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Mark C Cogan
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Mark Cogan’s Answers

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  • Why is this detective contacting me and would you advise me to call him and explain the situation?

    I have an ex girlfriend who recently went into the mental hospital. we were dating and we both decided it would be best for her to do. while she was in somebody convinced her that I had been "sexual assaulting" her for our whole relationship. she ...

    Mark’s Answer

    The detective is contacting you to try and gather evidence that can be used in court to convict you of a serious crime.

    The only thing you should say to the detective is that you WILL NOT SPEAK WITHOUT YOUR ATTORNEY PRESENT.

    Anything else could only make things worse.

    Moreover, if the detective wants to search you, your home, your phone, or your computer, or your vehicle, you should tell the detective that you WILL NOT ALLOW ANY SEARCH UNLESS THE DETECTIVE SHOWS A WARRANT SIGNED BY A JUDGE.

    If you conduct yourself as indicated above, you will do exactly what any police officer would do if under suspicion.

    We have important Constitutional rights in this country, but those rights can be waived. Do not waive your rights. Be smart and get a lawyer. And do not post anything else about your situation online. What you post on a public forum such as this can be easily accessed by people who could do you harm.

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  • How would I go about getting it expunged myself? Thanks

    In March of 2012 I plead guilty to Unauthorized Use of a Motor Vehicle a class C felony in Oregon (it's the only thing on my record) and I was put on probation for two years I have been off for over a year and I don't think I got any probation vio...

    Mark’s Answer

    Generally speaking, convictions for class C felonies and misdemeanors qualify for expungement in Oregon, provided that the person has completed all the requirements of the conviction and sentence, and that the person has no other conviction for anything other than a traffic violation within the 10 years prior to filing for expungement, and the person is not facing any other criminal charges at the time the motion is filed.

    Some specific crimes do not qualify for expungement. Unauthorized use of a vehicle is one of the offenses that normally does qualify for expungement under Oregon law.

    You should be aware that Oregon's expungement law is amended frequently.

    Make sure you have the most up-to-date information about the law, by consulting an Oregon criminal defense attorney. (One out of state lawyer has posted out of date information published by the Oregon State police, reflecting that no class B felony qualifies for expungement. That information is not accurate. Some class B felonies actually do qualify for expungement in Oregon.)

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  • Any advice would be great

    My boyfriend 8 years ago was charged with a felony. he went to court and took a plea. It was 72 days in jail and it would be reduced. On all court papers and attorney papers it has been. * years later so this year he was out at my families propert...

    Mark’s Answer

    It is important to examine the Judgment that was issued by the court. It th Judgment reflects that your boyfriend was convicted of a felony, then he is a felon. If the Judgment reflects that his conviction was reduced to a misdemeanor, then he is not a felon. An attorney needs to examine the documentation and advise as to the most beneficial course of action for your boyfriend to address the situation.

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  • Is it considered self defense?

    A friend of mine was walking and was attacked by a drunk man who became very hostile. My friend attempted to calm the situation. The man grabbed his throat and tried to attack him. My friend then proceeded to stab the man once in back of his shoul...

    Mark’s Answer

    It is not possible to answer your question based on the information presented. A person is allowed to use physical force in defending himself from attack, but the physical force must be reasonable and appropriate under all the circumstances. Whether the force used in this situation was reasonable and appropriate will depend on many factors. The details of the situation are very important. For example, you state that your friend stabbed the man in back of his shoulder. If your friend was in back of the man, the authorities might contend that your friend was no longer in danger of assault, and thus did not need to defend himself against the man. Your summary of the situation makes no mention of where the events occurred. If the incident occurred in your friend's home, your friend would probably have greater freedom and entitlement to defend himself, as opposed to an incident that occurred in the street, where the parties presumably could simply walk away. Nor is there anything in your statement about the existence of any relationship between the two combatants, any prior history of violence by either of them, nor their relative sizes and strength. All of those factors can have impact on the result in a case of possible self-defense. Finally, in situations like this, various witnesses will inevitably have different recollections and narratives as to the specifics of the underlying events, thus making it impossible to give a legal evaluation of your friend's prospects of beating the case.

    Please do not fill in any additional information online, because no matter how much information you provide, it will still be insufficient to give the situation a full analysis. Even more importantly, anything you post online in a public Internet forum such as this could be read by the police and prosecutors, thus damaging your friend's situation.

    What your friend absolutely needs to do is to consult a criminal defense attorney and have a private conversation about the situation. Your friend should not talk with the police in absence of legal counsel. If the police contact your friend, he should tell the police that HE WILL NOT TALK WITHIUT HIS ATTORNEY PRESENT. If the police want to search your friend's person, his home, his phone or computer, your friend should not cinsent to any search unless the police have a warrant signed by a judge. Finally, your friend should not post anything about the incident on social media, or discuss the incident with anyone other than legal counsel.

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  • Can i expunge ors.475.860 in oregon

    Hello, in the state of oregon can i have my felony expunged i have a delivery of marrijuana for consideration. They just passed senate bill 844 thought maybe my charge would fall in the category. Its been 6 years since i was convicted, i have comp...

    Mark’s Answer

    Delivery of marijuana for consideration qualified for expungement even before the latest amendments to Oregon's expungement law. In order to qualify, you must not have any other conviction (other than traffic violations or a single non-traffic violation) within the past 10 years, you must have fully complied with all the requirements of your sentence, and you must not be facing any other criminal charge at the present time.

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  • What is the best course of action legally?

    I am taking a sexual history disclosure class and took a polygraph they said I failed key questions, but I never lied and now I am scared and don't know what to do my probation officer is asking me to admit to crimes I did not commit or I will be ...

    Mark’s Answer

    You need to consult a lawyer privately. That being said, you need to realize that any confession to a crime that you make to your probation officer will be used as evidence against you. Polygraph results are not generally admissible as evidence in Oregon courts. One option for a defense attorney might be to refer you out for a confidential defense polygraph. Do not post any other information about your situation online.

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  • Can the entire case be dismissed based on they were never dispatched to my house for any reason?

    An off duty cop came to my house. I granted entrance to prove I was not being held against my will. They found a pipe behind a box in the kitchen. I asked them to leave my house. He threatened to arrest me and come back and toss the place and cha...

    Mark’s Answer

    Cases involving issues of illegal searches and seizures are very fact specific. It is not possible to fully analyze your situation based on the information presented. Complete analysis will require assessment as to why the police were in your home, whether there was valid consent to enter, whether an emergency situation existed, as well as other factors, all leading to a determination as to whether the police violated your Constitutional right to be free from unreasonable searches and seizures. Litigation of these cases frequently turns on what the police new and when they knew it.

    You need to discuss the situation fully with a criminal defense attorney. You will not receive sufficient guidance from the Internet. Be aware that anything you post of a public forum such as this can be read by the police and the prosecutor, to your detriment. Be smart. Engage the services of a criminal defense attorney. Your freedom and your future are at stake.

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  • Pulled over in Oregon with a suspended CA license, now cops will be looking out for me, can't drive please help me drive again

    Hi thank you so much for reading. I recently moved from CA to Oregon. In CA I haven't yet finished completing community service for very old speeding tickets, so apparently they suspended my license. Yesterday was pulled over and ticketed in ...

    Mark’s Answer

    You need to straighten out your problems with your suspension in California before you will be allowed to drive legally in Oregon. Once you remove your suspension, the authorities might be willing to reduce the penalties you are facing for your traffic violations in Cornelius. It might be beneficial to engage the services of an attorney who havdles traffic matters to resolve this situation.

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