Mark C Cogan’s Answers

Mark C Cogan

Portland Criminal Defense Attorney.

Contributor Level 15
  1. I'm in a diversion program can I go to a club and not drink,? my girlfriend wants me to just go with her for safety reasons.

    Answered 5 months ago.

    1. Emily M. Oberdorfer
    2. Marc W Gunn
    3. Mark C Cogan
    4. Peter R Tovey
    5. Anthony Bettencourt Cameron
    5 lawyer answers

    In addition to the requirements of the diversion agreement, any person who is in the DUII diversion program is also required to comply with all rules of his or her treatment provider. Therefore, not only do you have to make sure that you are not violating the specific rules of the court, you also need to make sure you are in compliance with all rules imposed by your treatment program. Violation of the requirements of diversion can have very severe consequences. A person disqualified...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I just received my first DUI. Will i be able to qualify for diversion even if I had some type of diversion Approx 9 years ago?

    Answered over 1 year ago.

    1. Mark C Cogan
    2. Nicholas A. Wood
    3. Justin N Rosas
    4. Sunil K Raju
    5. Jasen Bodie Nielsen
    5 lawyer answers

    Oregon law provides that a person will be disqualified from participating in the DUII Diversion Program if the person was convicted of a DUII or participated in a DUII Diversion Program (or a similar program) within the 15 years prior to the current DUII arrest. Therefore, whether you qualify will depend on the type of Diversion you had previously. Our office helps clients with DUII charges all the time. DUII charges can carry very severe consequences. You owe it to yourself to consult...

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  3. Do I need a lawyer for a Theft 2?

    Answered over 2 years ago.

    1. Mark C Cogan
    2. Jeremiah Vail Ross
    3. Benjamin J Lieberman
    3 lawyer answers

    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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  4. What to do when falsely accused of child abuse?

    Answered 3 months ago.

    1. Mark C Cogan
    2. Jay Bodzin
    3. Jonathan Tyler Adkins
    3 lawyer answers

    Any person being accused of a crime should contact a criminal defense attorney immediately. Many defense attorneys offer a free and confidential consultation potential clients. You absolutely must not post anything further online about your situation. What you post on a public Internet site such as this can be read by the police, social workers, prosecutors, and others who do not have your best interest at heart.

    5 lawyers agreed with this answer

  5. Will this go on my permanent record (i'm a minor)

    Answered 3 months ago.

    1. Mark C Cogan
    2. Karen J Mockrin
    3. William W Housley
    3 lawyer answers

    If I am not mistaken, you have already posted several questions about your matter online. Doing do is not in your interest. For your sake, I hope you stop posting things online about your matter. The best thing you can do is to contact a criminal defense attorney. Many criminal defense attorneys offer free and confidential consultations to potential clients. The short answer to your question is that, in Oregon, there are ways to keep things off a person's record. The only way to...

    5 lawyers agreed with this answer

  6. Re: shoplifting...Does a judge take into account 'intent'? While grocery shopping at Winco , I ate something...& was arrested.

    Answered 3 months ago.

    1. Karen J Mockrin
    2. Mark C Cogan
    2 lawyer answers

    In order to convict you of theft, the prosecutor has to prove that you intended to steal the item from the store. You have the right to take your case to trial and require the prosecutor to prove the charge beyond a reasonable doubt. You are presumed innocent, but anything you say can used as evidence against you. Any person who is charged with a crime is facing some very serious consequences. If you are convicted of theft, it will be very difficult for you to get a job or a decent...

    5 lawyers agreed with this answer

  7. Can I get an introduction of contraband drug felony reduced to a misdemeanor?

    Answered 5 months ago.

    1. Mark C Cogan
    2. Peter R Tovey
    3. Joshua Pond
    3 lawyer answers

    It is possible to get a class C felony reduced to a misdemeanor. Generally speaking, a motion would be filed with the court at the time the person completes probation. The motion would present all mitigating circumstances concerning the facts of the case, as well as the person's history and background. If you wish to explore this possibility, you should contact a criminal defense attorney and seek a confidential consultation. You should not post anything else about your matter on the Internet,...

    5 lawyers agreed with this answer

  8. 3 years ago I had a theft 3 charge dismissed. 6 months ago I had a conviction for Criminal Mischief 2. Can I expunge my theft 3?

    Answered 7 months ago.

    1. Mark C Cogan
    2. Karen J Mockrin
    2 lawyer answers

    Oregon's expungement law prohibits you from expunging anything where you have been convicted of another offense other than a traffic violation within the 10 year period prior to filing your expungement motion. So, unfortunately, the answer to your question is no, you have to wait until the 10th anniversary of your conviction for criminal mischief before you can expunge anything other than that. Once your expungement motion is granted, all official records of the case, including arrest records,...

    5 lawyers agreed with this answer

  9. I am the victim/witness in a DV case. My daughter & I received subpoenas for the Grand Jury. What if I don't appear @the hearing

    Answered about 1 year ago.

    1. Mark C Cogan
    2. Jay Bodzin
    3. Jeffrey S Siefman
    3 lawyer answers

    It is impossible to answer your question without further information. For example, you say that you and your daughter received grand jury subpoenas. What you do not say is how you received the subpoenas. Oregon law requires that a subpoena be served in person, in most cases. If you received subpoenas by mail, they may be unenforceable. Additionally, you and your daughter might have legal grounds to resist the subpoenas. The only way for you and your daughter to know whether you must obey the...

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  10. If my DUII case was dismissed in court after completion of diversion, do I still have to mark "convicted" on an employment form?

    Answered about 1 year ago.

    1. Mark C Cogan
    2. Andrew M Kohlmetz
    3. Dean George Tsourakis
    3 lawyer answers

    Under Oregon Law, if you successfully completed DUII Diversion and your case was dismissed, you have not been convicted of a crime. We defend clients facing criminal charges throughout the state of Oregon. Feel free to contact our office for a free and confidential consultation.

    5 lawyers agreed with this answer

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