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Mark C Cogan
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Mark Cogan’s Answers

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  • Should my husband waive his extradition hearing? How do I find out the date his warrant was issued?

    My husband was arrested in Eugene Oregon a few weeks ago. He is being held on a no bond hold from Idaho because he obsconded from his parole there. He also has new felony charges in oregon. Poss. Of meth, DUI, fleeing out of state parole, assault ...

    Mark’s Answer

    In many cases, it makes sense to waive extradition. The reason is that, until the person is extradited to the state that is seeking extradition, the person will not get credit for any of the jail time being served in the state where he is being detained. In other cases, it makes sense to oppose extradition, and seek an opportunity for the person to return to the other state voluntarily. It is not usually possible to post bond for a parole violation, however. Generally speaking, the person must resolve his pending charges in the state where he is being detained before he will be extradited. Attorneys can be helpful in situations like this. Most likely, he will need legal representation in both states. If you want specific information about the pending warrant in Idaho, you should ask the authorities in that State. An attorney may be able to assist in prying information loose from the authorities.

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  • I have a citation for Theft II 5.294 in Oregon. This is my first offense in Oregon. What would likely be my punishment?

    This is my first offense in Oregon. I have a prior petty theft in California. Will Oregon find the California conviction? Is there an alternative punishment that I could receive instead of being placed on probation?

    Mark’s Answer

    The outcome in your case will depend on a number of factors. These include the following:

    1. Which county is going to consider your case,

    2. The strength of the evidence against you,

    3. Whether you made any incriminating statements,

    4. The details concerning the property which you allegedly stole, and the circumstances in which you were apprehended,

    5. Any violations of your Constitutional rights which could be rectified in a Motion to Suppress Evidence,

    6. Whether the alleged victim is amenable to a Civil Compromise,

    7. Whether the court and/or DA's office has a Diversion Program you might be able to enter to resolve your case,

    8. Whether you have any factual or legal defenses to the charge, and

    9 the skill of your lawyer.

    I urge you to consult a criminal defense attorney immediately. The consequences of any criminal charge can be very severe. You should not discuss this with anyone other than your legal counsel. And you should not post anything further about your matter online.

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  • Deportation after getting out of prison for a felony?

    My brother has been a us resident for 35 yes clean récord and he was just convicted of a felony and given a 10 year sentence. He's residency expires in 5 years my question is will he deported after his sentence or before?

    Mark’s Answer

    Usual practice is that a prisoner will serve out his sentence in this country before deportation. However, there are exceptions. The United States has treaties with other countries that allow a prisoner to be repatriated to his home country to serve his prison sentence there. Two of our clients have opted for this. The procss of repatriation requires cooperation between the United States and the person's home country. A lawyer can help move this process forward.

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  • What will happen to my husbund he was charged with a dcs and a pcs meth and he don't have a criminal history he plead not guilty

    He has no prior record

    Mark’s Answer

    It is not possible for an attorney to answer your question without complete information about the facts and circumstances of the matter. Results in criminal cases depend on the precise situation. Outcomes can vary widely depending on the details. Your husband needs to consult privately with a criminal defense attorney in order to explore his options. You should not post anything about his case online, because anything you post can be read by the police, the prosecutor, and others who do not have your husband's best interests at heart.

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  • What will happen to my family member?

    One of my family members was arrested for manufacturing MDMA, delivery of MDMA and possession of MDMA. 2 class A felonies and one B. After two hours in jail he was released with no bail. Like they just let him go. And this is his first offense. Wh...

    Mark’s Answer

    Outcomes in criminal cases vary widely according to the circumstances. In order to evaluate a case like this, we would need much more information. We would need to know where your family member is being charged, what kind of evidence the authorities have against him, and what possible defenses he might have. Your family member needs to consult with an experienced criminal defense attorney immediately. He should not discuss his case with anybody other than his defense counsel. Nor should he post anything online about his legal situation.

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  • Will i be arrested at the airport?

    I have a felony arrest warrant for theft from 11+ years ago in marion county oregon I moved to Texas around that time due to drug use and trouble I was getting into. Having stayed I would be dead or in prison. Since leaving I have done a complete ...

    Mark’s Answer

    • Selected as best answer

    Anyone who has a warrant is at risk of being arrested at any time. We have a client who was arrested at the airport upon arrival in Portland because he had an active warrant. Another client was arrested because of a warrant when he was pulled over for a traffic violation. Yet another client arrested because the police came to investigate a burglary where the client was the victim. So it is entirely possible that you could be arrested when you arrive at the Portland airport.

    Although you cannot control when and where the police will arrest you, you can make some good choices about how to handle the situation, which will put you in the best position possible. I recommend that you contact a defense attorney immediately for a confidential consultation. You should not post anything else about your situation online.

    You need to be aware that any statements you make to the police will be used against you. So the only thing you should say to the police when they speak with you is that you will not talk without your attorney present. If you are not arrested upon your arrival at the Portland airport, you should turn yourself in and clear up your bench warrant as soon as possible. By coming in voluntarily, you will show that you are not a flight risk and you intend to handle this responsibly. As a result, your chance of being released pending the outcome of your case will be significantly improved.

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  • Does probation start after i finish jail sentence

    boyfriend was arrested for possession. went to court and on sentencing day the judge allowed him to his affairs in order and set up another court date was going to do 4 months in jail and 1 yr probation.. he never went back to court. he moved out ...

    Mark’s Answer

    Probation begins on the day of sentence. Therefore, if the person was not sentenced, he cannot be on probation for that crime. If the person was sentenced to probation, the probationary sentence would begin at the time sentence is imposed by the court.

    Generally, when a person fails to perform the requirements of probation, a violation is issued. When a person is in violation status, the probation will not expire until the person clears up the violation. The exact circumstances will depend on a number of factors, and can vary widely from one jurisdiction to another.

    If a person is on probation supervision at the time of committing a Federal crime, the Federal Sentencing Guidelines call for 2 criminal history points to be assigned. Your boyfriend's attorney will want to look closely at the situation to ascertain whether your boyfriend was on probation supervision in order to determine whether the 2 points should be assigned.

    The Federal Sentencing Guidelines are advisory, not mandatory. Although the Sentencing Guidelines do have influence over the sentence a person will receive in Federal Court, there are many additional factors that often go into such determinations.

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  • What to do if I was charged with assault 4 when all I did was defend myself?

    I was visiting my friends in Corvallis and while I was at my friends house, a drunk college student was causing trouble to my friends that were simply trying to get him to get out of his home. The belligerent drunk person started to throw punches ...

    Mark’s Answer

    What you should do is contact a criminal defense attorney immediately. Any time a person is facing a criminal charge, there are potential consequences. These consequences include getting a criminal record, having to serve jail time, and financial penalties. You will not get legal counsel from the Internet. Even worse, anything you post online can be read by the police, the prosecutor, and others who do not have your best interests at heart. Be smart and contact a criminal defense attorney immediately. Many defense attorneys offer free and confidential consultations to potential clients.

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  • I'm trying to find out if there is any way to expunge a record with 2 misdemeanors before the 10 year mark?

    I was really stupid and young (alone and scared) when I got into some legal trouble. I didn't know what to do or even know how to fight for my self. I ended up with 2 misdemeanors (one when I didn't even do anything) for theft. 7 years later I am ...

    Mark’s Answer

    My colleagues are correct. Oregon's expungement law is contained in ORS 137.225. The statute clearly states that, when a person wishes to set aside a conviction, the person must not have any other conviction (for anything other than a traffic infraction), in the 10 years prior to filing the motion. There are no exceptions.

    Oregon's expungement law has been amended many times. It seems that every session, our legislature makes changes in some way or another. Some amendments have made the expungement law more widely available, and some amendments have made the standards more difficult to satisfy. If you are not happy with Oregon's expungement law as it stands now, I suggest you contact your Elected officials. Legislators always welcome hearing from constituents on how the laws can be improved.

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  • What do I do in this case?

    A Detective asks me to come in and tell my side of a story involving a girl I was sleeping with 3+ months ago. The girl recently accused me, falsely, of abusing her one night that I do not even remember anything from other than passing out at her ...

    Mark’s Answer

    Mr Kahn is correct. The only thing you should say to the police is: I WILL NOT DISCUSS THIS WITHOUT MY ATTORNEY PRESENT.

    You should not allow the police to search your person, your phone, your computer, your vehicle, or your home in absence of a search warrant signed by a judge.

    Do not allow the police to manipulate you. The detective will probably try to trick you into making a statement of some kind. Doing so would be an enormous blunder on your part. Police routinely lie to suspects in order to get them to make a statement. Don't fall for it.

    If the detective were really trying to help you, he would tell you to remain silent and get the best attorney you can find. By the way, that is EXACTLY what the police do when they are under investigation. The reason is that the police know that the legal syystem is not fair to anyone who does otherwise.

    Contact a criminal defense attorney immediately. Many defense attorneys offer free and confidential consultations to potential clients. And do not post anything further about this situation online. Do not have any further contact with the person who is accusing you, in any shape or form.

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