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David Robert Cohn

David Cohn’s Answers

9 total

  • CAN YOU STILL APPEAL A CASE AFTER 5 YEARS

    17 YEAR OLD CONVICTED OF MURDER IN 2009,DIDNT GET A ACCURATE TRIAL & NOW IS SERVING 35YEARS

    David’s Answer

    There is a time limit to filing an appeal. For example, in California, a defendant has 60 days to file a Notice of Appeal and if that is not done then the right to appeal is waived. In your case, the time to appeal has very likely passed. However, you should contact an appellate attorney who handles homicide appeals because there are potentially other avenues that you may seek such as a Writ. Appeals and Writs are generally very expensive. You may want to contact the attorney or public defender's office who handles the underlying case.

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  • In a federal trial, would a jury summons include the case information? Also, would there be a gap in time between jury selection

    I'm researching for a story

    David’s Answer

    No, not necessarily. In the Federal system, a Jury Summons can include more information that a State or County Jury Summons, but will usually try to keep that information discreet to ensure an unbiased and impartial jury pool.

    Not sure what mean by a "would there be a gap in time between jury selection" but i am assuming you are asking if there is a time gap in between the day a prospective juror is summoned to court and the day that jury selection begins. Generally, there is a gap of a day or two for one of several reasons.

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  • Arrested for DUI, consequences?

    I was arrested for DUI (first time). My BAC was quite high(.16) so im thinking of just pleading guilty and not getting a lawyer, unless of course they are somehow able to lower the fines. What are the typical fines i'll face? can I be senten...

    David’s Answer

    Whether you retain an attorney or not to defend in this matter depends upon what your goal is.

    If your goal is to simply accept whatever punishment is given to you, have a DUI on your record for years to come and most likely have your driving privilege suspended, then dont hire an attorney and save the money and put it toward the fine with the understanding that you can have your punishment enhanced (which includes jail, fines, fees, and length/cost of alcohol programs) pursuant to Vehicle Code section 23578 due to your BAC being higher than 0.15%.

    However, if your goal is to have a attorney review all of the evidence and make every effort to beat the charge or get it reduced to a lesser charge or at the very least ensure that you will get the least possible consequences (no jail, minimum fines, shortest alcohol program, and keep your driving privilege intact), then you should spend the money to retain a qualified criminal defense attorney.

    The fines/fees/penalty assessments can range from around $1400 to $6000.

    The jail time can from 0 days county jail to 6 months county jail, assuming you have no prior DUI's.

    Regarding deportation, while there is always a risk of deportation with most crimes committed by a non-citizen, it is very unlikely that this DUI will get you deported without more aggravating factors.

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  • What is the penal code for a DUI with a BAC of .2 ?

    I am trying to do an expungement from 2006 DUI misdemeanor of .2 BAC and don't know the violation of section or the code, basically I don't know the answer to question 1 except for the date.

    David’s Answer

    • Selected as best answer

    First of all, assuming your DUI is from California and you were over 21 yrs old at the time, the code section that you violated or pled guilty to in 2006 is from the Vehicle Code, not the Penal Code. It was likely Vehicle Code section 23152(a) [driving under the influence of alcohol or drugs or any combination thereof] or 23152(b) [driving with a BAC of .08% or more]. If there was accident and someone was injured, then it could have been VC23153(a)/(b). An expungement falls with the purview of Penal Code section 1203.4. There would have possibly been a punsishment enhancement pursuant to VC23578 for having a BAC above .15% and pursuant to VC23538 for having a BAC of .20%.

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  • I have a bench warrant from 1986 on a misdemeanor, Ilive out of state need to know best course of action to resolve this.

    offense in delaware county pa and I live in kansas city,mo

    David’s Answer

    Please be advised that I am a criminal defense attorney in the State of California.

    Your best course of action is to contact a criminal defense attorney in the County of Delaware, Pennsylvania. You can find one by using the internet or contacting an attorney referral service in that county.

    You can hire that attorney for a nominal fee to research the case on-line and at the court to find out what the status of the case is.

    You can then hire that attorney if need be to fight your case.

    There is a very good chance that the case has been destroyed and/or that the evidence from 1986 is now nonexistent such that you will not have to go to court.

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  • How do I write a motion for discovery?

    I've been charged with "receiving stolen property" after the police took some of my property. I am confident that I can prove that it is not the property that the police claim was reported stolen, but I need to get photos of my property which the...

    David’s Answer

    Please be advised that I am criminal defense attorney in the State of California.

    There are laws in your state that provide for reciprocal discovery between the prosecuting agency and the defense/defendant. You must first research the applicable state statute that applies and reference it.

    You must then file an Informal Discovery Request with the prosecuting agency's office. The language of the request would be similar to the following:

    TO THE ORANGE COUNTY DISTRICT ATTORNEY AND HIS/HER REPRESENTATIVE:
    In accordance with the provisions of Penal Code sections _____ et seq., the defendant requests disclosure and production of the materials and information listed below, within fifteen days of the date of delivery of this request.
    Please make available to the defense attorney or his agent, for examination, inspection, and copying, the following items, which are in the actual or constructive possession of the District Attorney of Orange County or his deputies, investigators, employees or agents.
    Defendant asks that this request be treated as a continuing request through the completion of trial:
    All statements or utterances by the defendant, oral or written however recorded or preserved, whether or not signed or acknowledged by the defendant
    Names, addresses and phone numbers of all witnesses who may be called to testify against the defendant at trial.
    All written or recorded statements of said testifying witnesses relating to the case against the defendant.
    The names and addresses of all persons who were percipient witnesses to the offense, including those who may have personal knowledge of any facts relevant to the case favorable to the defense, including all written or recorded statements.
    All physical evidence obtained in the investigation of the case against the defendant.
    All photographs, motion pictures or videotapes taken of the defendant at or near the time of his arrest in this case.
    Any record of criminal arrests or convictions of the defendant.
    All records of any felony or misdemeanor convictions and any of his information relevant to impeachment of any witnesses to be called to testify against the defendant.
    All notes, reports or supplemental reports or notes of police officers and investigators concerning the offense charged including any Probation Department provided roster used to determine whether a probationer is subject to a probation search clause or any other type of roster used to determine whether anyone involved in the arrest was on probation and subject to a search clause.
    Any evidence in the form of information, documents and on his materials favorable to the defendant in the possession of the District Attorney, or of any police department involved in the investigation of the case against the defendant, or of any agency or person and available to the prosecution through the exercise of due diligence.
    Examination of all photographs, video tapes, motion pictures, composites or likenesses shown to witnesses and prospective witnesses in this case for the purpose of establishing the identity of suspects in the crime charged against the defendant, and all reports concerning the display of such.
    All police reports of offenses for a period beginning 10 days before, and ending 10 days after, the alleged offense date in this case and the names, addresses and phone numbers of alleged offenders there in, and any witnesses there in, if not included in those reports, in cases which the arresting officer in this case participated in the arrest of a person subject to a probation search clause.
    The name and mailing addresses of any employer for which the arresting officer may have worked as peace or law enforcement officer during the five-year period immediately preceding the date of the arrest of the defendant.
    An unedited copy of all dispatch tapes of the police department(s) that was involved in this case, for the time period from 1/2 hour before any event mentioned in the report.

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  • Can an accused felon who has been charged with three felony counts leave the country ?

    Accused has been charge with 1 count of assualt with a deadly weapon, 1 count of possesssion of a knife during the commission of a felony and 1 count of aggravated stalking legally leave the country to go on a cruise?

    David’s Answer

    Please be advised that I am a criminal defense attorney in the State of California.

    Generally, the answer is NO an accused felon cannot leave the country while the case is pending because the judge has likely restricted the defendant's travel as condition of bail and/or the bailbondsman has restricted the defendant's travel as part of the their contractual agreement.

    However, a defendant can request that a judge allow specific travel and judges will occasionally allow it depending upon the circumstances.

    It is definitely worth shot, especially if the defendant has prepaid vacation plans that can be shown to the judge.

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  • Can i do something to ask the judge who sentanced me to waive my fines. like a hardship waiver

    i was sentanced to 18 month probate and 2900 in fines for my first offense larceny. i am living in a homeless shelter and just lost my only source of income with a new baby

    David’s Answer

    Please be advised that I am a criminal defense attorney in the State of California.

    However, in general, a judge can modify the terms and conditions of probation at any time while you are on probation.

    A judge also has the authority to convert fines and fees to other alternatives such as community service if a defendant is unable to pay.

    Moreover, where the fines and fees are statutorily mandated and cannot be converted, the judge can waive the fees based upon a defendant's inability to pay.

    You should contact the attorney who represented you in court or simply appear in court to ask the judge for a modification, conversion and/or waiver.

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  • Can you file rape charges if you are in another country?

    My cousin visited me in the USA for a month. Just found out she was raped by another relative during her stay. She is now back is her country and wants to file charges. Is it possible?

    David’s Answer

    Yes, it is possible to file criminal charges here in the U.S. even though the victim of the crime may live or reside outside the U.S.

    Where a charge is filed depends primarily upon where the criminal act/conduct took place.

    In this instance, the prosecuting agency for the county where the crime occurred will review and investigate the allegations and make a final determination as to whether a charge is filed.

    You and/or cousin should contact the police agency withing the city/county where the crime took place.

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