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Craig Alan Newburger

Craig Newburger’s Answers

62 total


  • Im in court right now for a 5th degree felony assault how much time can o spend in jail

    Craig’s Answer

    A fifth degree felony carries a maximum prison sentence of twelve months. If you were charged with a fourth degree felony the maximum would be eighteen months. Depending on your record, you may be a good candidate for community control (called “probation” when referring to misdemeanors). You should consult with an attorney, as you may have a defense.

    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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  • What happens if I get a citation for underage drinking and i am on probation for a OVI?

    Craig’s Answer

    It is unlikely that the minor errors will prevent you from being convicted. That said, a conviction for your new charge will probably trigger a probation violation. You need to be advised and represented by an attorney. You may have a defense to the new charge. You certainly will need legal assistance regarding appropriate mitigation (post conviction on the new charge) directed towards having your original probation continued and probation being granted on the new charge.

    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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  • What are the consequences of driving 46 in 25 mph zone?

    Craig’s Answer

    The court clerk can inform you about the fine and court costs. By paying the fine and costs you will be convicted of a two point moving violation (takes twelve points for your license to be suspended). Insurance companies regularly check your driving record and increase premiums based on your moving violations history.

    An attorney representing you may be able to have your charge amended to a zero points non-moving violation (example: improper lights) or a zero points moving violation*. In some jurisdictions telephone pre-trials are conducted between your attorney and the prosecutor. A plea bargain may be the result (see below). The plea will involve your paying some fine and court costs, and should not require your physical appearance.

    You are entitled to a "your word against the officer's" trial, or your attorney may be able to negotiate, as stated above, an equipment violation (non-moving, zero points) or zero points moving violation (1-5 mph over the posted speed limit; example: 39 in a 35 mph posted zone). Some insurance companies still regard a zero points moving violation for rate adjustment purposes, even though your state driving record is not assigned any points.

    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 sue my biological father for back child support?

    Craig’s Answer

    Maybe, need to know more about your circumstances. Several Ohio courts have held that a juvenile court does have jurisdiction to determine an award of retroactive support pursuant to its jurisdiction to determine parentage. Courts have held that awards, such as in the following scenarios, have been appropriate: child support retroactive to the child's date of birth in a paternity proceeding brought two years after the child's 18th birthday; a past support obligation even after any present support obligation has been eliminated due to the child's reaching majority; a past support obligation as long as a child commences a paternity action prior to her 23rd birthday, upon finding existence of a parent-child relationship.

    All such actions are dependent on their individual facts and circumstances. You mention the termination of a child support order. Such circumstances may be materially significant, may not. You would benefit from consulting with an attorney about yours.

    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. Without knowing your specific circumstances, this answer is given to incite you to seek legal assistance.

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  • I am being accused of a moving violation I did not commit, and there is no proof it was me. How do I get out of it?

    Craig’s Answer

    The bus driver is a witness and the driver’s testimony regarding what she/he observed is admissible. At trial, the judge or magistrate will decide your case based on the credibility of the witnesses. The police officer did not observe anything.

    The bus driver’s specific recollection of your license plate number and possible description of you are not good facts. Did you admit to the officer you were in the vicinity of the incident, "the way you go to work at that time of day"?

    You may want to be represented by an attorney even though you find the cost of legal representation a burden. Beware of entering a “no contest” plea (you do not contest the facts). Short of winning a "your word against the bus driver's" trial, your attorney may be able to negotiate a non-moving violation (equipment violation, such as improper lights).

    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 it possible to get charged with a burglary if someone never actually entered the household; or would it just be trespassing?

    Craig’s Answer

    Yes, but, it depends on the totality of the circumstances. Hypothetical Example: Two men open the door to an unlocked screened porch of an occupied residence. They enter the porch, but, fail to open the door to the house, after repeated attempts. The two men are for indicted for burglary.

    The State’s theory is that the two men, by force or stealth, trespassed when they entered the separately secured screened in porch of an occupied structure, with the purpose to commit a crime. The mere act of opening the screen door involved force or stealth.

    Remember, just because someone is indicted, does not mean the State can prove its case beyond a reasonable doubt. An indictment is not a conviction.

    Your fiancée will be well served to seek the advice of a criminal defense attorney. He should not incriminate himself by speaking with the police. Your fiancée has a constitutional right to remain silent and his silence cannot be used against him in a court of law. The State has the burden of proving guilt beyond a reasonable doubt.

    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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  • Im 17 and pregnant can i move out without my parents consent?

    Craig’s Answer

    Emancipation of a minor cannot be accomplished by an act of the minor alone and, generally, is the result of some act or omission of the parent. Further, emancipation must be proven and the burden of proof is on the party asserting it. Emancipation may, however, be inferred from the conduct of the parties and surrounding circumstances. Minors have been found to be emancipated upon marriage or entrance into military service. Emancipation has also been found where the minor is living separately from her/his parents, with consent, and managing her/his own financial affairs.

    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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  • What punishments am i facing?

    Craig’s Answer

    A first offense (?) M-1 theft involving $20.00, and, seems likely to be headed for probation. You may even have a defense. You should be represented by a criminal defense attorney. Your attorney can recommend what courses of action you should consider. First time offenders (?) for this type of case, for example, may be eligible for a diversion program.

    A diversion program requires you to admit your guilt to the original charge, but, your plea will not be accepted by your judge or magistrate. You will enter a program that may require you to take a theft 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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  • How much time does conspiracy on a robbery carry?

    Craig’s Answer

    Conspiracy convictions expose co-conspirators to the same sentencing maximums associated with the underlying charge. Robbery (not aggravated robbery) is an F-2, and carries a potential prison sentence of 2-8 years. Sentencing on gun specs runs consecutive to the sentencing on the underlying charge. Gun specs can carry three years or one year of prison.

    Aggravated robbery is an F-1, and carries a potential prison sentence of 3-10 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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  • Missed court date a month ago because there was absolutely no way I could get there

    Craig’s Answer

    You need to talk with an attorney licensed to practice in Kentucky and familiar with the Boone County courts. There may be a warrant out for your arrest. Should you have been terminated from an Ohio diversion program before your successful completion of the program, your plea of guilty would be accepted by the court and you would be sentenced on your criminal conviction. The dismissal of your case upon successful completion of your diversion program would no longer be an option.

    In your case, you are a no show. Warrants are issued in Ohio courts for failures to appear. Imagine that is the case in Kentucky.

    The judge in any court, Ohio or Kentucky, will wonder why you did not call the court or exert any other demonstrable effort to try to comply with the terms of your diversion. You may qualify for a court appointed attorney. Maybe best to turn yourself in and let the process run its course. You would be well served to be advised by a Kentucky licensed attorney from this moment to the finish line.

    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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