Skip to main content
Craig Alan Newburger
Avvo
Pro

Craig Newburger’s Answers

63 total

  • Shoplifting as Ground of Inadmissibility?

    In 2005, I was arrested for shoplifting stuff under $75. I talked to a lawyer and he talked to the prosecutor. The arrangement was for me to attend a program via mail and do some community service. The case was dismissed with no charges and no pro...

    Craig’s Answer

    Read the application carefully. It may state that you must disclose such information (“ever arrested”), even if expunged. When a record is sealed, the record is not available to the general public. The record is still available to law enforcement and appropriate government agencies. Because of the nature of your case, the greater damage to your chances may come from your nondisclosure, if such disclosure is required.

    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.

    See question 
  • Can i press charges on a kid for causing harm to my son

    a kid the same age as my son broke my sons arm

    Craig’s Answer

    Juveniles are prosecuted for crimes in both juvenile court and, in certain cases, as adult offenders. You should consult with local police.

    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.

    See question 
  • Can a court enter a plea of not guilty for you when you asked for a continuence?

    I went to my arraignment and asked for a continuence and was told I was granted 1, all I had to do is fill out an O.R. bond and leave. Then like a week later I get notice of a pre-trial. Someone entered a plea of Not_Guilty for me without my permi...

    Craig’s Answer

    In order for you to have a continuance granted, without final disposition, and at your request, the Court will regard you as maintaining your innocence. You may later withdraw your not guilty plea and enter a plea of guilty (perhaps to a lesser charge; for entering a diversion program; or as charged). You may maintain your not guilty plea through a jury trial or bench trial (judge trial), as well.

    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.

    See question 
  • Can i run a ad in paper to notify my husband that i filed for a divorce.i know he is in town but dont have an address

    i filed a dissolution and he did not come.i no longer know where he resides.i can file a motion to convert to divorce.how can i get this divorce if i can not locate him.my 90days are up in aweek on the dissolution.can ishow good cause and get it w...

    Craig’s Answer

    The following is excerpted from the Ohio Rules of Civil Procedure. Clerks cannot give legal advice and you must follow the rules regarding service on a party whose address is unknown.

    RULE 4.4 Process: Service by Publication

    (A) Residence unknown.

    (1) Except in an action governed by division (A)(2) of this rule, if the residence of a defendant is unknown, service shall be made by publication in actions where such service is authorized by law. Before service by publication can be made, an affidavit of a party or his counsel shall be filed with the court. The affidavit shall aver that service of summons cannot be made because the residence of the defendant is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the defendant, and that the residence of the defendant cannot be ascertained with reasonable diligence.
    Upon the filing of the affidavit, the clerk shall cause service of notice to be made by publication in a newspaper of general circulation in the county in which the complaint is filed. If no newspaper is published in that county, then publication shall be in a newspaper published in an adjoining county. The publication shall contain the name and address of the court, the case number, the name of the first party on each side, and the name and last known address, if any, of the person or persons whose residence is unknown. The publication also shall contain a summary statement of the object of the complaint and demand for relief, and shall notify the person to be served that he or she is required to answer within twenty-eight days after the publication. The publication shall be published at least once a week for six successive weeks unless publication for a lesser number of weeks is specifically provided by law. Service shall be complete at the date of the last publication.

    After the last publication, the publisher or its agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service.

    (2) In a divorce, annulment, or legal separation action, if the plaintiff is proceeding in forma pauperis (indigent) and if the residence of the defendant is unknown, service by publication shall be made by posting and mail. Before service by posting and mail can be made, an affidavit of a party or the party's counsel shall be filed with the court. The affidavit shall contain the same averments required by division (A)(1) of this rule and, in addition, shall set forth the defendant's last known address.

    Upon the filing of the affidavit, the clerk shall cause service of notice to be made by posting in a conspicuous place in the courthouse or courthouses in which the general and domestic relations divisions of the court of common pleas for the county are located and in two additional public places in the county that have been designated by local rule for the posting of notices pursuant to this rule. The notice shall contain the same information required by division (A)(1) of this rule to be contained in a newspaper publication. The notice shall be posted in the required locations for six successive weeks.

    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.

    See question 
  • Do they need a criminal defense lawyer? what is the most likely outcome without one?

    gotta friend, married to a soldier, bt they are seperated and have been 4 almost a year, (tho there is no legal seperation filed they havent lived 2gethr for almost 1 yr) they have a shared bank account which wsnt reported to welfare, fraud inves...

    Craig’s Answer

    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 not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.

    See question 
  • What are the steps to begin an expungement process?

    My waiting period will be over in April of 2011 so that I can file for expungement of a minor misdemeanor, disorderly conduct w/persistence. I have NO prior offenses, including civil and traffic. How do I begin the process? Do I need an attorn...

    Craig’s Answer

    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 Ohio Revised Code:

    2953.32 Sealing of conviction record or bail forfeiture record.

    (A)(1) Except as provided in section 2953.61 of the Revised Code, a first offender may apply to the sentencing court if convicted in this state, or to a court of common pleas if convicted in another state or in a federal court, for the sealing of the conviction record. Application may be made at the expiration of three years after the offender’s final discharge if convicted of a felony, or at the expiration of one year after the offender’s final discharge if convicted of a misdemeanor.

    (B) Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. The court shall direct its regular probation officer, a state probation officer, or the department of probation of the county in which the applicant resides to make inquiries and written reports as the court requires concerning the applicant.

    Your chances are good considering your only conviction is for a minor misdemeanor.

    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.

    See question 
  • Is it against the law to move to a different county while on probation?

    My commiting county is now forcing me to return to their county within a time frame of two weeks. Otherwise, they are violating me. Is this legal? My probation officer knew about the move then told me I had to return. What can I do? please email ...

    Craig’s Answer

    Mr. Guyette is correct. A copy of the conditions of your misdemeanor probation or felony community control may have been given to you. You should acquire a copy immediately. A violation of the conditions you are specifically required to meet will trigger a hearing that may result in reinstatement of your probation or community control, new conditions being added to your existing requirements, or even incarceration. See below:

    EXCERPT from Ohio Revised Code: 2951.08 Conditions for arrest of person on probation or under community control sanction.

    (A) During a period of community control, any field officer or probation officer may arrest the person under a community control sanction without a warrant and bring the person before the judge or magistrate before whom the cause was pending… During a period of community control, any peace officer may arrest the person under a community control sanction on the warrant of the judge or magistrate before whom the cause was pending.

    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.

    See question 
  • Is it hard to set a legal serparation

    we have 4 children 3 are with me 1 is with him

    Craig’s Answer

    Depends. Are you planning to file without the aid of an attorney? Court filing fees/deposits information can be obtained from the appropriate clerk’s office. Domestic relations courts often have websites that detail related rules and provide several related forms.

    Clerks cannot give you legal advice. When you desire to obtain a legal separation, your spouse can countersue for divorce. Legal separations are mutually agreed upon by the parties. One reason some parties seek a legal separation, rather than a divorce or dissolution, may be to ensure both parties receive continued health insurance coverage that would otherwise be lost to a party in either a divorce or dissolution. Often, when a spouse files for legal separation, the other spouse countersues for divorce, as the spouse sees no reason to remain married.

    Ending a marriage can be a complicated undertaking and having the assistance of an attorney is advisable.

    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.

    See question 
  • Is the county that has charged me with deception to try to obtain dangerous drugs allowed to search my house now

    the mahoning county police i was told were at my old address and said they had a search warrant looking for drugs i do not own the house im living in it belongs to my fiance and i dont have my name on anything i dnt have any dangerous drugs in my ...

    Craig’s Answer

    Believe (?) Tramadol is an unscheduled substance under Ohio law and federal law, although, as regulated by federal law, Tramadol may only be dispensed or transferred by prescription.

    If members of law enforcement enter a residence with a valid search warrant, then they may search the premises. The validity of the warrant (whether the police conducted an unconstitutional search and seizure) can be tested at a later suppression hearing. Drug task forces and special investigative units do cooperate in multi-jurisdictional investigations.

    Absent a valid search warrant, members of law enforcement would need valid consent or “exigent circumstances” to allow entry of your premises. An exigency is something that requires immediate attention, such as preventing the destruction of evidence, or preventing the escape of a fleeing felon, or preventing harm to somebody.

    Generally, if you are not present and objecting to any search, your fiancé may give consent sought by the police. Whether the subsequent search involves an unconstitutional search and seizure of your belongings is another matter that can be tested at a later suppression hearing. Refusal of consenting to a search, absent either the police presenting a valid search warrant or the appropriate exigent circumstances, is your (and your fiance's) absolute right.

    Although, your question is anonymous, 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 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.

    See question 
  • My sister was on probation and didnt pay her fines what should she do ?

    it was for a felony 5 and it was two years ago

    Craig’s Answer

    Your sister may be facing a felony probation violation. At sentencing the judge should have indicated how much prison time your sister would be facing if she did not comply with the terms of her probation. An F-5 could carry up to twelve months in prison with credit for any jail time your sister may have already served. Your sister should contact her felony probation officer or office. Was she on non-reporting or reporting probation. Was she required to take any courses, perform community service, pay any restitution in addition to fines, report for drug screens, etc.?

    EXCERPT from Ohio Revised Code: 2951.08 Conditions for arrest of person on probation or under community control sanction.

    (A) During a period of community control, any field officer or probation officer may arrest the person under a community control sanction without a warrant and bring the person before the judge or magistrate before whom the cause was pending… During a period of community control, any peace officer may arrest the person under a community control sanction on the warrant of the judge or magistrate before whom the cause was pending.

    Was your sister put on three years probation? She must pay her fines within the period of probation, but, she really needs to talk with her probation officer, and, probably an attorney if she is facing a violation for any non-compliance with the terms of her probation. Maybe she is not in trouble yet. Ignoring the specific terms of her probation subjects her to risk of criminal sanctions.

    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.

    See question