Scott Patrick Semrau’s Answers

Yea, unless there is a defense, your bro is going to prison. Its really easy to revoke probation -- procedural defenses can't be asserted and Gwinnett County has struggled with gang activity, so the judges take that real seriously. Sorry. Hire the best lawyer you can -- try a local lawyer who is friends witht he judge-- that's your best bet here.

We do alot of traffic ticket defense and I would suggest that in this situation you should take those pictures to court and show them to the prosecutor (Fran Shoenthal). Ask her to reduce the ticket to a warning or at least reduce it to a "basic rules" violation. Neither of these will show up on your permanent record. Offer to pay the fine as long as they reduce it. If that doesn't work and your really want this dismissed, then call a lawyer (call us, we go to Alpharetta Mun. Ct. all the...

Expungement of a criminal record is very limited in Georgia. Generally, the charges must be disposed of without a conviction. If a cases is dismissed prior to formal charges being filed (accusation or indictment) then expungement is mandatory. After formal charges are filed the incident will be expunged only if the case is dismissed without an admission or finding of guilty and only with the permission of the State Prosecuting Attorney. If there is a conviction then expungement is not...

Your job is to stop your vehicle -- safely. There is a degree of latitude that allows subjective views of stopping safely. .3 miles seems to me like nothing. Make sure you hire a lawyer who has Federal Court experience.

I agree with my brother at law. This is serious. Why isn't he charged with Aggravated Assault? Get the best lawyer you can. This is a jail case-- for sure.

That is a 6 pt. ticket and especially in Marietta and Cobb County, Ga. the offense is treated very seriously-- a child was recently killed getting off her school bus. We Defend this charge regularly and the typical result is a reduction to basic rules violation. There are some requirements defining the lighting of a school bus that are rarely proved by the State, so one way or another they always seem to get reduced.

A prior DUI, if it is known to the State, will always affect your case. It would not affect your license suspension (because its more than 5 years old), but a prosecutor or judge will factor the prior conviction into their plea recommendations as well as their decision to reduce the DUI. A lawyer who knows about his clients prior record has a duty to reveal the information if he is asked about it directly and he cannot knowingly assist his client in misleading the court or an officer of the...

Yes, but the proceedure is more complex than simply serving a subpoena. Requests subject to confidentiality -- school, hospital and DFCS records, are made through a Superior Court Judge. First the lawyer files a Motion (a request) with the judge, then the Judge issues the Order to Produce and then the Judge reviews the records in private to see whether there is information helpful to the Defendant. If the Judge finds there is helpful information, then they give it to the lawyer for use at...

I wouldn't worry about it. Municipal violations are not criminal offenses. Pay the fine and move on.

Go to Court and request a reduction. Tell the prosecutor you thought the Cop was unprofessional. Give details. I would also simultaneously file a complaint with the police department. That complaint will go in the his permanent record. When the next person complains his supervisors will have a problem.