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Robert Frank Schnatmeier Jr.
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Robert Schnatmeier’s Answers

11 total


  • Did not complete a pre trial drug evaluation test.

    I got put on a pre trial diversion program for possesion of marijuana under an ounce i passed my first drug screening but did not complete the drug evaluation test within two weeks. Iwas called for a court date. What will most likely happen? Will ...

    Robert’s Answer

    The decision as to weather to give someone "first offender" or "conditional discharge" status is entirely up to the judge. The judge can decide to agree with the prosecutor and not allow it but the court can overrule the prosecutor.

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  • Can i plea nolo to misdamena mariquanna charge

    was stopped for frame around tag been on veh 7yrs could see all details of tag i wasnt driving had ins and the driver passed breath test my grandaughter was with us age 17 they asked her to get out and gave her breath test and searched her she pa...

    Robert’s Answer

    You can plead NOLO under certain circumstances. You should talk to a lawyer first because you may be able to get the charges dismissed by entering a diversion program.

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  • I am a 1L at Mercer Law School. I got a DUI on the last day of classes. This is my first offense.

    How will this affect my chances of getting admitted to the bar? I already applied for the Florida character and fitness portion. I haven't been approved yet. I know I need to file an amendment to my application, but what should I expect? Will I be...

    Robert’s Answer

    I don't think it will end up being a huge deal since it is a first time offense. I know many attorneys and even a few judges who have received DUIs. The bigger issue is what you do to make sure it doesn't happen again. I would get an alcohol and drug evaluation right away (you will probably need this for the DUI case any way) and closely follow any recommended treatment plan. As long as you show that you are taking it seriously, you won't have a problem. Good luck.

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  • I have a first offense dui. I cant afford to pay my fines. Will i have to do any jail time

    I lost my unemployment and cant afford to pay my probation. I've done all the other requirements of the court. I would like to know if i will receive any jail time if so how much

    Robert’s Answer

    In addition to the good advice in the other answers posted here, you may request that you be allowed to do additional community service in lieu of paying the fines. I have seen many judges convert fines to community service. I the mean time, try to make some sort of payment, even if it is just a nominal amount. The court will appreciate that you are making a effort.

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  • 4TH dui

    I recieved my 4th DUI 13 years AFTER I recieved my 3rd DUI in GA. What am I looking to recieve in court? Will I recieve jail time & how much? It took place in Clayton county. What will happen to me in court? Will it be considered my 1st as far as ...

    Robert’s Answer

    It will be treated like a first DUI as far as statutory minimum mandatory sentencing goes. You will, however, be looking at more than the legal minimums since you have so many prior offenses. I would expect the State will be asking for jail time so hire an attorney. He/she can help negotiate the case and/or look for possible defenses. Good luck.

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  • I had a dui in GA 30 years ago, would it still be on file with the state or federal goverment.

    I had a dui in Atlanta GA 30 years ago, would it still be on file with the state or federal goverment.

    Robert’s Answer

    Maybe, maybe not. The best thing to do is request a copy of your driving history from the Georgia Dept. of Driver's Services AND a copy of your criminal history from your local law enforcement office. This will tell you what shows up. Note that you should get both a driving history AND a criminal history report on yourself. I have seen DUI arrests show up on one but hot the other.

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  • Can I get an early termination of my probation?

    I was sentenced to an 8 do 1 back in 2007. I served 5 months in county and the remainder on supervised felony probation. I have been transferred to NC where I currently live and work. I have passed every drug test, committed no crimes, not even a ...

    Robert’s Answer

    You can ask the Judge to terminate your probation early at any time while your probation is pending. Most Judges, however, will want you to have served a significant amount of time on probation before they will consider terminating it...they want you to show them you can stay out of trouble. I typically recommend to my clients that they serve at least half of the probation period before asking to have the balance terminated but there are no hard and fast rules on this...it's really up to the Judge. Your chances will be better if you hire a lawyer who knows the tendencies of your particular judge.

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  • I received a Speeding ticket for going 95 in a 55. The ticket doesn't have a method used to track my speed, will it be dismissed

    i was 18 at the time when i got the ticket, back in nov, the court date was suppose to be Feb, but was pushed to March something. i pleaded not guilty and i have a new court date, which is somewhere near june. on the ticket Vascar, Laser, Or Radar...

    Robert’s Answer

    I think it is higly unlikely to get your ticket dismissed merely because the officer failed to check a box on the citaiton. If there was a serial number with a calibration check written on the citation, the officer probably used radar to clock you. He is allowed to come into court and testify that he used radar and reference the serial number on the radar unit he used. Keep in mind that in Georgia, an officer can testify about a "visual estimation of speed" if he is properly trained in speed detection. Courts have held that this "visual estimation of speed" by the officer is enough to support a conviction. Also note that the prosecutor can amend the accusation (or in this case, the citation) and make any corrections prior to trial.

    Be careful because at this speed (95/55), you are looking at a huge fine and a license suspension (because you are under the age of 21) and possibly other punishment. I would recommend that you hire a local lawyer who regularly practices before your particular judge. You need someone that knows the lay of the land.

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  • I plead guilty to attempted assault, criminal tresspassing and resisting arrest. Do I have to say I was convicted on job apps?

    I was at a concert, became intoxicated, and beligerent. I was asked to leave, refused. Police came to escort me from property, I attempted to assault officer and refused arrest

    Robert’s Answer

    I practice in Georgia but I would say the answer is "yes". In GA and in most states, pleading guilty to criminal "attempt" to commit a crime results in a criminal conviction. Many times, an "attempt" to commit a crime carries a lesser punishment but typically is still considered a "conviction". Check to see if you pled under a "first offender" type of statute in your state. In Georgia, if you pled under "first offender" and successfully completed the sentence, you can honestly say you have not been "convicted" of the offense. Check with the lawyer that helped you with your case.

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  • 2nd DUI consequences

    I am being charged with a DUI for the second time this year. What are my likely consequences?

    Robert’s Answer

    In Georgia you would be looking at a minimum of 72 hours in jail followed by a period of probation. While on probation, you would be required to complete 240 hours of community service, attend DUI School (Level II), get an alcohol evaluation and follow any suggested treatment program, surrender your license plate and surrender your license. This would be a "hard" license suspension for 12 months followed by 6 months with a limited permit with an ignition interlock device installed on your car.

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