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Mark C Cogan
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Mark Cogan’s Answers

594 total


  • Expungement or sealed meant of Records

    1998 felony encouraging child abuse 2008 misdemeanor theft

    Mark’s Answer

    Expungement in Oregon is governed by ORS 137.225. The statute allows convictions for many misdemeanors and felonies to be set aside.

    You would qualify to set aside your conviction from 2008 if you have not been convicted of any other offense (other than traffic infractions) in the past 10 years, and you fully complied with your sentence, and you are not facing any other charges at the present time.

    Your earlier conviction would not qualify for expungement at the present time because of your 2008 conviction. The earliest you will qualify to expungeme your earlier matter will be 2018, if at all.

    You should consult a criminal defense attorney for specifics.

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  • Is there hope shoplifting 3rd degree

    My mother is being charged with shoplifting 3rd degree she had a problem like this 5 years ago and was scared of getting deported so she did not show up to court. Now she has a warrant for that and she had a second offense this month she was not a...

    Mark’s Answer

    Your mother needs an excellent criminal defense attorney. Theft convictions can expose a person to devastating immigration problems.

    There is much that a skilled attorney can do to minimize the danger that your mother faces.

    Your mother's attorney will need to evaluate whether there is a reasonable strategy of taking the charge all the way to trial. The attorney will need to evaluate all possible defenses that may be available. The attorney will need to gather all mitigating information that can be obtained in order to negotiate with the alleged victim and advocate for a potential civil compromise.

    You will not obtain the guidance you require from the Internet. Anything you post on an online public forum such as this can be accessed by law enforcement and others who may cause harm to your mother.

    Additionally, your mother needs to consult an immigration attorney to discuss ways to reduce her exposure to possible deportation.

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  • I was convicted of a UUMV it's my first and only felony, do I still have my gun rights?

    Hi, my name is Chelsey I was arrested on March 26, 2014 for a UUMV which Is a felony. I was completely destroyed when I found out that I lost my gun rights to hunt with my dad. I didn't hear this from the judge or my lawyer but everyone I talked t...

    Mark’s Answer

    it is possible to regain your right to possess a firearm. If you satisfy all requirements of probation, Oregon law allows you to set aside your conviction after a three year waiting period. This is commonly referred to as expungement. Speak to a criminal defense attorney about your options.

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  • I sold alcohol to a minor, should I get a lawyer?

    I work at a grocery store part time and i accidentally sold alcohol to an undercover guy today, he was 20. i received a citation and have court in a month. On the citation where it asks if its a crime or violation the officer checked "violation" a...

    Mark’s Answer

    Any person who is accused of a crime should get legal representation. The consequences of a criminal conviction can be wide and far-reaching. We receive calls from people all the time who express regret that they did not get good legal representation and now they want to undo the damage. You don't want to be that person. Many criminal defense attorneys offer free and confidential consultations. Do yourself a favor. Contact an attorney before it is too late. And do not post anything else about your case online. What you post online can be read by the police, prosecutor, Judge, and others who would do you harm.

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  • Can a Theft 1 be expunged off of my record, Its ten years old

    I put checks through my bank account that were not mine. My charges were theft 1/Forgery 1, one of the two was dropped and I want to get the other off my record.

    Mark’s Answer

    ORS 137.225 allows expungement of a conviction for most Oregon misdemeanors and class "c" felonies after a 3 year waiting period, provided that the following statements are true:

    1. You fully complied with all conditions of your sentence,

    2. You have no other convictions (other than traffic infractions) in the past 10 years,

    3. You are not facing any charges at the present time.

    For specifics, you should consult a criminal defense attorney.

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  • What's the average cost to get my gun rights back?

    My felony occurred in 1994 for possession of greater than one ounce of pot. I got 18 months probation. No problems since. The only blemish on my record.

    Mark’s Answer

    If you were convicted in Oregon, and fully satisfied all requirements of your sentence, and have not been in trouble with the law since, and are not facing any charges at the present time, your best course of action will be to seek expungement of your conviction in accordance with ORS 137.225. Once your conviction is set aside, you will regain your right to possess a firearm, provided that this is the only thing making you ineligible to possess a firearm.

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  • Getting my record expunged.

    I currently have 5 Class C Felonys on my record, they have to do with being in possession of a fictitious ID, Theft I (2), Forgery I, and attempted delivery of Oxycodone. It has been 5 years since the last conviction. Can all Class C Felonies in ...

    Mark’s Answer

    Oregon's expungement law is found in ORS 137.225. The law provides the conditions under which a conviction can be set aside. When a person is convicted of multiple offenses, a 10 year waiting period applies. In some cases, it is possible to contend that convictions merge as a matter of law. You should consult a criminal defense lawyer who practices in Oregon in order to get a specific analysis in regard to your situation.

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  • I'm looking to get my felony set aside in linn county Oregon

    I was convicted of att.assault.2 class c if not b it's been 11 years ago. I got a duii. In 2008.no trouble since everything is paid. And I have satisfied all court orders.is it worth trying to get this set aside?

    Mark’s Answer

    Anybody who qualifies for getting a criminal conviction set aside should definitely pursue this. Under Oregon law, a person can qualify to set aside a class C felony if he fully satisfies all requirements of the conviction and sentence, and if he is not facing any charges at the time the expungement motion is filed, and if he has no convictions for anything other than a traffic infraction in the 10 years prior to filing the motion. Based on the information you have provided, your DUII in 2008 might be a problem, depending on the outcome of that case. If your DUII charge was dismissed or if you were found Not Guilty, the DUII will not stand in your way of getting your assault conviction expunged. On the other hand, if your DUII charge resulted in a criminal conviction, you will have to wait until the 10th anniversary of that conviction before you can expunge your assault. You may find it beneficial to discuss your situation with a criminal defense attorney. Many criminal defense attorneys offer free and confidential consultations to potential clients.

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  • Do I need a lawyer for theft III in Oregon?

    I was issued a citation for shoplifting and I am supposed to appear in court in a month. I took $45 worth of merchandise. This is my first offense, I have a clean record. I don't have a job, or income of any kind. Do I need a lawyer for this? I al...

    Mark’s Answer

    • Selected as best answer

    Any person facing a criminal charge needs a lawyer. Our legal system can be very rough on people who lack legal representation. If you cannot afford to hire an attorney, you should go to the court and ask for a lawyer to be appointed to represent you. Your lawyer will analyze the case and discuss your options, and help you through the process. Do not discuss your case with anyone other than your lawyer, and do not post anything further about this online.

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  • Am I eligible for diversion

    I am charged with a class "A" misdemeanor, second degree theft. This is my first offense and I am not a minor. I am terrified. What is the general sentencing? I know that the fine can be no more than $6,500 and jail time is up to a year. What typi...

    Mark’s Answer

    Outcomes in criminal cases vary enormously from one case to the next.

    One factor will be the strength of the evidence against you. Another factor will be the attitude of the victim. Another factor will be the skill of your defense attorney. It is impossible to generalize.

    Multnomah county has a program in the community court for first time offenders, by which the defendant can earn dismissal of the criminal charge by performing some community service. Another way to accomplish dismissal of a criminal charge like this is to work out a civil compromise with the victim.

    You should contact a criminal defense attorney immediately. Do not post information about your case online. What you post about your case can be read by the police, prosecutors, and others who do not have your best interests at heart.

    Many defense attorneys offer free and confidential initial consultations. Contact a defense attorney immediately. There is much that can be done to minimize the damage.

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