Scott Patrick Semrau’s Answers

Scott Patrick Semrau

Marietta Speeding / Traffic Ticket Lawyer.

Contributor Level 7
  1. If I confess to a crime but my rights were violated can that confession be used against me?

    Answered about 1 year ago.

    1. Scott Patrick Semrau
    2. John Arnold Steakley
    3. Noah Howard Pines
    4. Joshua Sachs
    4 lawyer answers

    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...

    6 lawyers agreed with this answer

  2. What can I do to contest a failure to maintain lane ticket in state of GA

    Answered almost 6 years ago.

    1. Scott Patrick Semrau
    1 lawyer answer

    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...

    2 lawyers agreed with this answer

    3 people marked this answer as helpful

  3. My boyfriend is on first offenders probation and got a violation for a misdemeanor how much jail time is he facing?

    Answered about 1 year ago.

    1. Scott Patrick Semrau
    2. Patricia Gabrielle Abbott
    3. Troy Windel Marsh Jr.
    4. George F. Mccranie IV
    4 lawyer answers

    Probation officers are usually pretty accurate, so I wouldn't post bond. If he doesn't care about losing First Offender, then maybe skip hiring a lawyer. Otherwise, get him a lawyer-- doesn't sound like a particularly complex or expensive case.

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  4. My little brother is in some real deep trouple.....

    Answered over 2 years ago.

    1. Scott Patrick Semrau
    2. George F. Mccranie IV
    3. Noah Howard Pines
    4. A James Rockefeller
    4 lawyer 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.

    3 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Scott Patrick Semrau
    2. James Lawrence Yeargan Jr.
    3. Michael David Barber Jr.
    4. Jack Ira Klein
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How long does it take to get an alcohol Etg test result when it's judge ordered?

    Answered about 1 year ago.

    1. James Lawrence Yeargan Jr.
    2. Zachary Walter Procter
    3. Scott Patrick Semrau
    3 lawyer answers

    It can be instantly. The Drug Court Lab routinely produces results while the Judge waits. Judge Bodiford, for instance, Orders defendants to go and take a test and come back. The results are brought to the judge within minutes.

    2 lawyers agreed with this answer

  7. DUI questions

    Answered almost 6 years ago.

    1. Scott Patrick Semrau
    1 lawyer answer

    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...

    2 lawyers agreed with this answer

  8. Public Indecency

    Answered almost 6 years ago.

    1. Scott Patrick Semrau
    1 lawyer answer

    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...

    2 lawyers agreed with this answer

  9. SPONGEMENT

    Answered almost 6 years ago.

    1. Scott Patrick Semrau
    1 lawyer answer

    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...

    1 lawyer agreed with this answer

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

    Answered about 1 year ago.

    1. John Arnold Steakley
    2. Noah Howard Pines
    3. Scott Patrick Semrau
    3 lawyer answers

    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?

    1 lawyer agreed with this answer

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