Mark C Cogan's Answers

My son, who is 18, has been sexually engaged in a girl of 14. Her father made a report to the police.

Any person who is facing a potential criminal charge should absolutely NOT give a statement to the police concerning the underlying events. The police are not trying to help your son. There is no benefit to your son speaking with the officer. In fact, the police want to take a statement from your son because your son's statement will help them build their case. Your son needs to consult an attorney who defends clients facing serious criminal charges. We represent clients on such...

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Is bumping into a curb while parking reasonable suspicion to stop me for a d.u.i

Oregon law carries severe consequences for the crime of DUII. You owe it to yourself to consult with an attorney who handles these cases on a regular basis. In many cases, there are steps that need to be taken immediately in order to protect your rights. For example, most Oregon DUII cases involve a suspension of the driver's privilege to operate a motor vehicle pursuant to Oregon's Implied Consent Law. In order to challenge the proposed suspension, legal notice must be furnished to the...

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Do I need a lawyer for a Theft 2?

1. Any person facing a criminal charge absolutely needs a criminal defense attorney to get through the situation successfully. A criminal defense attorney will review the evidence and lay out the best strategy for handling your matter. You need someone on your side who understands the system, and who can analyze the situation objectively, and can prepare your defense or negotiate on your behalf. Only a criminal defense attorney can do these things for you. 2. You absolutely should NOT...

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17y/o dating an older man, Never had sex, illegal?

When people say that they have "not had sex", they might not be aware that Oregon law regulates many forms of conduct that might not commonly be viewed as "having sex". Specifically, Oregon law makes it a crime, under certain circumstances, for people to have "sexual contact", which is much broader than sexual intercourse. As a matter of Oregon law, "sexual contact" includes the touching of the sexual organs, or any other intimate part of the body, for the purpose of sexual arousal or sexual...

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Charged with possesion and unlwful delivery of heroin both class A felonies. I had no intentions of trying to be a heroin dealer

Don't post information about your case online. What you write can be read by the police, the prosecutors, and by the person you informed on. You should only confide in an attorney who has your best interests at stake. If you do not trust your attorney, find another attorney. You will not get beneficial advice from a public Internet forum such as this. We defend clients on serious drug charges all the time. If you are interested, please check out our website and give us a call.

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What are the consequences for retracting a witness statement?

1. Don't post anything further online about the matter. What you write can be read by the police, the prosecutor, private investigators, and others who may not have your best interests at heart. 2. Consult an attorney who practices in the location where this matter is pending. Only an attorney who is aware of the entire facts and circumstances will be able to advise you what you should do.

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Will my criminal record be accessible if i move to a different state?

Criminal history information is widely distributed by private background search databases. Moving to a different State will not make the information unavailable on a background check. Many States offer expungement of arrests and criminal convictions. You should consult an attorney in the State where you were convicted to explore whether expungement is an option.

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I was arrested for a duii in oregon, but i dont believe the sheriff had a right to stop me. what can i do?

Consult an attorney who handles DUII cases immediately. There is much that a good lawyer can do to assist in a situation like this. You need to be aware that there are actions which need to be taken immediately in order to protect your rights. For example, if you want to challenge the suspension of your driving privileges under Oregon's Implied Consent Law, you must file a written challenge to the proposed suspension within the first 10 days of your arrest. Do not expect to get answers to...

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How much is his sentence likely to be?

It is impossible for anyone to analyze such a question in the abstract. Contact a criminal defense attorney in your area and seek a consultation. The result in the case will depend on how much evidence there is concerning whether your significant other actually committed the crimes in question. You will not get an adequate answer from the Internet. What's more, seeking to discuss the case online could cause damage to your significant other's case. Keep in mind that everything you post...

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My husband has warrent issued in Mass, can he fly to FL for a vacation/wedding we are attending??

Your husband needs to place his case in the hands of a criminal defense attorney in the jurisdiction where the warrant was issued. He should not ignore the warrant. The police can execute the warrant whenever and wherever your husband is discovered. He might be on the way to a wedding, a family reunion, or an important business meeting, when the warrant is discovered. These days, we are subject to checks of our ID at any time. I had a client whose home was burglarized. He called the...

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