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Mark C Cogan
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Mark Cogan’s Answers

646 total


  • Can i expunge ors.475.860 in oregon

    Hello, in the state of oregon can i have my felony expunged i have a delivery of marrijuana for consideration. They just passed senate bill 844 thought maybe my charge would fall in the category. Its been 6 years since i was convicted, i have comp...

    Mark’s Answer

    Delivery of marijuana for consideration qualified for expungement even before the latest amendments to Oregon's expungement law. In order to qualify, you must not have any other conviction (other than traffic violations or a single non-traffic violation) within the past 10 years, you must have fully complied with all the requirements of your sentence, and you must not be facing any other criminal charge at the present time.

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  • What is the best course of action legally?

    I am taking a sexual history disclosure class and took a polygraph they said I failed key questions, but I never lied and now I am scared and don't know what to do my probation officer is asking me to admit to crimes I did not commit or I will be ...

    Mark’s Answer

    You need to consult a lawyer privately. That being said, you need to realize that any confession to a crime that you make to your probation officer will be used as evidence against you. Polygraph results are not generally admissible as evidence in Oregon courts. One option for a defense attorney might be to refer you out for a confidential defense polygraph. Do not post any other information about your situation online.

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  • Can the entire case be dismissed based on they were never dispatched to my house for any reason?

    An off duty cop came to my house. I granted entrance to prove I was not being held against my will. They found a pipe behind a box in the kitchen. I asked them to leave my house. He threatened to arrest me and come back and toss the place and cha...

    Mark’s Answer

    Cases involving issues of illegal searches and seizures are very fact specific. It is not possible to fully analyze your situation based on the information presented. Complete analysis will require assessment as to why the police were in your home, whether there was valid consent to enter, whether an emergency situation existed, as well as other factors, all leading to a determination as to whether the police violated your Constitutional right to be free from unreasonable searches and seizures. Litigation of these cases frequently turns on what the police new and when they knew it.

    You need to discuss the situation fully with a criminal defense attorney. You will not receive sufficient guidance from the Internet. Be aware that anything you post of a public forum such as this can be read by the police and the prosecutor, to your detriment. Be smart. Engage the services of a criminal defense attorney. Your freedom and your future are at stake.

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  • Pulled over in Oregon with a suspended CA license, now cops will be looking out for me, can't drive please help me drive again

    Hi thank you so much for reading. I recently moved from CA to Oregon. In CA I haven't yet finished completing community service for very old speeding tickets, so apparently they suspended my license. Yesterday was pulled over and ticketed in ...

    Mark’s Answer

    You need to straighten out your problems with your suspension in California before you will be allowed to drive legally in Oregon. Once you remove your suspension, the authorities might be willing to reduce the penalties you are facing for your traffic violations in Cornelius. It might be beneficial to engage the services of an attorney who havdles traffic matters to resolve this situation.

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  • Under the criminal section. "Is it possible in the state of Oregon to get more than 20% good time and more

    See below

    Mark’s Answer

    Good criminal defense attorneys are often able to negotiate sentence reductions such as eligibility for alternative incarceration programs as part of the judgment and sentencing order. If those things are not authorized in the judgment, DOC will not be able to grant such opportunities.

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  • Is it possible to get charge reduced to a misdemeanor.

    stole a car out a driveway over 30 years ago. Never had any trouble again. Was charged with a "uumv". i was 18 or 19 years old.

    Mark’s Answer

    Oregon law has a procedure to erase certain Felony and Misdemeanor convictions. The procedure is commonly referred to as expungement, and is found in ORS 137.225. If you qualify, your conviction will be erased, and all official records of the matter will be sealed. This would be far better than reducing the conviction to a misdemeanor. Consult an attorney who handles criminal matters. We help clients with expungements all the time.

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  • How and what can he do to get help and what's going to happen

    I have a friend who's girlfriend is pregnant and she is 17 going to be 18 in 5 months and well my buddy is 22 and the cops have come to him with messages of the girl saying she pregnant and it's his baby they hadn't done anything for a long time f...

    Mark’s Answer

    The authorities prosecute people in situations like this very aggressively. Tell your friend the following:

    1. He should get a criminal defense lawyer immediately.

    2. He should not speak to the police, or anyone else, without his lawyer present.

    3. The only safe thing he can say to the police is he WILL NOT SPEAK WITHOUT HIS LAWYER PRESENT.

    4. He should not allow the authorities to search his phone, his computer, his car, or his home, without a valid search warrant signed by a judge.

    THIS IS A VERY SERIOUS SITUATION. YOUR FRIEND's ENTIRE FUTURE IS AT STAKE. HELP HIM GET TO AN ATTORNEY WHO IS SKILLED IN HANDLING THIS TYPE OF LEGAL MATTER.

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  • Are new moms and newborns tested for marijuana in multnomah county Oregon at the time of birth or at all

    State of Oregon. Multnomah county. 38 weeks pregnant and wondering about drug testing at time of delivery. I am a regular pot smoker and want to know if hospitals in Oregon test new mothers for thc. And if they do what are the legal reprocussions ...

    Mark’s Answer

    Medical personnel are mandatory reporters of child abuse under Oregon law. Be aware that what you discuss with the doctor might not be considered confidential. Best thing for you would be to discuss this with an attorney, under circumstances where your confidentiality will be protected. What you post on a public forum such as this is absolutely not confidential. You will not receive legal guidance to your situation on the Internet. You owe it to yourself to speak about this privately with an attorney.

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