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Scott Patrick Semrau
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Scott Semrau’s Answers

32 total

  • Can criminal charge be brought up on my husband who threatened me with a gun at TPO hearing?

    I recently filed TPO against my husband who threatened to kill me with a gun. On petition, I also described his past violences on me. I've never called 911. All the incidents were happened when he was under influence of alcohol. Due to the serious...

    Scott’s Answer

    ok, so i think you want a Restraining Order, but you don't want him to get arrested. That makes perfect sense. Just focus on getting him served. You could always hire a process server and get him served at work. That would only cost $90.00 and that is money well spent!. Call us at the Office to get a referral for Keith Pucket. He's reliable and inexpensive. Otherwise, keep contacting the sheriff. Good Luck! Scott.

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  • Ignition Interlock permit in Georgia?

    I've heard that the law has changed yet again and that now a person no longer has to have permission from the court in order to get the interlock permit. Is this true?

    Scott’s Answer

    To clarify Zack's answer, before Jan 1, 2013, following a 1 year hard suspension, a driver convicted of a second DUI in a 5 year period was required to install an ignition interlock device. Now, after just four months, a driver may obtain a permit if they are actively enrolled in a DUI court our a comparable alternative, such as a ASAM level 1 substance abuse course. You will still need to install an ignition interlock device, but now you can drive after just four months.

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  • How long can an inmate stay in Cobb County Ga jail without being convicted?

    Inmate been in since May 2012 with nothing but calendar calls.

    Scott’s Answer

    We need more information. Technically, an inmate could be held for years pending trial, but that rarely happens. So, what are the charges, does he have a bond, is he on probation for another charge?

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  • What are the penalties for first offense misdomeanor domestic assault and misdomeanor cruelty to children in the third degree?

    Boyfriend and 3 month pregnant girlfriend living in same residence for 4 months involved in a domestic dispute with 2 year old child present. Arguing on 2nd floor of the home while child is downstairs alone. Boyfriend approached girlfriend and pu...

    Scott’s Answer

    Typical sentence is probation and fine. Because he has prior arrest, he will not qualify a dismissal through a Pre-trial Diversion program. I don't understand why he is still in jail?? Bond him out. Pleading guilty is a bad idea because conviction will ban him from firearm possession and make it hard to get jobs. A lawyer can probably get the case dismissed. Good luck.

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  • Can a traffic citation case be dismissed prior to trial by the Solicitor in GA??

    Can one negotiate a speeding ticket with solicitors office prior to court date for a final disposition of a case without going to trial ?? Does every traffic case settlement require judges approval??

    Scott’s Answer

    Yes, for sure. Your first court date is your arraignment. The cop will not even be there. So, go to court on the first date, and make your case for a reduction to the prosecutor. As a general rule the judge will accept anything the prosecutor negotiates with you, so don't worry about the judge. I can't exactly tell from your question what exactly you're trying to do, but most courts will let you come to court a few days or more before your court date. What you can't do, is pick up the phone and call the prosecutor. If you're trying to get a reduction AND avoid going to court, then you'll need to hire a lawyer. I posted an article on my blog called DIY Traffic Court. You can go to my web site blog and get it or just google my name and "Do It Yourself Traffic Court". Hope that helps--good luck!! Semraulawfirm.com

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  • Sex Offender probation violation?

    A member of my family has just registered as a sex offender. His landlord was informed and he has been told to leave. Cobb County Sheriff's office have given him 72 hours to find another address. If he doesn't find somewhere by then, they say he w...

    Scott’s Answer

    Homeless is fine as long as you are not homeless within an area considered off limits for sex offenders. Homeless is a really short term fix because the sentencing judge will revoke probation for being homeless.

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  • No license, no insurance, no registration got citations for all 3. how do I get through this without losing my license for 60day

    I Went to FTA court and they rescheduled the court date since I was not notified properly. I not don't know what to do about these citations. I thought it would be easy but I see that I can lose my license for 60 days which would make me lose my j...

    Scott’s Answer

    1. Get a license, get insurance, and register the car. Then take proof of all three to court with you. A guilty plea to any of the three results in further suspension, so ask the prosecutor to dismiss two and plead Nolo to either no insurance or no license. 2. If that doesn't work or if you can't do all that before your court date, then i'm sorry but you will need to get a lawyer. You're problem is common, so hire anyone who works regularly in Atlanta Area Traffic Courts. Good Luck!

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  • How can I get three NON moving violation tickets dismissed?

    I was pulled over back in July for speeding (which I absolutely own up to). However, he also wrote me THREE non moving violation tickets which I do NOT agree with. 1. A tinted tag plate....for one, it's not tinted...it was dirty. I came home and...

    Scott’s Answer

    You need a rivet gun, not a lawyer. Walmart sells them for $20 bucks. Buy a rivet gun, and then rivet the bolts on your tag and nobody will steal it!! Take off the tag cover and put on your decal. Otherwise, You're just gonna keep getting tickets. Then go to court and show the prosecutor your rivet gun, he'll laugh so hard all your tickets will get dismissed! Good Luck!

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  • Criminal disclosure

    I am doing application for mba program. I finished first offender in Georgia.How do I answer these questions: Have you ever been adjudicated guilty or convicted of a misdemeanor, felony, or other crime? [Note that you are not required to answe...

    Scott’s Answer

    Answer "no". A first offender plea is not a conviction. Adjudication of guilt does not occur because your plea was not "accepted and entered into the court record" but rather adjudication was delayed to see whether you successfully completed your sentence. Upon completion of the sentence your guilty plea was dismissed. Neither is the charge pending because you completed the case and you did not plead Nolo. I suggest you should check with the clerk of court to make sure the First Offender Order of Discharge has been entered. If it has you record of arrest and disposition will be sealed by the GBI. As of July 1, 2013, There are new opportunities to more thoroughly seal your record. For instance, a lawyer may now file a request to have the clerk of court and sheriff seal your records from public disclosure. We are blogging extensively on this subject right now because the law is brand new! Check us out at semraulawfirm.com. Good Luck!

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  • If I confess to a crime but my rights were violated can that confession be used against me?

    When I was arrested, the officers came to my home and did not have an arrest warrant, they pulled me forcefully out of my house to arrest me, did not read me my rights and searched my house without a search warrant. When i was taking in to questio...

    Scott’s Answer

    Sounds like you already completed your case and now want to reverse the conviction. If that is the case you may still be able to file an appeal. The answer to your question is, no, without a Miranda Warning, your responses to police questioning while you were in in custody cannot be used against you. The police can legally come into your house to arrest you with only an arrest warrant--a search warrant is only necessary to search, which you said they did so the arrest was probably legal but the search was not. You've asked a pretty complicated question! Maybe try breaking it down into smaller questions. Good luck!!

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