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Bert W. Cohen
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Bert Cohen’s Answers

351 total


  • Do I have to pay for an attorney for my 18 year old son?

    My son is 18 years old and needs two attorneys, one for DUI and one for another case of aggregated assault. We live in Georgia. He lives at home. He needs lawyers, but the clerks of the court say I have to pay for his attorneys. I make over the m...

    Bert’s Answer

    Some county courts put a lot of pressure on parents to pay for adult children with pending crimes who cannot otherwise pay for representation. Although you are feeling that pressure now, eventually, when this comes to the attention of the judge (as opposed to the administrators of the public defender program) ,the court will likely reconsider and grant him an appointed lawyer. I respectfully add that when you are appointed a lawyer, you get whoever the county says you will get and quality varies wildly. Given the gravity of the situation, you may want to reconsider your decision to not get involved this matter.

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  • I'm one owner of 3 partners in a MI LLC. My 2 partners shut down my email, bank account, quickbooks and have gone rogue.

    What are my options? I live here in Georgia. I have a 2 page Founders agreement we all signed. I have documentation on the investment made. They are collecting monies this month from a client we signed in May.

    Bert’s Answer

    You need to hire an attorney to file an application for a restraining order in the appropriate superior court in order to get them to immediately halt this conduct. This could be a criminal case but for immediate relief you need to pursue the restraining order route. A lawyer can further advise if this rises to the level of a criminal case.

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  • How should I go about representing myself in DUI court?

    BAC: .136 This is my first DUI offense and it is also my first offense ever I am 24.

    Bert’s Answer

    I've been practicing law for over 30 years and if I got a DUI case I wouldn't represent myself because that would be a suicidal thing to do. No lawyer in their right mind would tell you on an internet site of in person how to represent yourself in a DUI case. I suggest that you do whatever you can to get yourself a lawyer.

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  • What do i do?

    "i recently got in trouble for the first time ever in my life and my mother told me to plead no contest and i was not guilty i was charged for criminal trespass but i was never caught on there property nor was i arrested on there property.

    Bert’s Answer

    No contest is viewed by most as a guilty plea. You need to consult with a lawyer. You really don't want this to affect your reputation or ability to go to school or get a good job.

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  • How do I plea?

    I am being charged with felony theft by taken. My case has been moved to a trial and I have arraignment on Friday and I don't know what to plea. This is my first offense and I'm sure of what to do.I really need some help

    Bert’s Answer

    You must hire a lawyer as soon as possible. If you are unable to do so you must apply for an appointed lawyer. At arraignment the judge may ask you if you have a lawyer and discuss with you the prosess of applying for an appointed lawyer. The judge will tell you that he or she is noting for the record that you are pleading "not guilty" and your case will be scheduled for a jury trial.

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  • Is it possible to get a record expunged while still in prison?

    My fiancé is in Georgia working on trying to get home. He's in for armed robbery but has other charges on his record as well.

    Bert’s Answer

    No, unfortunately it is not possible to get a criminal record expunged when one is still in prison.

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  • My brother is in jail being accused of human trafficking. He has been in Cobb county for over 18 months. is this legal?

    he has had several court dates scheduled, but no trail.

    Bert’s Answer

    Yes this is legal. Generally the more serious the crime, such as this one, the longer it takes to go to trial. Your brother probably has a lawyer. He should therefore take up this concern with his lawyer. If he does not have a lawyer then he or his family should hire one or get him an appointd one if he qualifies.

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  • Jury selected for felony trial. Trial is 2 months away. Is this normal?

    I thought trial started right after jury selection. This gives the jury ample time to research the defendant and find articles pertaining to charge. I know they are not supposed to do stuff like that but its a possibility.

    Bert’s Answer

    This is very unusual and creates serious problems for both sides. I have never heard of such delay. There are obviouslly unusual circumstances involved with your case that have caused this to occur. Since you have a lawyer it would be best for you to find out from him or her why this situation exists.

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  • Should I respond to a Civil Demand letter from the Michael Asen Law firm?

    There was an incident at my former place of employment and it ended with me signing a paper stating that I will repay the amount no cops were involved at the time of the incident. Last week, i received a letter from the law firm. I read on severa...

    Bert’s Answer

    You said "repay". This could infer that you may have stolen money. Or it could just be a civil matter. No amount of forums or Avvo answers are going adequately address your problem. There are too many variables. You need to talk to or possibly hire a lawyer to handle this. Most criminal lawyers with experience have handled this situation before. A lawyer can possibly negotiate with the employer's lawyer and get better information than you as to whether a criminal case can be brought against you whether you pay restitution or not.

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  • My misd. probation expired. still have cs. and court cost to pay.can i request something from po saying that prob is expired.

    prob. officer told me that he was gonna let my probation expire. it was up to me if i finished 42 hrs of cs and payed unpayed court cost. he did not take out a warrant prior to it expiring. so i have been told once it expires there is nothing he n...

    Bert’s Answer

    I suggest calling or meeting wit the probation officer and asking the probation officer to write a letter stating that your probation has expired. If the answer you get is no, you then must decide whether it is worth the effort to raise this issue with the very same judge who's sentence you violated.

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