWI offenses. If you or a loved one has been charged with one or more DWI’s, you need an aggressive St. Charles Defense Attorney to represent you. Convictions on these charges can carry prison sentences and hefty fines. An experienced DWI Lawyer like John Schleiffarth may be able to help you get your charges reduced and in some cases even dropped. Don’t waste time, you need representation.

Source:  therolladailynews.com, “Rolla woman convicted of DWI,” February 25, 2014.

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