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Mark C Cogan
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Mark Cogan’s Answers

601 total


  • I have been accused of stealing a pair of jeans & hair cutting shears.

    I recently pet/house sat for someone, which I have done so for many times in the past. I was accused of stealing a pair of jeans & cutting shears from a daughter who is 21 and living back home. I have denied the accusation (as there is no proof a...

    Mark’s Answer

    In addition to the very appropriate advice given by my colleague, let me add one valuable piece of advice.

    Do not post anything else about this online. What you post on a public forum such as this can be read by the police, prosecutor, and others who do not have your best interests at heart.

    Frequently people express shock that what they post on social media can be used against them. They find out too late that what they post online will be used to their detriment and cannot be deleted.

    The only safe person you can speak to about this is a criminal defense attorney. Many defense attorneys offer free and confidential consultations to prospective clients. Be smart, call a lawyer today.

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  • How long can police hold you after bail was posted? And if so, what can I do about it?

    I was arrested for a misdemeanor A. A friend posted bail at 5pm. I wasnt released until 7pm. 2 hours of waiting, that's obscured. There were 4 police officers at the desk right in front of my cell. I even asked them after 30 mins of the bond being...

    Mark’s Answer

    On television and in movies, we are accustomed to seeing bail being posted and the prisoner walking out of jail minutes later.

    Reality is very different. It is not unusual to take many hours for a person to be released. Before the prisoner can be released, the jail staff checks, and rechecks, to make sure the person does not have any warrants from other jurisdictions. You can imagine the problems that arise when someone is released by mistake. The jail staff is motivated to make sure this doesn't happen.

    Especially for a person who has never been arrested before, waiting to be released can be nerve-wracking.

    The important thing is you are out of jail. Now get a good lawyer to make sure you stay out!

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  • Do i need an attorney for a court arraignment? Should I plead guilty to these charges? will i be drug tested at court?

    I am 15 and around march 20th or so I was caught w/ theft at a retail store. During the search I had less than 0.1 grams of marijuana. It was barely any, I also had an empty metal pipe. This was found in my bag along w/ stolen merchandise >100$. T...

    Mark’s Answer

    1. Consult an attorney. If you cannot afford an attorney, the court will appoint one for you. Many attorneys offer free and confidential consultations to potential clients.

    2. Stop posting information online about your case. What you post on the Internet on a public forum such as this can be read by the police, prosecutor, and others who do not have your best interests at heart.

    3. Be aware that the consequences for breaking the law generally get worse each time.

    4. The specifics of what will occur in your case depends on the underlying facts, the skill of your attorney, and your willingness to turn toward a better direction. You should discuss all this with your attorney.

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  • If I had a warant for 4 years and statue of limitations is 3 and the cop had my named speled wrong and knw he did can I get off?

    Facing assault 2 in oregon

    Mark’s Answer

    I agree with the answers that the other attorneys have posted in response to your question. One additional point I would make is that you absolutely should not post anything else about your matter online. What you post on the Internet can be read by the police, prosecutors, and others who do not have your best interests at heart. Be smart and consult an attorney immediately.

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  • I am being charged with theft in the 2nd degree. What is the sentencing that I could expect?

    The items stolen were 2 jackets, worth less than $1000

    Mark’s Answer

    In addition to the answer posted above, which I agree with completely, it may also be possible for an attorney to work out a civil compromise, which could lead to dismissal of your criminal charge. You should contact an attorney immediately. Do not post anything else about this matter online. What you post on a public forum such as this can be read by the police and prosecutors, and others who do not have your best interest at heart.

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  • My wife gave police my property in my absence. I want it back. What are all the ways of getting it back?

    They were computers and other electronic media. Are there any search and seizure defenses?

    Mark’s Answer

    You may be facing some very serious charges. Do not speak about this to anyone other than an attorney. Do not post anything else online concerning this matter. What you post on a public forum such as this can be read by the police, prosecutors, and others who do not have your best interests at heart. Be smart and contact an attorney immediately.

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  • What would be a reason to charge endanger welfare of minor before picking up the actual drug charge..

    No drug charge means no endangering charge.why didnt they charge at same time?

    Mark’s Answer

    There are many reasons why the district attorney might choose to prosecute one charge and elect not to prosecute a different charge.

    Analysis of the particulars of your case will be based on the actual facts and circumstances.

    It is very unwise for you to post information about your criminal case online. What you post can be used against you by the prosecutor, police, judge, and others who do not have your best interest at heart.

    You absolutely need to consult a criminal defense attorney. Only an attorney can analyze your case and advise you how to proceed. What you discuss with your attorney is confidential.

    Many attorneys offer free and confidential consultations to potential clients.

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  • Can a Judge expunge a serious felony, also giving gun rights back?

    I got in trouble 12 years ago. Now id like to look into getting it expunged

    Mark’s Answer

    Every felony is a serious crime. If the conviction is expunged, gun rights are restored.

    Whether you qualify for expungement depends on whether your crime is classified as a class A, B, or C felony under Oregon law. Certain felonies do not qualify for expungement. Those would be most sex crimes, and all driving offenses and Ballot Measure 11 crimes.

    You should contact a lawyer to find out whether you qualify for expungement, as well as seeking restoration of your right to possess a firearm.

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  • S a conviction for 4 class c felonies all for the same crime eligible for vacate of felony in Oregon?

    2 Identity theft and 2 tampering with drug records I a prescription forgery case. This occurred mar 2011, and case is closed and all terms satisfied, and no contact since.

    Mark’s Answer

    Oregon's expungement law makes it possible to erase convictions for many felonies and misdemeanors.

    The main obstacle you will face is that a 10 year waiting period applies whenever a person is convicted of multiple crimes.

    When you attain the 10th anniversary of your convictions, you should definitely proceed with expungement, provided that you otherwise qualify.

    Consult a criminal defense attorney for further information.

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  • A primary witness who is a store clerk and called the police on me is lying in the police reports and is the reason I am being

    I am being charged with 5 counts of felony thefts in Washington based on the witness testimony. The witness testified to the police that I was in there store "almost every other day in December and I came back in the month of January. They never c...

    Mark’s Answer

    Here is what you need to do:

    1. Stop posting information about your case online. Everything you post on a public forum like this can be read by the police, the store, the prosecutor, and the judge. These people do not have your best interest at heart.

    2. Get a criminal defense lawyer who practices in the state of Washington. Only a lawyer who is skilled in handling criminal matters has the tools to help you through this situation. What you discuss with your attorney is confidential. Do not discuss your case with anyone other than your attorney.

    3. Come up with a strategy to handle the case in close collaboration with your attorney. Follow your attorney's advice.

    4. If you cannot afford an attorney, the court will appoint one for you. You absolutely must not try to handle this case without legal representation. If you do, you will be at an extreme disadvantage. Remember that good attorneys are able to represent people who are guilty, people who are innocent, and everyone in between.

    5. Do not vary from the advice that appears above.

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