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Bert W. Cohen
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Bert Cohen’s Answers

323 total


  • Should I respond to a Civil Demand letter from the Michael Asen Law firm?

    There was an incident at my former place of employment and it ended with me signing a paper stating that I will repay the amount no cops were involved at the time of the incident. Last week, i received a letter from the law firm. I read on severa...

    Bert’s Answer

    You said "repay". This could infer that you may have stolen money. Or it could just be a civil matter. No amount of forums or Avvo answers are going adequately address your problem. There are too many variables. You need to talk to or possibly hire a lawyer to handle this. Most criminal lawyers with experience have handled this situation before. A lawyer can possibly negotiate with the employer's lawyer and get better information than you as to whether a criminal case can be brought against you whether you pay restitution or not.

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  • My misd. probation expired. still have cs. and court cost to pay.can i request something from po saying that prob is expired.

    prob. officer told me that he was gonna let my probation expire. it was up to me if i finished 42 hrs of cs and payed unpayed court cost. he did not take out a warrant prior to it expiring. so i have been told once it expires there is nothing he n...

    Bert’s Answer

    I suggest calling or meeting wit the probation officer and asking the probation officer to write a letter stating that your probation has expired. If the answer you get is no, you then must decide whether it is worth the effort to raise this issue with the very same judge who's sentence you violated.

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  • How many years/months have to pass before i can't get in trouble for having marihuana?

    I haven't gotten caught yet but I was just wondering how much more time needs to pass before I will get in trouble. So far, it's been around 4-5 months.

    Bert’s Answer

    Assuming you are still in the Athens area, or anywhere else in Georgia, I predict ten years or more before you "can't get in trouble" for recreational marijuana possession. However, medical marijuana was legalized this year for certain medical problems. So, if you have one of the designated illnesses, a valid prescription, and buy from a legal seller, then you can't get in trouble.

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  • I got a vehicle from a used car lot and had a diagnostic ran on it it pulled up mismatched id num. it may be stolen what do i do

    i paid 500 down and im currently paying 50 a week but im afraid i bought a stolen vehicle how do i go about sueing

    Bert’s Answer

    You may be the victim of fraud and if you do not call the police you could be setting yourself up to be arrested for theft by receiving. I suggest that you retain a lawyer and that you definitely and quickly report this to the police. Now that you reasonably believe that the car (or its parts) may be stolen, keeping the vehicle could result in you being charged with theft by receiving.

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  • New a sentence reduction

    My stepfatherI got into an altercation to where a grandfather clock got broken. He then hit me in my side of my head and grabbed me around the throat then I told him I was going to kill him. We started to scuffle then the grandfather clock was kno...

    Bert’s Answer

    Your lawyer has more information available to adviseyou than anyone else. We outsiders really shouldn't second guess your lawyer based only on what you say over the internet. If you are unhappy with your appointed lawyer's advice do your best to get some money together so that you can hire a lawyer whose opinin you respect. Good luck.

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  • Will I qualify for pretrial diversion though I reside ouside of state I was charged in?

    I was arrested in Acworth, GA for poss. of marijuana less than 1oz while on vacation. I am a resident of Alabama. I was previously incarcerated for DWLSR in 2011. Can community service and/or probation be done out of state?

    Bert’s Answer

    It usually depends on which court your case is in. Your case is probably going to Acworth City Court or State Court of Cobb County. Both prefer you be local but both will likely allow you into diversion if you properly apply and are ready to meet all conditions. I recommend you talk to a lawyer familiar with those courts.

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  • How common is it that an aggravated stalking charge in both civil and criminal court is considered double jeopardy?

    Civil ruling is violation of a protective order for aggravated stalking (calls to victim and personal visit to victim's best friend). Criminal charge is for felony aggravated stalking (in addition to calls to victim and personal visit to victim's ...

    Bert’s Answer

    If you get charged in a seperate criminal proceeding for the incidenb it is not double jeopardy but a new separate crime. This commonly happens.

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  • Can I flight out of state while on probation?

    On Feb-12 I went to Dekalb court, the prosecutors dismissed the DUI charges although I have to do probation Until all conditions are met, community service, dui school and MADD panel. I plead guilty to reckeless driving and speeding. My question i...

    Bert’s Answer

    You need to ask permission. It should be granted.

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  • Where can I go to view my record? does SC-6.3 mean that the final was MISDEMEANOR and not condition discharge or 1st offender?

    In 2014 of june 9th I was called to trial for a case that happened in 2012. IT was for FELONY charge weapons on school property. At trial, the judge reduced the sentence to a Guilty MISDEMEANOR disorderly conduct and the case was "suspended-CLOSED...

    Bert’s Answer

    • Selected as best answer

    It is not conditional discharge and not first offender. It is not a violation of the Georgia Code. It may be an ordinance violation of whatever jurisdiction you appeared in. Ordinances are not considered to be nearly as serious as other crimes. You were found guilty and the sentence was suspended, meaning no sentence at all. Most non trafffc ordinances have a maximum punishment of up to six months. Therefore if you were found guilty of a local ordinance violation the suspended sentence should only be six months or less. Judges sometimes confuse local ordinance punishments with violation of Georgia code misdemeanors. So this could be a mere error on the part of the court. Sometimes court clerks report dispositions to a criminal record. Sometimes they don't. If you were arrested on the original charge, as opposed to simple citation (very unlikely if it was originally a felony) that increases the possibility that this went on your criminal record. The fact that all these circumstances exist and that nothing was adequately explained to you and that you apparently did not have a lawyer tells me that it is likely completed as an ordinance violation and that court procedures were pretty sloppy- which is often the case in city courts. You may want to go back to a court session and ask the judge for further information. Depending on the city, judges are part time, in private practice and often pretty approachable. Or go to a local police department and ask that they provide a copy of your criminal record. Consulting with a local lawyer would also be a great idea for you.

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  • Is the accuracy of a police report in a criminal case important?

    I was present and a victim/witness to a crime against peace officer. I willingly gave a statement to the police. I asked to receive a copy of the police reports. There are several things that are not accurate to what I told the detectives. The rep...

    Bert’s Answer

    Yes accuracy is very important. Nobody wants an innocent person to be convicted! You should get this error corrected. Because this error may be intentional and self serving on the part of the police, I suggest you at least consult with a local lawyer before trying to correct the report.

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