Craig Alan Newburger’s Answers

Craig Alan Newburger

Cincinnati Criminal Defense Attorney.

Contributor Level 10
  1. What happens if I get a citation for underage drinking and i am on probation for a OVI?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Shawn Richard Dominy
    3 lawyer answers

    It is unlikely that the minor errors will prevent you from being convicted. That said, a conviction for your new charge will probably trigger a probation violation. You need to be advised and represented by an attorney. You may have a defense to the new charge. You certainly will need legal assistance regarding appropriate mitigation (post conviction on the new charge) directed towards having your original probation continued and probation being granted on the new charge. This answer is...

  2. What are the consequences of driving 46 in 25 mph zone?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    The court clerk can inform you about the fine and court costs. By paying the fine and costs you will be convicted of a two point moving violation (takes twelve points for your license to be suspended). Insurance companies regularly check your driving record and increase premiums based on your moving violations history. An attorney representing you may be able to have your charge amended to a zero points non-moving violation (example: improper lights) or a zero points moving violation*. In...

  3. Can i sue my biological father for back child support?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Maybe, need to know more about your circumstances. Several Ohio courts have held that a juvenile court does have jurisdiction to determine an award of retroactive support pursuant to its jurisdiction to determine parentage. Courts have held that awards, such as in the following scenarios, have been appropriate: child support retroactive to the child's date of birth in a paternity proceeding brought two years after the child's 18th birthday; a past support obligation even after any present...

  4. Why would someone file a time waiver of speedy trial requirements?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Speedy trial time waivers are common and often quite necessary. Despite the burden of the State to prove your guilt beyond a reasonable doubt, the defense needs to be prepared to present your side of the story while exposing weaknesses in the State’s case. Discovery, investigation of your case beyond what the State is obligated to disclose, and the preparation, filing and hearing of your appropriate pretrial motions requires time (motion to suppress, motion to disclose the identity of the...

  5. I am being accused of a moving violation I did not commit, and there is no proof it was me. How do I get out of it?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    The bus driver is a witness and the driver’s testimony regarding what she/he observed is admissible. At trial, the judge or magistrate will decide your case based on the credibility of the witnesses. The police officer did not observe anything. The bus driver’s specific recollection of your license plate number and possible description of you are not good facts. Did you admit to the officer you were in the vicinity of the incident, "the way you go to work at that time of day"? You may...

  6. Is it possible to get charged with a burglary if someone never actually entered the household; or would it just be trespassing?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Neil Scott Rubin
    2 lawyer answers

    Yes, but, it depends on the totality of the circumstances. Hypothetical Example: Two men open the door to an unlocked screened porch of an occupied residence. They enter the porch, but, fail to open the door to the house, after repeated attempts. The two men are for indicted for burglary. The State’s theory is that the two men, by force or stealth, trespassed when they entered the separately secured screened in porch of an occupied structure, with the purpose to commit a crime. The mere act...

  7. Im 17 and pregnant can i move out without my parents consent?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Emancipation of a minor cannot be accomplished by an act of the minor alone and, generally, is the result of some act or omission of the parent. Further, emancipation must be proven and the burden of proof is on the party asserting it. Emancipation may, however, be inferred from the conduct of the parties and surrounding circumstances. Minors have been found to be emancipated upon marriage or entrance into military service. Emancipation has also been found where the minor is living separately...

  8. What punishments am i facing?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    A first offense (?) M-1 theft involving $20.00, and, seems likely to be headed for probation. You may even have a defense. You should be represented by a criminal defense attorney. Your attorney can recommend what courses of action you should consider. First time offenders (?) for this type of case, for example, may be eligible for a diversion program. A diversion program requires you to admit your guilt to the original charge, but, your plea will not be accepted by your judge or magistrate....

  9. How much time does conspiracy on a robbery carry?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Conspiracy convictions expose co-conspirators to the same sentencing maximums associated with the underlying charge. Robbery (not aggravated robbery) is an F-2, and carries a potential prison sentence of 2-8 years. Sentencing on gun specs runs consecutive to the sentencing on the underlying charge. Gun specs can carry three years or one year of prison. Aggravated robbery is an F-1, and carries a potential prison sentence of 3-10 years. This answer is offered for informational purposes...

  10. What does a m-4 domestic violence charge mean in the state of Ohio?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer answer

    Just the opposite. An M-1 is the most serious misdemeanor, punishable by up to (maximum) six months in jail and a $1,000.00 fine, while an M-4 is punishable by up to 30 days in jail and a $250.00 fine. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.

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