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Bert W. Cohen
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Bert Cohen’s Answers

354 total


  • Should I go ahead and take my first drug screen tomorrow or wait a little more?

    So I'm in a divergence program for my charge of possession of marijuana less than an oz since it's my first offense. Part of it was 3 drug screens 20-30 days apart. I had my court date on August 12 which is also the day I started the program. Of c...

    Bert’s Answer

    You need to immediately talk to your lawyer about low creatinine levels resulting in failing the test. Map out on a calendar when to take your tests so that you don't fall outside the diversion deadline requirements. And by the way. there is no "natural detox". It takes time.

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  • Does the defense in a GA criminal matter also have to subpoena a witness already subpoenaed by the prosecution?

    If so, may the judge excuse the witness after being questioned by both sides, once the prosecution agrees, thereby denying the defense a recall of the witness? Is there a statute or just common procedure? Georgia

    Bert’s Answer

    Yes, the Defense must subpoena the witness even if the State subpoenaed that same witness. This is because the State can excuse the witness from their subpoena at any time and without notice to the Defense. If that happens then the witness does not need to appear for court at all. Therefore, the defense must also subpoena that same witness. I respectfully and strongly disagree with any lawyer who advises otherwise.

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  • Dropping fva charge on my bf

    Yes my bf slapped me, yes my mother pushed me into pressing charges, yes I want to drop charges. Can I go to the DA'S OFFICE and sign a dissmal paper??? Then not showing up for court could that have the case thrown out?

    Bert’s Answer

    People try to get domestic violence charges dropped all the time. So go ahead and try. But whatever you do, DON'T LIE.. People get arrested and go to jail for lying in this situation as well.

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  • I have a bench warrant and the court date is next week. Should I be nervous given my situation?

    I got kicked out of my mothers home and have to stay at my grandmothers house which is an hour away. However, I got a notification for jury duty but I could not attend as I have no means of transportation (my grandmother was not able to take me, n...

    Bert’s Answer

    You probably received a contempt summons. Call a lawyer and read the document to him or her and let the lawyer advise you.

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  • Hey my husband threw some charcoal at his mom. He's charged with simple battery under family violence. What can happen?

    Hey my husband threw some charcoal at his mom. He's charged with simple battery under family violence. He have a jury trial in may. What could happen?

    Bert’s Answer

    It is possible he could win if his mother is disbelieved orr changes her story or refuses to cooperate. However if you or he try to influence her this would be an additional crime. So don't! He could also lose, resulting in probable probation and possible jail and a criminal domestic violence record.

    Also, depending on the specific facts of the case and the court, he may be able to get diversion resulting in ultimate dismissal.

    My question to you is why are you asking this question on this site? Your husband needs to get a lawyer immediately.

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  • What can I expect to happen???

    Me and a friend were caught shoplifting clothes from Walmart, the total amount was 130$. We have both never been in trouble before, and have a clean record. I am pregnant (high risk), and I also have a 1 year old. I didn't have my kids, my fr...

    Bert’s Answer

    What can be done depends on specifics you have not provided. I advise that if you can't afford to hire a lawyer, go to court and ask for an appointed attorney. That lawyer should be familiar with the court and can best advise you of your options.

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  • What is most likely to happen here?

    Friend was pulled over a month ago as a passenger for having weed less than an oz just a couple of days ago he had his court and he declared not guilty so they offered him to do a program and the case goes up to state. Just yesterday they were sto...

    Bert’s Answer

    Your friend now has two criminal cases pending in two different places. Your friend needs to hire a lawyer.

    You are probably asking if the first court will issue a warrant for your friend's arrest because your friend was arrested a second time. This is possible depending on the court. It is more likely that your friend will be expelled from the "program"

    Now is the time to hire a lawyer.

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  • What do I do and what can happen to me?

    I am on probation and got pulled over, I was nervous and could not perform the sobriety test bc I was literally having a panic attack. Even through I blew all zeros on the breathalyzer, the cop still suspected I was on something, charged me with D...

    Bert’s Answer

    That probation revocation agreement was probably a court order and you were ordered to go into rehab. By leaving rehab you likely violated the order. I suggest whatever lawyer you use try to get the judge to agree to make this a "walk in" revocation hearing where you can get the warrant set aside and go to court and request the judge to modify the terms of your probation revocation order.

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  • 6 do 3 the 3 suspended upon completion of RSAT, credit for time served 17 months, have comp 1 yr 2 mnths how much prob is left

    Probation violation with 3 criminal trespass, & simple assualt

    Bert’s Answer

    Assuming you successfully completed RSAT and your sentence was not tolled for any reason, I calculate you completed your time based solely on the information you provided here.. You need to consult with your attorney who represented you and probably get a copy of the sentencing transcript. IF you and your attorney believe your sentence is completed, you need to request a hearing to terminate the sentence.

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  • was this legal any overturned case in Georgia?

    case of aggravate assault his was charged with three aggravate assaults , it was to other person who were not found.

    Bert’s Answer

    Yes sometimes this can happen. There are some overturned cases in Georgia.He needs to hire an attorney.

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