Craig Alan Newburger’s Answers

Craig Alan Newburger

Cincinnati Criminal Defense Attorney.

Contributor Level 10
  1. Is the county that has charged me with deception to try to obtain dangerous drugs allowed to search my house now

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer 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...

  2. My sister was on probation and didnt pay her fines what should she do ?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Antony Abboud Abboud
    3. Sarah Louise Villa
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Antony Abboud Abboud
    3. Sarah Louise Villa
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer 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...

  5. Will filing Chapter 13 discharge property settlement in divorce?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Jeffrey B. Lampert
    3. Justin Lee Lawrence
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer 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...

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

    Answered almost 4 years ago.

    1. Philip Alan Eichorn
    2. Craig Alan Newburger
    2 lawyer answers

    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 (...

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

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer 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....

  9. How long does the state of ohio have to indict on potential felony charges?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    1 lawyer 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...

  10. If I was assaulted last night and didn't report it right away can I still press charges?

    Answered almost 4 years ago.

    1. Craig Alan Newburger
    2. Mekisha Jane Walker
    2 lawyer answers

    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...

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