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Mark C Cogan

Mark Cogan’s Answers

601 total

  • 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 trouble since everything is paid. And I have satisfied all court 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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  • What sort of precautions should I take when a police report is made for petty theft?

    Recently I stole 40$ from my old job, it was a dumb decision that I made on no sleep and it tore me up inside, I promptly went back the next day and returned it and explained, but the manager had to call the police anyways. The police are coming t...

    Mark’s Answer

    Your smartest move is to get an attorney and not make any further statements to the police, the store, or online.

    If you are contacted by the police, the only safe thing you can say is you will not make any statements without your attorney. Anything else will damage your situation.

    Whenever the police are under investigation, they get legal representation and refuse to make statements. You should do exactly the same.

    There are things that an attorney can do for you that you cannot do for yourself.

    Many attorneys offer a free and confidential consultation. Be smart. Contact an attorney immediately.

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  • Can I reduce my class c felony sex abuse 2 charge?

    So back in 09 i was charged with sex abuse 2 class c felony, I did my probation and sex offender classes . And now I am wondering if I'm able to get my charge reduced to a misdemeanor?

    Mark’s Answer

    Judges in Oregon have the power to reduce a class felony to a misdemeanor conviction. However, this power is used sparingly.

    If you wish to seek reduction to misdemeanor, you will need to demonstrate that you have otherwise led a law abiding life, that you fully complied with all the requirements of your probationary sentence, including sex offender treatment and registration as required. A favorable recommendation from your probation officer, character reference letters, and performance of community service would also be helpful.

    Before you file your motion, you should consult with a criminal defense attorney to discuss all details.

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  • My son may have to talk to the FBI about a concern they have, should he have a Lawyer even if not charged?

    My son was accused by a teacher over a year ago concerning some school computers. He has recently signed up for the Marines and the FBI called his recruiter. While we are fairly sure that he is facing much ado over nothing, I have trust issues wit...

    Mark’s Answer

    Any person who is subject of a law enforcement investigation would be wise to have qualified legal counsel and decline to make statements to the authorities. Whenever the police are under investigation, they get legal counsel and decline to make statements to anyone other than their counsel. The reason is that the system is not fair to people who lack legal counsel. The only thing a person under investigation should say to the authorities is: I WILL NOT SPEAK IN THE ABSENCE OF MY ATTORNEY. Anything other than that will subject the person to peril. The danger is magnified when the Federal authorities are involved. That is because false statements to a Federal agent can be prosecuted as Obstruction of Justice. Be smart. Get your son to an attorney immediately.

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