Thursday, January 4, 2018

Prosecutor Nicholas Jain, who is handling Carol's case, has a drunk-driving conviction in his background and was on probation when he entered Missouri law school


Nicholas Jain
(From linkedin.com)
The prosecuting attorney in my wife Carol's case in Greene County, Missouri, has a DUI in his background.

Nicholas Dave Jain was arrested for DUI-Alcohol on Jan. 27, 2011, in Boone County, MO, which is home to the University of Missouri Columbia. Jain pleaded guilty and was sentenced to 30 days in the Boone County Jail. He received a Suspended Execution of Sentence and was placed on two years of unsupervised probation.

Records at case.net (11BA-CR00648 - ST V NICHOLAS DAVE JAIN) show Jain's probation was completed on Aug. 22, 2013. Jain's LinkedIn page shows he was a student at the University of Missouri School of Law from 2012 to 2015. That means he was on probation when he was granted admittance to the law school.

The Mizzou law school was founded in 1872 and touts itself as a national leader in dispute resolution. We assume admittance to the MU law school is highly competitive, with many outstanding students -- who are not on probation for DUI -- receiving rejection notices each year. Is it normal for a premier Midwestern law school to admit a student who is on probation? Is having a criminal record considered a plus for those pursuing a career in the law? Is MU having such a hard time finding qualified law students that it has to admit a convicted drunk driver?

Those are just three of many questions we have about the Nicholas Jain case. We will address others in an upcoming post.

Meanwhile, here is a summary of Jain's sentencing hearing on Aug. 23, 2011. It is written in courthouse lingo, but we will do our best to translate for you:

STATE BY ROGERS, DEFT IN PERSON AND BY CSL ANTEL. STATE ENTERS NOLLE PROS TO CT II, CT II DISMISSED. DEFT W/DRAWS PNG AS TO CT I AND ENTERS GP. PUN FIXED AT 30 DAYS BCJ;SES DEFT PLACED ON 2 YEARS UNSUPERVISED PROBATION W/ CONDITIONS:COMPLETE RCR VICTIM PANEL AND FILE PROOF OF COMPLETION WITHIN 60 DAYS.RECEIVE A SUBSTANCE ABUSE ASSESSMENT BY A CERTIFIED SATOP AGENCY WITHIN 60 DAYS AND FOLLOW RECOMMENDATION.REPORT ANY ARRESTS (OR SUMMONS) WITHIN 48 HOURS.NOT OCCUPY A PRIVATE MOTOR VEHICLE AFTER CONSUMING INTOXICANTS.SUBMIT TO A CHEMICAL TEST AT REQUEST OF ANY LAW ENFORCEMENT OFFICER.PAY (REIMBURSEMENT OF LAW ENFORCEMENT AGENCY EXPENSES PURSUANT TO 488.5334 RSMo/LABORATORY CHARGES FOR DRUG TESTING PURSUANT TO 488.029 RSMo) WHICH SHALL BE INCLUDED IN THE TOTAL AMOUNT ASSESSED FOR COURT COSTS.COMPLETE 20 HOURS COMMUNITY SERVICE WORK WITHIN 60 DAYS. PAY COURT COSTS, FINES, AND CRIME VICTIM COMPENSATION FUND JUDGMENT AT TIME OF DISPOSITION. (CASH BOND TO BE APPLIED.)PAY A TIME PAYMENT FEE OF $25.00 IF ALL AMOUNTS DUE IN LINES 20-23 ARE NOT PAID IN FULL WITHIN 30 DAYS, AND THE TIME PAYMENT FEE SHALL BE INCLUDED IN THE TOTAL AMOUNT ASSESSED FOR COURT COSTS.DEFENDANT ORDERED TO PAY FORTHWITH. MB/DIX (MKL)

These appear to be the key points from Jain's sentencing:

(1) The state did not prosecute for a second count, which was dismissed. What was the second count? That's not clear from the public record;

(2) Jain originally entered a plea of not guilty, but changed the plea to guilty, with a suspended 30-day jail sentence and two years probation;

(3) Jain had to complete a "victim panel" and a substance abuse assessment. The "victim panel" suggests he caused harm or damages to someone while driving drunk;

(4) Jain was ordered not to enter a private motor vehicle after consuming intoxicants and to submit to a chemical test at the request of any law enforcement officer. Jain was to reimburse any law-enforcement agency for laboratory charges related to drug testing.

(5) Jain was ordered to complete 20 hours of community service and pay into the Crime Victim Compensation Fund. Again, this suggests someone was the victim of Jain's drunk driving.


(To be continued)

40 comments:

Anonymous said...

This guy is a drunk driver and goes on to be a prosecutor? Apparently, Mr. Jain has no shame.

Anonymous said...

So this is the guy who has been trying to put Carol in jail, even though the "victim" in her assault of an LEO case admits he caused physical contact by grabbing her? You're a class act, Mr. Jain. And you have no business being anywhere near a prosecutor's office.

Anonymous said...

Good reporting, LS. Prosecutors are ruthless about going after others, and many of them don't give a crap if innocent people are pressured into making guilty pleas. Many prosecutors pull that garbage every day just to get a "win," so it's nice to see Mr. Jain unmasked.

Jasper Jay said...

No one looks worse in this than the U of Missouri School of Law. My God, they have to sink to enrolling a drunk driver who is on probation. What's next, child molesters?

Anonymous said...

Hey, maybe this can be the new advertising campaign for Missouri Law School.

"Are you a drunk driver? Come to MU and turn that experience into an exciting new career as a lawyer, even a prosecutor!

"We are THE law school for drunk drivers. Come join the fun at the MU LSDD."

Anonymous said...

What an embarrassment for the U of Missouri and for the DA who hired this drunk.

Anonymous said...

I get a whiff of entitlement about Mr. Jain. Probably from the privileged class.

legalschnauzer said...

@10:25 --

I know that his daddy is a doctor in Kennett, Mo., which is in the SE corner of the state -- the Bootheel. Daddy is Dr. Dave Jain:


https://health.usnews.com/doctors/dave-jain-518212

Anonymous said...

It makes me proud to know MU holds its law students to such high standards.

Anonymous said...

So, Mr. Jain, you want to stick Mr. Schnauzer's wife with the stigma of a criminal record for an offense the "victim" admits she did not commit?

How is karma? I hear it's a bee-atch.

Anonymous said...

M-I-Z-Z-O-U

You're a drunk driver?

We'll take you, too!

Anonymous said...

Didn't your brother go to MU law school?

legalschnauzer said...

Yep. They turn out nothing but class acts there.

Anonymous said...

The Greene County prosecutor knowingly hired a drunk driver? What message does that send to the public?

Anonymous said...

This sounds like a case of "white boy" privilege. Jain and his family must have political connections.

Anonymous said...

Today's lesson: Don't f--k with the Schnauzer.

Anonymous said...

I'm sure Mr. Apologist will be writing in soon to stand up for Mr. Jain's honor.

legalschnauzer said...

@12:48 --

Oh, he's already written three comments. They go directly to spam, and they will not see the light of day here. He's a fraud, and I'm not interested in furthering the warped cause of a fraud.

Anonymous said...

I'm betting someone made a nice donation to the law school, and Mr. Jain's drunk driving/probationary status became not such a big issue.

Anonymous said...

The press has an interview with dean of Missouri Law School:

Reporter: Why did you admit Nicholas Jain, when he was on probation for drunk driving?

Dean: Well, we had concerns about Mr. Jain's fitness for a career in the law . . . but, then, the check cleared.

Anonymous said...

Maybe Mr. Jain skips over this information on job applications?

Anonymous said...

Didn't you say Jain is planning to run for DA somewhere in Missouri?

legalschnauzer said...

Yes, that's what I understand. I'm guessing he plans to run in Dunklin County, which is where he's from. This information certainly should be helpful to his political career.

Anonymous said...

Found on the internet- so this could be as bogus as a three dolla bill!

Possible second charge?

"Possible Criminal Or Traffic Records associated with the name Nicholas Jain"

https://www.instantcheckmate.com/people/nicholas-jain/

Anonymous said...

How does this SOB look defendants in the eye and try to get them to plead guilty -- probably to way less serious crimes than the one he has committed.

Anonymous said...

Dan Patterson, the Greene County PA, always is touting his "tough on crime" credentials at election time. But he knowingly hired a drunk driver as a prosecutor? What a phony.

Anonymous said...

https://www.google.com/search?q="nicholas+jain""columbia+tribune"

:-0

Anonymous said...

So, Mr. Apologist is making apologies for a drunk driver? Class act, that Mr. A -- almost as much as Nicholas Jain himself.

Anonymous said...

Dan Patterson, the Greene County PA, is Mr. Tough on Crime -- except when it involves his own staff.

Then, it's "a drunk driver? I gotta hire him."

Anonymous said...

Where was your outrage about all this the day after it happened? While your wife was in the hospital, didn't you spend the day at the park with the cat?

Anonymous said...

Mr. Apologist clearly has a horse to ride in Carol's case. He's a lawyer or a prosecutor who likely feels deeply threatened about his financial situation should Carol bring a civil case. That's why he can't reveal his name. That's why he's hoping for issue preclusion, even though it really isn't a factor, under the law, even if Carol is convicted on the "assault of an LEO" bullcrap.

legalschnauzer said...

@8:02 --

Are you talking about my outrage over Nicholas Jain being a drunk driver? I didn't find out about that until a month or so ago. By "the day after IT happened," I assume you are referring to our eviction? That happened in Sept. 2015. Quite a time gap from Sept. 2015 to late 2017.

You seem to be utterly clueless, on every front, so I will interject a few facts. The time I spent at the park with our cat was on the day of our eviction, after all our belongings had been either stolen or thrown on the street, and we were homeless. Meanwhile, Carol had been driven off in a patrol car, presumably to jail, but I went to a bail bonds place, and they had no word on where she was well into the evening.

I didn't learn until the next morning that Carol had a broken arm and was at the hospital, not the jail. Once I knew where she was, I went straight to the hospital -- found her with one arm (the broken one) in what looked like a temporary cast, while the other arm was deep purple from bruising, administered by cops.

As for our cat (Baxter) and the park, I went there while we were homeless after our eviction. It was a boiling hot day, and I was trying to find some shade trees, where I could hopefully keep him from having a heat stroke.

Is that OK with you, asshole? What a dip shit.

legalschnauzer said...

@8:46 --

Mr. A informed me today he is a "critic," not a "fraud." Criticism has no worth, unless the critic attaches his name to his statements. As you note, this guy doesn't because he's got a horse in the race. He's trying to create and protect his agenda, which means he's more of a "propagandist" than a "critic." And that means he is, in fact, a fraud.

Why should I (or anyone else) care about criticism from a propagandist who refuses to ID himself. I shouldn't, and I don't. I do take enjoyment from the fact Mr. A obviously has a tight sphincter over the danger Carol's case presents for his financial status -- and probably for the finances of several people he knows.

Anonymous said...

So you spent the day with the cat instead of trying to find your wife who's been wrestled to the ground and taken to jail? Those seem to be the facts you "interjected." (By the way, consult Strunk & White on your misuse of the word.) The context of it being a hot day doesn't lessen the weird feel of you spending the day at a park with the cat while your wife lay in some jail cell.

legalschnauzer said...

@10:28 --

Nice attempt to backtrack from your earlier stupid comment, but you're still stupid. I said I went to a bail bonds place in an effort to determine if Carol actually was in jail, and they had no info. Have you ever tried to get information at a jail itself? It's damned near impossible. Do you think I was supposed to break in and go raging down the hallways of a jail, looking for Carol? Are you really that stupid?

As for "the weird feel," you're the one with that problem -- and I can guarantee I'm not interested in those issues.

Anonymous said...

@10:28 --

You must be among the dimmest of bulbs. When someone is taken to jail, they go immediately to the booking area, where they generally are placed in a locked holding cell. The booking process can take 4-6 hours, and during that time, there is nothing a loved one can do to find them or help them. Having been at the Shelby County Sheraton, Mr. Shuler probably had a clue how these things work; that's why he went to a bail bonds place to get information -- you can't get anything out of a jail, generally.

Congrats to LS for having a clue. You, on the other hand, have no clue.

Anonymous said...

The RCR Victim Panel appears to be where convicted drunk drivers have to spend an evening listening to the relatives of people that were killed by drunk drivers.

https://www.springfieldmo.gov/2183/Impact-Panels---Probation

legalschnauzer said...

Memo to Dumb Ass (You know who you are):

You think cops are going to have an arrest report prepared within minutes after making an arrest? You truly are dumber than the proverbial post. Arrest reports can take hours, even days, to prepare -- especially in a case like this one, where cops were going to need probably several meetings to concoct an arrest report that provided cover for excessive force.

We've never seen an arrest report in Carol's case, among the little dab of discovery that has been produced in her criminal case. It figures that one wasn't prepared because she did nothing they could describe to justify an arrest. The whole arrest was created spur of the moment, by Sheriff Jim Arnott, and he probably figured it was beneath him to fill out an arrest report. Or maybe he just forgot about it when he learned his thugs had broken Carol's arm.

Bottom line: Your first submitted comment was ignorant, and your most recent one is ignorant, too. If you think you are conning somebody, you are pathetically mistaken.

Anonymous said...

Every criminal finding or plea of guilt requires payment into the crime victims compensation fund. It's state law. A victim impact panel is a standard condition of probation in dwi cases. If he had a victim, he'd be charged with felony. I am a criminal defense attorney who's had over a thousand clients in Missouri. FYI. Criminal records like misdemeanor dwi aren't supposed to hold people back from being successful in life. This whole blog is dumb as a box of rocks.

legalschnauzer said...

@6:13 --

If you are an attorney -- and I doubt that you are -- you must not be a very good one because your reading comprehension sucks. I never said a criminal record should keep Mr. Jain from being successful, but I (like most reasonable people, I suspect) question whether he should be a prosecutor who brings DUI charges against others. I also question how he was hired for several prominent positions, and earned a pilot's license, if he disclosed his criminal record.

On top of that, Jain has a history of bringing charges against individuals without probable cause, so he's bad at his job, and he's crooked.

I notice you can't point to a single item that is inaccurate in my reporting about Nicholas Jain.

Under Missouri law, the misdemeanor determination generally comes because Jain was a first-time DUI offender. It has little to do with the seriousness of his offense. And he has plenty of time to re-offend.

If you think DUI is a minor issue, perhaps you need to look into the mirror -- where you will see someone who really is dumb as a box of rocks.