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Craig Alan Newburger
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Craig Newburger’s Answers

63 total


  • Is it legal for my husbands ex to take away communication (kid lives in Ohio, us NY) for non child support?

    My husband did not pay child support for years, started to pay support at the beginning of the year (what the mother wanted), they will not give the child money nor let him call the house, so we got a cell phone for him. after 2 mo we realized we ...

    Craig’s Answer

    If a court order exists regarding visitation the father needs to file a contempt action. If no visitation order exists, the child’s father needs to seek an order for visitation. Such orders are normally granted in the County Domestic Relations Court where the child resides.

    Child support and visitation are separate matters. When a party fails to honor a visitation order through denying visitation or alienating affection, a contempt action is appropriate.

    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 probation officer find out If i was arrested in a neighboring county?

    My probation officer has me come in like once every three months for a check up. there is minimum contact between us but 4 days ago I was arrested for possessing drug abuse instrument in a neighboring county.. i am on probation for alcohol only so...

    Craig’s Answer

    Probation officers (P.O.s) routinely check, in the course of their service, for arrests and convictions within and outside the county of jurisdiction. Preemptive disclosure is up to you. Sometimes P.O.s will wait to see the outcome of the new charge before violating you. Depends. Probation violations may not result in the imposition of jail time for the new charge. No false hope here. Each case has its own facts.

    If you see your P.O. and do not disclose your new arrest during your scheduled meeting, the P.O. will not appreciate your concealment of the arrest that occurred before the meeting. Your new charge is drug related, as was your prior conviction. Might trigger some modification of your probation regarding a treatment program. No guarantees, but, you are concerned with damage control.

    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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  • I got charged with a Felony 5 Breaking and entering for the first felony charge ever what do i do.

    Me and two friends broke in a barn and got charged with a felony Breaking and Entering

    Craig’s Answer

    If you have not already made any statements to a police investigator you should be careful about waiving your Miranda right to remain silent. You have an absolute right not to incriminate yourself, and, your decision to remain silent cannot be used against you. You should immediately seek the counsel of a criminal defense attorney whose communications with you are grounded in the preservation of attorney-client privilege (confidentiality). Remember, police ask questions seeking answers to be used in your prosecution.

    As a first time low-level felony offender you most likely would, if convicted, be headed towards community control (probation). Do not sacrifice a potential defense by being persuaded that the consequences will be minimal. You, most likely, would be put on one to three years of community control, with potential prison possible for a community control violation. You will not be able to expunge any eligible conviction for three years following your successful completion or early termination of your community control.

    Being a convicted felon will close many doors for you during those years.

    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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  • I got charged with a felony 5 breaking and entering what do I do

    Me and two friends was scrapping metal and got charged with a felony 5 breaking and entering

    Craig’s Answer

    Scrap metal cases are receiving more attention these days. If you have not already made any statements to a police investigator you should be careful about waiving your Miranda right to remain silent. You have an absolute right not to incriminate yourself, and, your decision to remain silent cannot be used against you. You should immediately seek the counsel of a criminal defense attorney whose communications with you 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 not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.

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  • I forgot to pay a speeding ticket and may have a warrant

    i forgot to pay a speeding ticket and may have a warrant and i have to fly out town this weekend can i still fly with a warrant

    Craig’s 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 be a problem.

    You can retain an attorney to try and have the warrant recited and recalled, and your matter set for pretrial. Why allow your noncompliance to hang out there?

    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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  • Blackmail?

    My husband wants out of our marriage immediately. He threatened to share private emails of mine to my co-workers and friends to embarrass me if I do not sign his dissolution papers immediately. Is this blackmail?

    Craig’s Answer

    You need an attorney. In the meantime, you may want to preserve the threats you describe. It is legal in Ohio to record your telephone conversations without telling the other party you are recording them (no wiretapping other persons’ phone lines). You can also record face to face conversations without telling the other party what you are doing. Let him do the talking and do not put words in his mouth. Date the recordings.

    Your attorney will assess the value of such recordings or other evidence (his emailed threats to you?). Should you acquire any recordings, store them where they cannot be retrieved by anyone but you.

    When a divorce is filed, an entry for a mutual restraining order is routinely signed by a magistrate or judge, when presented by either party, to shut down threatening, abusing, stalking, annoying, or interfering by either party. Violation of the order is grounds for contempt.

    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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  • Is there anything I can do about child support not doing anything for my case ?

    my local child support office is doing nothing to make my daughters father pay his child support .he's over 5,000 behind and he just makes payments as he feels he can afford im assuming .

    Craig’s Answer

    Check with the Warren County Child Support Enforcement Agency (CSEA) office regarding how and under what circumstances you can initiate a contempt action.

    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 to drop a Civil Protection Order

    I have a CPO against the father of my child but I'm trying to find out how i can go about dropping/dismissing this CPO by myself or do i need an attorny and where can i go to dop/dismiss this CPO. Also him and I have court at the end of the month ...

    Craig’s Answer

    Contact the Domestic Relations Court office that has jurisdiction over the CPO. You should be able to find out how to voluntarily dismiss the CPO. Contact a local criminal defense attorney regarding the criminal charge. Prosecutors often do not agree to dismiss criminal charges after the charges are filed. A local criminal defense attorney may be able to help the father and you, the prosecuting witness.

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

    8 months ago I signed over custody of my son to his father. Kid was acting out, so figured he needed a change of venue. Gave him a few months to get used to his new surroundings. So 3 months ago, I start to arrange visits again... denied to the...

    Craig’s 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 have passed for you to object you may, at some point, file a motion to modify the temporary orders grounded in a substantial change in circumstances. Hard to assess whether other options may be available to you without knowing your circumstances (timely filing a motion to set aside magistrate’s order, filing a motion for a new trial).

    You may seek the assistance of “pro bono” lawyers (lawyers who represent clients who are indigent, without charging legal fees) or lawyers who will offer payment plans. The Legal Aid Society may be an another option for you to consider, though your case may not fall under their guidelines (?).

    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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  • I am divorce for almost 3 yrs. In the divorce decree I kept the car and the continued to make the car payment. My exhusband just

    I am divorce for almost 3 yrs. In the divorce decree I kept the car and the continued to make the car payment. My exhusband just filed bankrupcy and included the car on it, since his name was the main borrower. What will happen? will they come tak...

    Craig’s Answer

    You should seek the guidance of an attorney who can appropriately represent your interest. Spouses and ex spouses sometimes scare each other with threats regarding their filing for bankruptcy. You should receive notice of any bankruptcy action and assert your interest accordingly.

    The following is a ROUGH CUT AND PASTE from the Bankruptcy Code. In so much as the following is cut and pasted and FURTHER SIMPLIFIED, the opportunity for inaccuracy is present. You should only try to understand your ex spouse's bankruptcy as it specifically applies to your circumstances with the advice of an attorney who is not cutting and pasting and oversimplifying, but, dealing with you and your circumstances directly.

    TITLE 11 BANKRUPTCY [11 USC 523(a)(15)]:

    § 523. Exceptions to discharge

    A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title [11 USCS § 727, 1141, 1228(a), 1228(b), or 1328(b)] does not discharge an individual debtor from any debt such as those related to domestic support obligations; to a spouse, former spouse, or child of the debtor and not of the kind that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit unless—
    (A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor and, if the debtor is engaged in a business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business; or
    (B) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor…

    READ ABOVE SUBSECTION (B) AGAIN. A consultation with an attorney who can review your divorce decree in light of any bankruptcy action filed by your ex can help you avoid being unnecessarily scared.

    This information is not reported here as it appears in Title 11, and should be considered with the greatest care.

    THE ABOVE ANSWER IS NOT OFFERED AS LEGAL ADVICE AND PRESUMES YOU DO NOT ALREADY HAVE AN ATTORNEY.

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