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Craig Alan Newburger
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Craig Newburger’s Answers

63 total


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

    I live in cincinnati ohio and could not make it to court in boone county ky in order to pay money under my diversion agreement. I could not make it there because I am unemployed and have no means of transportation. My family has informed me that...

    Craig’s Answer

    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, you are a no show. Warrants are issued in Ohio courts for failures to appear. Imagine that is the case in Kentucky.

    The judge in any court, Ohio or Kentucky, will wonder why you did not call the court or exert any other demonstrable effort to try to comply with the terms of your diversion. You may qualify for a court appointed attorney. Maybe best to turn yourself in and let the process run its course. You would be well served to be advised by a Kentucky licensed attorney from this moment to the finish line.

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

    My husband has a felony for drug possession 9 years ago in Canton, Ohio. I don't have a record and I want a gun in the home for protection. Will this be a problem b/c of his record? God forbid if we ever had to use the weapon would he go to jail e...

    Craig’s 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 trial for an F-3 Having weapons while under disability charge (ORC 2923.13).

    Whether you can lawfully possess a firearm may be secondary when you consider the risk implicit in the above scenario.

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

    I was convicted of this in 2004, my only other charge on my record is Disorderly Conduct in 2001. Is an m-4 closer to a felony than an m-1? Thanks.

    Craig’s 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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  • If someone has the police call you to not contact them . how long in that in effect?

    Is there a time frome of the duration?

    Craig’s Answer

    The length of time is not the issue. The police warning is not a court order or a criminal charge.

    Police advise persons wishing to file telephone harassment complaints that the person they want to leave them alone must be informed not to call. First, the complaining party must tell the person not to call. Second, the police will call and warn the person not to call. If the calls continue, a telephone harassment charge may be filed.

    The warning is only a stepping stone preceding a criminal charge being filed. Your guilt or innocence regarding the charge is still a matter to be determined.

    Evidence of continued calls may include the complaining person's claims, phone records, tape recorded conversations, messages left on voicemail, etc. Even “totality of the circumstances” evidence such as text messages and emails may be considered.

    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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  • Petty theft 1st offense no priors what can I expect in lucas county?

    83$ stolen in merch. This is my first offense, I might be able to pay restitution and fines, maybe an attorney. I don't want to go to jail, how can I make this go away if possiable? Please help I'm scared

    Craig’s Answer

    A first offense M-1 theft conviction involving $83.00 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. You will enter a program that may require you to take a theft class, perform a set number of community service hours, etc. You will be required to stay out of further trouble for a time period normally ranging between six months (misdemeanor; your charge) to a year (felony). There is a diversion program fee you will be required to pay. When you successfully complete a diversion program, your original charge will be dismissed.

    You will be well served to seek the advice of a criminal defense attorney. If you are indigent, you may request an attorney be appointed to represent you.

    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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  • Three people was charged with the same thing. two got 6 months the other nothing is that possible.

    they all was charged withthe same thing. thee two males have a history with the police but the girl is her first time getting in trouble she got six months and her friend got six months and the other got probation

    Craig’s Answer

    There are many factors that influence sentencing of co-defendants. Prosecutors, for example, may make sentencing recommendations based on the preferences of the police and/or victims. Sometimes “target” suspects receive stiffer sentences.

    Plea bargains are fashioned on multiple factors, as well. Level of defendant cooperation or varying strength of the State’s case against different co-defendants effect sentencing outcomes.

    The judge, after reviewing presentence investigation reports and other information, may sentence multiple co-defendants differently.

    In other words, as attorney Kimbrell put it, “yes...it is possible”.

    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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  • Can a registered sex offender get a law degree?

    I am currently on trial and if found guilty will be a tier 1 sex offender. I am currently in school working on my law degree. Can I still pursue that if I am found guilty?

    Craig’s Answer

    Getting a law degree may be possible, but you will still be confronted regarding your past before being admitted to the bar. Admission may be possible, as well. Consider the following.

    You must complete a written character and fitness application for admission to the bar in the State of Ohio. You will then be interviewed in person. Crimes of moral turpitude may disqualify you. That said, do not conceal your criminal background. Disclose any details on your written application and be prepared to discuss those details during your interview.

    Some persons convicted of various crimes involving moral turpitude have moved forward and have been admitted to the bar. The concepts of “paid debt to society” and “rehabilitation” are relevant. Admission to the bar is determined on a case to case basis. A sex crime is an act of moral turpitude and will be weighed during the application process.

    Agree with attorney Fink. Check with the state bar association and question them about the above information in light of your circumstances.

    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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  • How long do the state of ohio have to indicted a person

    indictment

    Craig’s Answer

    There are limitations on the State commencing prosecutions. The following is an INCOMPLETE EXCERPT regarding limitations on prosecutions in Ohio:

    § 2901.13. Limitation of criminal prosecutions

    (A) (1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:

    (a) For a felony, six years;

    (b) For a misdemeanor other than a minor misdemeanor, two years;

    Some charges are ultimately "ignored" (a term often used in Hamilton County, Ohio). In Hamilton County, for example, a person who is formally arrested normally is given a grand jury report date, so the waiting period is often defined.

    Normally, the indictment process involves: a charge being bound over to a grand jury following a preliminary hearing on probable cause in a municipal court, or; a charge being presented for potential direct indictment (bypassing the municipal court).

    The State normally offers no information regarding whether a charge(s) is still in play, absent the Hamilton County scenario of publically releasing information regarding a charge being “ignored”. Your present peace of mind and future potential defense may benefit from your retaining an attorney to directly advise you about your particular circumstances.

    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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  • What Are The Options When Waiting for Grand Jury Indictment?

    My fiancee was arrested in May of 2009 and charged with three felony counts on possession with intent to deliver. The charges were extreme when he was arrested (he had small personal amounts in his overnight bag). He has gone through FOUR grand ju...

    Craig’s Answer

    Grand juries meet secretly, but, there are limitations on the State commencing prosecutions. The following is an incomplete EXCERPT regarding limitations on prosecutions in Ohio:

    § 2901.13. Limitation of criminal prosecutions

    (A) (1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:

    (a) For a felony, six years;

    (b) For a misdemeanor other than a minor misdemeanor, two years;

    Some charges are ultimately "ignored" (a term often used in Hamilton County, Ohio). In Hamilton County, for example, the person arrested normally is given a grand jury report date, so the waiting period is often defined. Your fiancée’s case is not so simple.

    Normally, the indictment process involves: a charge being bound over to a grand jury following a preliminary hearing on probable cause in a municipal court, or; a charge being presented for potential direct indictment (bypassing the municipal court).

    The State normally offers no information regarding whether a charge(s) is still in play, absent the Hamilton County scenario of publically releasing information regarding a charge being “ignored”. Your fiancée may serve his present peace of mind and future potential defense by retaining an attorney to directly advise him about his particular circumstances.

    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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  • Will my dui show on a criminal background search?

    I was not arrested and booked for my dui. i was just handed a pink paper like a traffic ticket to appear in court.

    Craig’s Answer

    • Selected as best answer

    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 answer presumes you are not currently represented by an attorney who knows your specific circumstances.

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