Bert W. Cohen’s Answers

Bert W. Cohen

Marietta DUI / DWI Attorney.

Contributor Level 12
  1. Can I get arrested at dmv

    Answered over 2 years ago.

    1. Bert W. Cohen
    2. Curtis Lamar Harrington Jr
    2 lawyer answers

    There is strong possibility that you can be arrested at the Department of Dirver Services when you apply for a reissued id. It depends on the type of probation you are on. If you are on felony probation, supervised by State of Georgia probation officers, more often than not your warrant would be entered on the NCIC/GCIC which is the computerized database that maintains criminal history records also known as FBI rap sheets. If you are on misdemeanor probation, it will depend on what y our local...

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  2. A friend was arrested in the state of Georgia he is still in jail now. He has a regular lawyer that he always uses however this

    Answered about 1 year ago.

    1. Allen Rust Knox
    2. Bert W. Cohen
    3. Frank Mascagni III
    4. Benjamin David Goldberg
    5. Noah Howard Pines
    6. ···
    7 lawyer answers

    You will need to hire a lawyer licensed in Georgia and you can keep your Florida lawyer as well.

    4 lawyers agreed with this answer

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  3. What is the maximum and minimum amount of time given to a probationer, who has violated probation with dirty urine?

    Answered over 1 year ago.

    1. Benjamin David Goldberg
    2. Bert W. Cohen
    3. Jesse Cole Kent
    4. J. Michael Bass
    4 lawyer answers

    Mr. Goldberg is correct. These may be considered "technical" violations usually punishable by imprisonment up to two years. However cocaine present in body also means possession of cocaine which may be considered proof of a new felony and arguably warranting revocation of the balance of probation. Drug screens are not scientifically valid tests becasuse they are not considered accurate enough for court. A lawyer who does this kind of work knows how to argue to the court that the screen can't...

    4 lawyers agreed with this answer

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  4. Private attorney got elected as da to take office in jan he has represented defendant on other case is currently represented

    Answered about 2 years ago.

    1. Bert W. Cohen
    2. Amanda Michelle Grantham
    3. Darrell Brinnett Reynolds Sr.
    4. Glen Edward Ashman
    4 lawyer answers

    A special prosecutor, probably an assistant DA from a nearby county, will be appointed and will prosecute all defendants in the entire case. No "chinese wall."

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What will happen to me?

    Answered about 1 year ago.

    1. Bert W. Cohen
    2. Benjamin David Goldberg
    3. Allen Rust Knox
    3 lawyer answers

    You really need to hire or at least consult with a lawyer to explore multiple issues with you. Such issues may include which court to pursue diversion (if its even available when you have another charge pending) and which court to pursue reducing to a lesser charge such as ordinance violation or even informal diversion. Also other variables that must be considered that are outside the realm of a free internet answer are possible unavailability of store witnesses who are often transient and gone...

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  6. Can we move to Atlanta Ga?

    Answered over 1 year ago.

    1. Bert W. Cohen
    2. Merlinus Goodman Monroe
    2 lawyer answers

    He will likely have to register in Georgia as a sex offender and be placed on the registry. Because portions of Atlanta can be densely populated, people on the sex offender registry in the Atlanta area sometimes have trouble finding a place sufficiently away from parks, pools, school bus stops, churches, etc. Their living options are limited: Read this: http://www.foxnews.com/story/0,2933,556300,00.html and this: http://www.nytimes.com/2013/03/10/us/building-tiny-parks-to-drive-sex-...

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  7. Do i have to stop for an unmarked car flashing headlights, possibly strobe lights but still just headlights?

    Answered about 2 years ago.

    1. Bert W. Cohen
    2. Allen Rust Knox
    2 lawyer answers

    Assuming you are talking about a traffic stop in Georgia (because that is where you are), Georgia police, by law, are not permitted to make traffic stops unless with a marked vehicle, with emergency lights, with contrasting lettering signifying police car, and the officer is in uniform. This is not a constitutional requirement so you can't claim a violation of your constitutional rights should the police violate this law. However, the police do attempt traffic stops with unmarked cars...

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  8. How can I get a probation bond?

    Answered 5 months ago.

    1. Benjamin David Goldberg
    2. Bert W. Cohen
    3. James Lawrence Yeargan Jr.
    4. J. Denise Carter
    4 lawyer answers

    Unlikely because he was also on parole. Parole can be revoked as well. as probation. If you have not done so, you should consult with a lawyer regarding the specifics of his case. He is in serious danger.

    4 lawyers agreed with this answer

  9. Do I have to take a drug test at the beginning of a diversion program?

    Answered 8 months ago.

    1. Bert W. Cohen
    2. James Lawrence Yeargan Jr.
    3. Charles Christopher Flinn
    4. Jorge Ledezma Flores
    4 lawyer answers

    It depends on the court. If it is drug /alcohol related diversion then assume theat you will. If say, shoplifting, maybe you won't.

    4 lawyers agreed with this answer

  10. I have a solicitation of sodomy from 1981 fulton co , ga. Is there a stature of limitions? Iam a disabled senior VietNam vet, li

    Answered 11 months ago.

    1. Bert W. Cohen
    2. Ian Zimmerman
    3. James Lawrence Yeargan Jr.
    3 lawyer answers

    There is no statute of limitations issue here because you already pled guilty or nolo. Honorable Griffin Bell being your customer probably won't help you here. There is no Georgia provision for applying for a pardon in a misdemeanor case. The period of time you could have applied to reverse your conviction through a habeas proceeding has long passed. However, I still suggest contacting a few lawyers to get some other ideas. Thank you for your service.

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