David Robert Cohn’s Answers

David Robert Cohn

Tustin Federal Crime Lawyer.

Contributor Level 7
  1. What is the penal code for a DUI with a BAC of .2 ?

    Answered over 3 years ago.

    1. David Robert Cohn
    2. Matthew Blake Wallin
    3. Robert Laurens Driessen
    4. Judith Michael Fouladi
    4 lawyer answers

    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...

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  2. How do I write a motion for discovery?

    Answered over 5 years ago.

    1. David Robert Cohn
    1 lawyer 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/...

    5 people marked this answer as helpful

  3. Arrested for DUI, consequences?

    Answered over 3 years ago.

    1. Jason Chase Beahm
    2. David Robert Cohn
    3. Robert Laurens Driessen
    4. Deborah C Anderson Esq
    4 lawyer answers

    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...

  4. Can you file rape charges if you are in another country?

    Answered over 5 years ago.

    1. David Robert Cohn
    2. Christopher Francis Morales
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. David Robert Cohn
    2. Joshua Sabert Lowther
    2 lawyer answers

    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...

    2 people marked this answer as helpful

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

    Answered over 5 years ago.

    1. David Robert Cohn
    1 lawyer 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....

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. David Robert Cohn
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. David Robert Cohn
    1 lawyer 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...

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