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Bert W. Cohen
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Bert Cohen’s Answers

344 total


  • Will I have to still complete the DDS-Certified RISK REDUCTION that was court order to reinstate my license?

    I was on probation for poss. of Marj. I did the last 4 days of it in jail. my probation has been terminated.

    Bert’s Answer

    If you pled guilty or nolo contendere, you must attend risk reduction course if you want to get your license back. If you pled under the conditional discharge or first offender statute you do not need to attend the risk reduction program to get your license back.

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  • What is the law on self-defense in Georgia

    My son was involved in a fight at school yesterday, 1/25/2016. The other student and his entourage approached my son, and verbally threatened him. At this time my son took off his backpack and put his hands up in a boxing position, blocking his f...

    Bert’s Answer

    Yes he do! He also has a right to a lawyer. I strongly suggest you hire a lawyer to argue on his behalf at the school suspension hearing as well as to defend him and put up a self defense argument if the case goes to juvenile court.

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  • Should I answer yes or no to this graduate school application question?

    I am applying to graduate school and one of the questions states "Are you currently charged with, or have been found guilty of, any violation of a federal, state, or municipal law, regulation or ordinance other than minor traffic violations, inclu...

    Bert’s Answer

    There is no good answer, but i may answer no, because if this is a Georgia sentence, you were never found guilty. Judgement was deferred and later judgement of acquittal entered meaning not guilty. However if the job is with a government agency or involves some kind of license or government certification, then the employer will know about the arrest anyway. If the employer uses a background investigator or a data mining firm then the employer may find out as well and could (mistakenly) consider you a liar if you claim you were never convicted.

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  • Does ''one count'' for sale of a drug, mean one time sold or can it mean several times sold?

    I thought that a c.i. had to buy at least three times from a person for a warrant to be issued for a sales charge? If I'm charged with one count of sale of methamphetamine does that mean that I only sold to c.i. one time, or could it be several ti...

    Bert’s Answer

    One count means one time. There is no rule that states that a CI must buy drugs three times from you in order for the police to arrest. This is a fallacy , same as the supposed rule that when you ask a person if he is a police officer he must tell you.

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  • I'm out on bond and still making payments but now have VOP warrant to handle. Can they come off bond for non payment?

    I plead first offenders and was put on 5 years probation for Financial Credit Card Fraud.... I caught the same charge this past November and made bond before probation found out I was in jail. My bond was $700 and I paid $300. I was scheduled to p...

    Bert’s Answer

    The bondsman can go off your bond, will keep the $300, and can sue you and/or any co-surety (if someone other than you hired him) for what you owe him. If the opportunity even arises, and if you come up with the money, you may be able to hire a different company or make arrangements with the same company to get a new bond posted. This will depend on the local sheriff's rules for such cases. Be aware that bondsmen sometimes share information about their clients. So if you owe the first bondsman money, he may let the others know this which could result in you not being able to hire anyone. If the State has a strong case against you, and if the new and old charges are all in the same county, what often happens in such a situation is you sitting in jail a while and then pleading guilty to the new charges and having your probation revoked at the same time as a package deal. If your financial situation remains bad while you are waiting in jail you will get a public defender or appointed lawyer who's job it will be to keep you from having all of your probation revoked resulting in a trip to prison. In any case, if you have willing family or friends, you need them to hire a lawyer for you fast.

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  • Can I push my court date back until they appoint me a public defender?

    I have 2 misdemeanor theft by taking charges that I go to court for in a few days I filled out the application for a public defender I called the court house where I live and they gave me the name of my public defender so I called and the office s...

    Bert’s Answer

    Just go to court and make sure to let the judge know your situation.Provide specific details about who you talked to and when, to demonstrate that you are serious. It will all be sorted out

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  • Does the sentencing part of the GA Criminal Laws apply to offenders?

    I've seen several, and I mean maybe upwards of 100s who are listed on the GDC website who are actively serving getting out way before the actual release date they should be given according to GA Law. Here is an example, GA Code 16-6-1 (Rape) S...

    Bert’s Answer

    See:
    https://pap.georgia.gov/
    and bottom left of page: http://www.lawyeratlanta.com/duidre.html

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  • Vop. &Sale of meth. Ci banished 2 mths prior unrelated charges. how does that work? Charges gonna stick?

    Vop absconding.. sales ci banished 2 mths prior unrelated charges. How does that work?

    Bert’s Answer

    More often than not the case can be proven without a CI. Even if banished, the State can get a judge to order the CI's return. Otherwise there are not near enough facts presented here for anyone to give an intelligent answer. The charged person really needs to consult with a lawyer or get an appointed lawyer if can't afford one.

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  • Where are the rsat places located in georgia and how can u find out where they are being shipped

    court ordered rsat by drug court

    Bert’s Answer

    Bainbridge is the other RSAT location. You will not know in advance when and to where this person is going.

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