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Mark C Cogan
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Mark Cogan’s Answers

607 total


  • 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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  • My husband has been charged with Assault 4, Domestic Violence and I want to help the defense to get the charges dropped.

    I would like the charges dropped or would at least like to have the no-contact order lifted. I am preparing a statement and writing a letter as well. What kind of information would be helpful to include? In my statement in court I plan on telling ...

    Mark’s Answer

    Prosecutors tend to be very dismissive of victims of domestic violence who wish to drop the charges or reunite with the alleged wrongdoer.

    If you wish to help your husband, you should consult an attorney.

    You may also wish to contact your husband's attorney, but keep in mind that your husband's attorney is not allowed to give you advice.

    Anything you try to do without legal representation may prove ineffectual, or may have exactly the opposite result from what you are seeking.

    Equally of concern, you may face legal consequences yourself. If you have children, you may have to deal with DHS, which does not take kindly to parents who seek to help their accused partner.

    Finally, you should not post anything further online. What you post in regard to this situation could be read by the prosecutor, the police, and others who do not have your interest nor your husband's interests at heart.

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  • Please help me with getting my record expunged . My hearing is in 2 days. Any advice would mean so much to me.

    I got convicted of a felony class C drug related offense about four years ago. I filed to expunge and received a court date. A few weeks later I got a letter saying I don't qualify until 2020, total of 10 years because I have a second conviction f...

    Mark’s Answer

    Oregon's expungement law requires that, in order to qualify for getting a conviction set aside, the person must not have a other conviction for any other offense, other than traffic infractions, within 10 years prior to filing the expungement motion.

    Despite this, we have succeeded in persuading some judges to grant expungement motions even where the client has had a conviction for some other minor offense. It is not easy to get an expungement motion granted in a situation like this, but it is not impossible.

    You should contact a criminal defense attorney immediately. There might be something that can be done to save your expungement motion.

    Many criminal defense attorneys offer free and confidential consultations to potential clients.

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  • Getting a class A misdemeanor off the record?

    My boyfriend got arrested for public indecency for trying to give me oral in a strip club parking lot. It's listed as a class A in Oregon and I was wondering if something like that can be expunged? I'm doubtful but it's worth asking. I would also ...

    Mark’s Answer

    Oregon's expungement law is codified in ORS137.225. Many felonies and misdemeanors qualify for expungement.

    If this was his first conviction for any sex crime, and the conviction was more than three years ago, and he fully satisfied all requirements of his sentence, and he has not been convicted of anything else other than traffic infractions within the past 10 years, and he is not facing any charges at the present time, he qualifies for getting this conviction removed from his record.

    I would suggest he contact a criminal defense attorney. Many defense attorneys offer a free and confidential initial consultation.

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  • How long after a felony conviction before you can get them exspunged

    Would like to clear my record

    Mark’s Answer

    • Selected as best answer

    Oregon's expungement law is codified in ORS 137.225. A felony conviction can be expunged in as little as three years from the date of conviction. In order to qualify for expungement, the person must meet the following requirements:

    1. The crime must qualify for expungement.

    2. The person must have fully satisfied all conditions of the sentence.

    3. No other convictions (other than traffic violations) in the 10 years prior to filing for expungement.

    4. No pending criminal charges.

    Contact a criminal defense attorney for further information. Many attorneys offer a free and confidential consultation to prospective clients.

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