Skip to main content
Mark C Cogan
Avvo
Pro

Mark Cogan’s Answers

589 total


  • “If I was convicted of 3 Class C felonies and 2 misdemeanors in August 2005, can I expunge misdemeanors now?

    I have had NO CRIMINAL CONTACT since August 2005 but I need the misdemeanor assault off ASAP. It has not been ten years quite yet.

    Mark’s Answer

    Oregon's Expungement Law, ORS 137.225, requires the satisfaction of a 10-year waiting period when a person is convicted of multiple offenses, even where the offenses all arise from the same incident.

    The good news is that you are almost there! The bad news is that you must wait until the 10th anniversary of your convictions to file your motion.

    What you can do in the meantime is obtain a copy of your court records and contact a criminal defense attorney who assists clients with expungements, so you will be ready to move forward at the earliest possible moment.

    Many attorneys offer free and confidential consultations. Good luck!

    See question 
  • Had a felony be reduced to a misdemeanor

    I had a class C theft felony in the 1st degree be reduced to a misdemeanor. I have been charged of a misdemeanor of negotiated a bad check and now misdemeanor of theft. So what my question is; if you have more than one misdemeanor on your record,...

    Mark’s Answer

    The waiting period for qualifying to expunge a conviction in Oregon can be confusing. Best thing would be for you to contact a criminal defense attorney to fully analyze your situation. Many attorneys offer free and confidential initial consultations. Good luck!

    See question 
  • If charges have already been pressed against me, is it illegal to have the complaining part contacted by community mediation ?

    This mediation group does mediate criminal issues, and told me that my case was eligible for mediation by their group (funded by the county.) I told them charges had been pressed and they did not say this was an issue. I just want to be sure though.

    Mark’s Answer

    • Selected as best answer

    It is possible that mediation could provide an avenue for a favorable resolution of your case, within the framework of Oregon's Civil Compromise law, but you must be very careful.

    To begin, your attorney must make sure that your participation in mediation will not violate the conditions of your release.

    Additionally, your attorney must negotiate ground rules for your mediation that will protect you from your statements being used against you as evidence.

    Further, your attorney will need to prepare documentation to enable the results of your mediation to constitute the basis for a civil compromise, and then submit an appropriate motion to the court.

    It is possible to use mediation to resolve complicated legal matters, but this cannot be done successfully without an attorney on board who knows what he or she is doing.

    See question 
  • I have question about having my record set aside under 137.225 (I am eligible under section 13) and double jeopardy.

    Under 137.225 - section 3 it states: "Upon entry of the order, the conviction, arrest or other proceeding shall be deemed not to have occurred" Simply put, does this make me lose rights against double jeopardy? Can they prosecute me again fo...

    Mark’s Answer

    No statute can take away a person's constitutional rights.

    The right against double jeopardy arises from the constitutions of both the United States and the State of Oregon.

    There is no possibility that getting your conviction set aside could expose you to prosecution for the same offense of which you were previously convicted.

    See question 
  • What is involved in the process of seeking a civil compromise for a criminal misdemeanor charge?

    I was told that I need character references from people, but as soon as I ask people they are afraid that they will be held accountable legally (like prosecuted) for saying that I have a good character. Other than getting better friends, is there ...

    Mark’s Answer

    In order to get a civil compromise in a criminal case, the crime must be one that qualifies.

    Next step is to negotiate a settlement agreement with the alleged victim in which the injured party signs a formal acknowledgment of satisfaction.

    Once that is done, a formal motion to dismiss is presented to the court. The prosecutor sometimes opposes motions to dismiss based on civil compromise.

    If the judge determines that dismissal of the charge is in the interest of justice, the case will be dismissed.

    It is not usually necessary to submit character reference letters, although in some cases that might be helpful.

    In most cases, the defendant is prohibited from having any contact with the alleged victim. Acting through an attorney is highly recommended.

    The above is only meant to describe the process in general. Every case is different. If you want help in your specific situation, you should consult a criminal defense attorney.

    It would not be wise for you to post online any specifics regarding your case.

    See question 
  • Is it illegal for an 18 year old girl to date a 14 year old boy?

    We have been dating for 7 months now, when I was 17 and he just turned 14. Would it be illegal for us to continue dating?

    Mark’s Answer

    Oregon law does not prohibit "dating", if what you mean by "dating" is holding hands, going out to a movie, or taking a walk in the park. Such activities are perfectly legal.

    On the other hand, if by "dating" you mean any kind of sexual activity, including intercourse, or even the touching of one person's sexual or private parts, a crime is being committed and you may end up being punished severely. Prosecutors in Oregon prosecute sex crimes against minors very aggressively. In Oregon, the age of consent is 18, so extreme caution is warranted.

    If you would like to discuss the specifics of your situation, speak privately with an attorney. Do not post anything online about the specifics of your situation.

    See question 
  • What can we do? What could happen?

    30 year old admitted to having sex with a 17 year old with parental permission? Sex abuse 2nd degree times 10 consequences? Time? They keep adding random more times everyday also

    Mark’s Answer

    Any person facing a criminal charge should consult a criminal defense attorney immediately.

    You will not find adequate information on an online form such as this. Even worse, what you post online can be read by people who can do you harm.

    The consequences are of a prosecution for a sex crime can be very severe. Prison time, felony convictions, and lifetime registration as a sex offender or are among the possibilities.

    On the other hand, timely intervention by a skilled criminal defense attorney can lead to much reduced consequences.

    Be smart, consult a criminal defense attorney immediately. Stop posting online about this matter. Many defense attorney time offer a free and confidential initial consultation. Call an attorney today.

    See question 
  • In 2011, I was falsely accused and arrested for assault. No formal charges filed.

    I have written confession proving he lied. Can I charge him with perjury, filing false police report report, and have my record expunged?

    Mark’s Answer

    Oregon's expungement long is codified in ORS137.225.

    The statute allows a person who was arrested, and more than a year passed without prosecution, to file a motion to set aside all records pertaining to the arrest.

    Your motion will be granted if you have not been convicted of any offense within the past 10 years, other than traffic infractions, and you are not facing any current charges.

    The benefit to you after your motion is granted is that all official records pertaining to that matter will be sealed, and it will be as if the arrest never occurred as a matter of law.

    As far as you getting the person who accused you prosecuted for perjury or from an a false report, that decision would be left to enforcement. You are free to ask your local District Attorney and ask them to charge the person, but the decision is entirely up to the prosecutor as to whether that will occur.

    For further information, you should consult a local attorney. You should not post anything else about this matter online. Anything you post on a public forum such as this can be read by people who do not have your best interest at heart. Good luck and best wishes.

    See question 
  • Expungement with Assault II

    My husband was found guilty and convicted of Assault II in Oregon back in 2002 and released in 2009 where he moved and is now living in a different state. Since released from prison he went back to college and graduated in 2013 with a BS in Chemic...

    Mark’s Answer

    Oregon's expungement law (ORS137.225) is an excellent way for a person to erase certain convictions from his record.

    Unfortunately, however, assault in the 2nd degree not eligible for expungement under current Oregon law. Nor is any other conviction under ballot measure 11 eligible for expungement. Sex crimes and traffic offenses are also excluded. Assault in the second degree is a class B felony that does not qualify for reduction to a less serious crime.

    The only option available is to seek a pardon from the governor.

    Pardons are granted very seldom. It is only in a case of exceptional merit that the governor will grant this extraordinary relief. However, it is an option worth considering.

    You should contact a criminal defense attorney for more information. Many attorneys offer a free and confidential initial consultation to potential clients.

    Good luck.

    See question 
  • Charged with DUII in Oregon and Harassment APA. history of felony assaults and was in prison. How long will he be in jail

    His past felonies are assault IV , assault 2nd degree, theft 1st degree, att elude police ofc-vehicle, unauthorized use of motor vehicle. Served 5 years in prison and been off of parole for 6 months.

    Mark’s Answer

    It is not possible to answer your question without more information. There is every possibility that he may not do a single day in jail. On the other hand, he may go away for a long time.

    Just because somebody has a bad record, it is not necessarily true that he will be convicted of the crimes for which he is being prosecuted.

    Whether he will be convicted of his pending charges will depend on what evidence supports the prosecution.

    The prosecutor is required to prove the charges beyond a reasonable doubt. Your question gives no information as to what the evidence is likely to be.

    Why was he pulled over? Was there an accident? Was anybody hurt? Did he do any sobriety testing? What was the result? Did he give a breath or blood test? What was the result? Did he admit to consuming too much alcohol or using drugs? Did the police violate his rights? Is he eligible for the DUII diversion program?

    Please do not answer these questions online. The person needs to consult a criminal defense lawyer to analyze the evidence in the case, and come up with an appropriate strategy. Many lawyers offer free and confidential initial consultations to prospective clients.

    See question