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Robert Anthony Herking

Robert Herking’s Answers

48 total


  • Have been accused of theft of $13.00. i accidentally took someones change from the self check out after my transaction.

    i have a court date on 3-3-15. i cant afford a lawyer or high court costs. so what im asking is whats the worst they can do to me? will i have to pay a fine and be done with this or could i go to prison for this?

    Robert’s Answer

    First, do not talk to anyone about the case except your lawyer. Theft in Ohio of this amount is a misdemeanor of the 1st degree, subject to a maximum of 180 days incarceration and a $1000 fine. Guilt and innocence are the first steps in any case. Depending on your income, and other eligibility factors, you may qualify for a public defender who will provide counsel to you for no fee. If you are found guilty, a lot of factors determine the sentence you would receive (e.g., prior criminal convictions, age, motive, etc). These facts will determine if you receive probation or a jail sentence. You will also be subject to court costs if you are convicted. I would highly recommend you contact the public defender's office in your geographic area, as they would be able to see if you qualify for them representing you. Most importantly, do not further discuss your case with anyone, and especially in regard to the facts of your case.

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  • My boyfriend is in jail for failure to register as sex offender when he got out in October he thought he had to register in

    October he always kept up with registering will he get probation

    Robert’s Answer

    It depends on what he is required to register for, and what he is charged with currently. The laws in this area have changed over the past decade, with the most recently change being only a couple years ago. He should consult with a properly licensed and experienced lawyer in sex offender/registration laws. There are a lot of variables necessary to answer your question.

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  • Someone i know was arressed for stealing $1500 from his work, what degree felont is that and what is the possible sentencing?

    crime occurred in cincinnati ohio

    Robert’s Answer

    I agree with John on penalty, but there may be other options. Consult an attorney. They may be able to minimize it or keep is a misdemeanor or do diversion.

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  • Is my arrest warrant still active?

    About 7 months ago (2/14/12), I was caught shop lifting. The officer told me to call the clerks office the following tuesday and ask if there is a warrant for my arrest. Fortunately there wasn't. I learnt my lesson, and moved on. Out of curiosity,...

    Robert’s Answer

    The $75 fee is court costs most likely. Cases in Clermont County are marked closed when a warrant is issued. Without a name I cannot look up any information online, so you are free to contact me to discuss offline at 513-659-8892. Shoplifting and other theft charges are sometimes delayed in filing due to the person who is the victim not knowing whether or not to file.

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  • Can you get a breaking and entering charge for going on someone's land that is NOTposted no trespassing

    I know someone in trouble for it he has a inditement for it

    Robert’s Answer

    I agree with the previous answer. The fact that a "No Trespassing" sign wasn't there doesn't matter. You need both the intent to commit a theft, and the trespass. You can be indicted with just probable cause, but need proof beyond a reasonable doubt to be convicted.

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  • Can a lawyer bail out a client if he is representiing the client?

    I was arrested on a warrant and called my attorney to bail me. i assured him that I had the bail money at my apartment , but couldn't reach anyone. he told me that he could not bail me out due to the" Code of Ethics " rule.

    Robert’s Answer

    I would be hesitant as well. This is not a well defined area and most attorneys, including me believe we cannot post bond for a client due to ethics rules.

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  • How can i lower my charges or even get them droped ? please help

    i am currently being charged with felonious assult second degree for my moms boyfriend comming into my bedroom trying to drown me with a pop while i was in my bed and as my eyes burned with pop i unknowly stab him to where he needed 3-5 stiches i...

    Robert’s Answer

    First, dont talk about the specifics of your case anymore online. Contact an attorney or the public defender. Ohio does have self defense as an affirmative defense which you bear the burden on. Your attorney will hopefully find a prosecutor willing to listen and exercise discretion. Good luck

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  • I am on probation for a M1 child endangering and facing a probation violation

    I was living in Hamilton, Ohio and moved back to Cincinnati, Ohio end of May. I was sentenced to mental health services, parenting classes, domestic violence classes, getting my ged, getting a job, 180 days of home incarceration and 100 hours of c...

    Robert’s Answer

    You can get violated but the mitigation you talk about needs to be proven to the court at the hearing. Bring all documentation with you to court.

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  • I missed an expungement hearing today in Common Pleas Court due to no transportation

    what will happen ? Do I loose my chance to have this done ? Will they do it with out me there ? What do I need to do ? I have been waiting for this for a long time and I couldn't get there,will the Judge fine me? Will he put me in jail for missing...

    Robert’s Answer

    They may have granted it or denied it. If you have an attorney he may have attended for you, which often works. I would contact the clerks office and see.

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  • Can i be charged with arson of my own house when it was ruled accidential at first?

    my house caught fire when i was at the hospital one hour later, at first the fire marshall ruled it as a dryer fire, then they came and took the house computer that was being used as a business computer, said they found evidence on it that links t...

    Robert’s Answer

    Whether or not it is enough evidence to convict, it depends on what they found. However, it may be enought to indict, which isn't hard. Don't get into the facts here online, but rather contact an attorney who can look at all the evidence, advise you, an maybe deal with the police to prevent the grand jury.

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