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)

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