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Craig Alan Newburger
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Craig Newburger’s Answers

63 total


  • My sister didnt pay her fines on probation what should she doe

    it was for a felony 5 and it was two years ago but she is still on probation?

    Craig’s Answer

    Your sister may be facing a community control 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.

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  • I have a domestic violence charge against me from back in may of 2004. Can I get this expunged from my record and how?

    I had no idea how severe domestic violence charge was at the time. I am finding it harder to get a job with this on my record. Please help me find a solution if any to this problem. Thanks KF

    Craig’s Answer

    In Ohio, if you were convicted of an offense of violence (in your case, domestic violence § 2919.25), when the offense is a misdemeanor of the first degree you cannot have your record expunged. If your are charged with another domestic violence after being convicted of an M-1 DV, your new charge will be enhanced to a felony, due to the prior conviction.

    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 prosecutor suppress a police video cam in a DUI case?

    My brother was stopped for DUI while driving home from work. Officer claimed he had been watching him swerving, almost knocking over mail boxes. My brother passed field sobriety, (he had NOT been drinking) and was shocked when he was handcuffed an...

    Craig’s Answer

    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 to prevail at trial.

    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 filing Chapter 13 discharge property settlement in divorce?

    My ex-husband is threatening to file Chapter 13 to get out of paying me a property settlement. The divorce decree states that if he does not have the money to pay me, it is to come out of his 401k. Will he still have to pay or will he get it disch...

    Craig’s Answer

    Attorney Lampert correctly refers you to 11 USC 523(a)(15). 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:

    § 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.

    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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  • Can I file for a decree to required my baby's father to add her to his insurance without having to include child support?

    When my baby was born in February, my insurance had 100% coverage so we decided that she did not need to be added to her father's health insurance. In June, my company changed our plan to a 2500/5000 deductible plan. The father is more than wi...

    Craig’s Answer

    If you and your baby’s father have a decree of divorce and/or a court order regarding child support, you may submit an “Agreed Entry” for the Court to adopt. Once the judge signs the entry it becomes a current Order of the Court. You would be well served to consult with an attorney.

    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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  • M1 assault charge first offense ever in my life i am 40 what is likely to happen?

    this is in ohio and it did not even happen my husband and stepdaughter were mad because i called social services on her for not taking care of her baby and this was payback

    Craig’s Answer

    As attorney Eichorn indicated, you must be proven guilty, and beyond a reasonable doubt. A criminal defense attorney can help you evaluate how you may proceed with your defense. Attorney Eichorn also indicated you may be able to plea bargain or enter a diversion program. Depending upon factors such as the strength of the case against you, your lack of a prior criminal record, and so on, your attorney may advise you to go to trial (bench trial by judge, or jury trial), accept a plea bargain (pleading to a lesser charge such as disorderly conduct), or enter a diversion program if it is offered and your are willing to accept the offer.

    A diversion program requires you to admit your guilt to the original charge, but, your plea will not be accepted. You will enter a program that may require you to take an anger management 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.

    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 I have a default warrant (failure to appear) removed because I was in jail on the court date?

    I had a court date in Ohio for assault, but could not be there because I was arrested and held in custody, then on probation in another state. How can I remove this bench warrant without being jailed with no bond. Can I just show that I was in j...

    Craig’s Answer

    Generally, an attorney, will notice her/his appearance on your behalf, and try to have your warrant recited and recalled without your being locked up. An attorney may also accompany you to court and represent your circumstances and seek reinstatement of your prior bond.

    Do you think it may be a good idea for the attorney to further represent you for your open assault charge? The court will be curious as to why you did not write to the court from jail, or while on subsequent probation.

    Again, an attorney can serve you both on your open nationwide warrant and the underlying assault charge. Being picked up on an open warrant grounded in your failure to appear can never look good.

    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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  • In the state of Ohio

    Is it possible to get a transcript of a divorce trial after the trial and before the magistrate has ruled?

    Craig’s Answer

    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, requesting a transcript. The party filing the praecipe shall also mail a copy of the praecipe to the opposing party and submit a copy to the Domestic Relations Office. The Domestic Relations clerk shall deliver the praecipe to the appropriate transcriptionist who shall then notify the requesting party or attorney of the estimated cost of the transcript. The entire cost estimate of the transcript shall be paid to the transcriptionist within seven (7) days of the filing of the praecipe. Transcripts will not be prepared without payment of the cost estimate. If objections are filed and if no payment is received within that seven day period, the transcriptionist shall notify the Judge who may then proceed to rule upon the objections. Any balance or refund due shall be payable to or by the appropriate party upon the completion of the transcript.

    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 does the state of ohio have to indict on potential felony charges?

    arrested for deception to obtain. given a future. wondering how long the state has to issue an indictment on these charges.

    Craig’s Answer

    You did not specify “deception to obtain”. You expressed concern about potential felony charges, so presumably you are concerned about: 2925.22 Deception to obtain a dangerous drug. [“Deception to obtain” is not limited to drugs, see for example: 2907.33 Deception to obtain matter harmful to juveniles.] The following is an incomplete EXCERPT regarding limitations on prosecutions:

    § 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;

    Since you were already arrested, you may want immediate legal assistance from a local attorney. Your wait MAY be for a period of months or much less. Some charges can be 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 case does not seem to be so simple. If your charge was bound over to a grand jury, following a preliminary hearing on probable cause in a municipal court, or if your charge is being presented for potential direct indictment (bypassing the municipal court), you may simply have to wait. You may serve your present peace of mind and future potential defense by 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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  • If I was assaulted last night and didn't report it right away can I still press charges?

    This woman, much larger than me, attacked me in a hallway and slammed me in a wall. I was so angry and hurt that I was running off adrenaline and just left. There were two witnesses there that saw the whole thing happen.

    Craig’s Answer

    Yes, you can call the local police and tell them you want to make a complaint. Whether your complaint involves “domestic violence” or “assault" depends on your relationship with your assailant.

    Domestic violence, in your case, would involve a “family or household member” attempting to cause or recklessly causing you bodily injury or by the threat of force making you fear imminent serious physical harm being done to you.

    "Family or household member" means (*simplified*):

    (a) Any of the following who is residing with or has resided with you:
    (i) Your spouse, a person living as your spouse, or a former spouse;
    (ii) A parent, a foster parent, or a child of yours, or another person related by consanguinity (kinship) or affinity to you;
    (iii) A parent or a child of your spouse, person living as your spouse, or former spouse of yours, or another person related by consanguinity or affinity to you;
    or,
    (b) The natural parent of any child of whom you are the other natural parent or is the putative other natural parent.

    The offense of domestic violence arises out of the relationship of the parties rather than their exact living circumstances. A relationship exists where two persons commingle their assets, sharing certain familial or financial responsibilities, in addition to simply staying under the same roof in a “romantic” relationship.

    The information above has been *simplified*. Whether you are complaining about domestic violence or assault will be sorted out by a member of law enforcement.

    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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