Craig Alan Newburger’s Answers

Craig Alan Newburger

Cincinnati Criminal Defense Attorney.

Contributor Level 10
  1. Do they need a criminal defense lawyer? what is the most likely outcome without one?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Antony Abboud Abboud
    3. Simon James Patry
    4. Phillip Darrell Kimbrell
    5. Howard M Weinstein
    5 lawyer answers

    Agree with attorney Kimbrell. Your friend should be careful about waiving her Miranda right to remain silent. She has an absolute right not to incriminate herself, and, her decision to remain silent cannot be used against her. She should immediately seek the counsel of a criminal defense attorney whose communications with her are grounded in the preservation of attorney-client privilege (confidentiality). This answer is offered for informational purposes only. It is not offered as, and does...

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  2. Will my dui show on a criminal background search?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Jeffrey Charles Meadows
    3. Jon Joseph Saia
    4. Michael Edward Atwater
    4 lawyer answers

    Agree with attorney Atwater. Arrests (includes your DUI citation where you were released under the discretion of the officer) show up on your record and include information detailing: your charge; the date of your arrest; the jurisdiction where you were arrested, and; before the case is closed, the term “no disposition” (meaning you have an open case) normally appears. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The...

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  3. Missed court date a month ago because there was absolutely no way I could get there

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Andrew Daniel Myers
    2 lawyer answers

    You need to talk with an attorney licensed to practice in Kentucky and familiar with the Boone County courts. There may be a warrant out for your arrest. Should you have been terminated from an Ohio diversion program before your successful completion of the program, your plea of guilty would be accepted by the court and you would be sentenced on your criminal conviction. The dismissal of your case upon successful completion of your diversion program would no longer be an option. In your case,...

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  4. Can the spouse of a convicted felon own a firearm that's kept in the home for protection?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Although, you are not a convicted felon and are not under a disability barring your lawful possession of a firearm(s), unless relieved of his disability your husband cannot knowingly acquire, have, carry, or use any firearm or dangerous ordnance. Your asserting that it is your gun, kept for your protection, versus the State’s position that he knew the gun was there and had sufficient access to it to constitute possession, is a matter for the judge (bench trial) or jury to determine after the...

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  5. I forgot to pay a speeding ticket and may have a warrant

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Generally, if you do not pay within the time allowed any of the following may occur: a noncompliance suspension of your driver license; a warrant block being put on your license, and; a bench warrant being issued for your arrest. [A warrant block on your driver license prevents you from renewing your license before the block is removed.] Should a bench warrant have been issued and entered into the nationwide warrant data base, trying to pass through airport security re-entering the U.S. can...

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  6. Can someone point me in the right direction on this. I'm not sure I can afford a lawyer.

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Were you represented by an attorney? There are evidentiary rules regarding whether a proper foundation has been laid for an exhibit to be admitted. An attorney representing you could evaluate whether to object to the photo being admitted. In Ohio, you have fourteen days from the filing of the magistrate’s decision to file your notice of objection to the decision. You certainly should be represented by an attorney regarding any objection you have to the magistrate’s decision. Should the time...

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  7. What are the steps to begin an expungement process?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Antony Abboud Abboud
    2 lawyer answers

    Check with the clerk's office for the court of jurisdiction. They may have a standard application form for you to fill out. There may be an application fee. The clerks cannot give you legal advice. You may be required to appear at a hearing. If there is no standard application form, or if you do not want to appear pro se (without an attorney) should the prosecutor object to the granting of your application, you may wish to be represented. Seems you know whether you are eligible. Excerpt from...

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  8. Can a prosecutor suppress a police video cam in a DUI case?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Brendan Michael Kelly
    2 lawyer answers

    The tape constitutes exculpatory evidence (evidence that goes towards your brother’s innocence). It is absolutely discoverable and cannot imagine a judge suppressing such evidence (reversible error). Normally judges sign entries submitted by defendants ordering that such evidence be preserved. Suppression motions are filed to suppress evidence tainted by law enforcement’s violation of your brother’s constitutional rights (unreasonable search and seizure actions), not protect the State’s ability...

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  9. In the state of Ohio

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Loretta Marie Helfrich
    2 lawyer answers

    You should be able to order the transcript. Contact the court administrator and confirm the court’s requirements for filing a praecipe and prepayment of the transcriptionist’s estimate. The following is excerpted from a rule of an Ohio domestic relations court: A. Ordering Transcripts. At the time of filing objections to a Magistrate’s decision, or if a party otherwise requests a transcript for any other purpose, the party shall also file a praecipe (DR Form 5) with the Clerk of Courts,...

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  10. Im in court right now for a 5th degree felony assault how much time can o spend in jail

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    A fifth degree felony carries a maximum prison sentence of twelve months. If you were charged with a fourth degree felony the maximum would be eighteen months. Depending on your record, you may be a good candidate for community control (called “probation” when referring to misdemeanors). You should consult with an attorney, as you may have a defense. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you...

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