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Mark C Cogan
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Mark Cogan’s Answers

676 total


  • Will he get in trouble, what does this mean for him.

    I'm 16, my boyfriend is 20. I live in the state of oregon and he lives in Washington. We have had sex a handful of times. Both my parents and I consented to this. Someone reported it to dhs. The lady said she has to report it but will not pursue it.

    Mark’s Answer

    You are underage so you cannot legally consent to sexual activity. Nor can your parents consent to you having sex. Oregon law enforcement agencies prosecute cases like this very aggressively. You and your boyfriend need to consult attorneys immediately.

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  • Is it worth while to write a no contest letter in the case of patronizing a prostitute if you don't want to go to trial?

    This took place in Multnomah county Oregon. It was my intent to pay for adult entertainment but not for sex and I got cited for patronizing a prostitute. It was a sting operation and the cop took money that I had set on a table. I don't want to go...

    Mark’s Answer

    Your case is probably being tracked to the community court, which offers a program that could lead to the dismissal of your criminal charge. You may wish to consult a criminal defense attorney for specifics. Do not post anything about your case online.

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  • How long after a Class C Felony do you have to wait to have your record expunged?

    1 Class C Felony (not a sex crime, or other violent crime.) with a probation term of 3 years after conviction. What I've read from the OS Bar website says that with this sort of conviction I'd be eligible to have my record expunged after 3 years, ...

    Mark’s Answer

    Expungement in Oregon is governed by ORS 137.225. The statute has been amended many times, so you need to make sure the information you are accessing is current and up-to-date.

    Generally, in order to qualify for expungement (formally classified as a MOTION TO SET ASIDE), you must satisfy the following requirements:

    1. The conviction must be one that qualifies (most but not all misdemeanors and class C felonies qualify for expungement),

    2. You must have complied with and satisfied all requirements of your conviction and sentence (in some cases, violations or revocations of probation disqualify a person from expungement),

    3. You must not have a conviction for any other crime, nor more than a single non-traffic violation within the 10 years prior to filing your motion (this rule may be the source of the 10-year waiting period which applies to persons convicted of multiple offenses to which you refer in your inquiry), and

    4. You must not have any pending charges at the time you file your motion.

    I would suggest you call a criminal defense attorney for further case-specific information about your situation. Many criminal defense attorneys offer free and confidential consultations to potential clients.

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  • What can I do when my lawyer is not representing me or offering legal advice

    I am being represented in a criminal case buy a public defender that is unwilling to offer legal advice and literally told me to figure it out myself. He has ignored my phone calls for months on end with a multitude of attempts made and even aft...

    Mark’s Answer

    Facing a criminal charge can have a enormous consequences. You need to make sure that you have a lawyer you trust and is capable of providing you the service that you require. You only get one chance. Find out who loves you and ask them to help you to hire a capable defense attorney before it is too late. Do not post anything about your case online.

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  • Can I be charged in criminal court for a class b harassment charge and then be charged for same in civil court

    20 month old child bit me and was charged with slapping child. Given class b citation and to be arraigned in court on June 20. Am 63 years old and never been in system

    Mark’s Answer

    This situation can expose you to litigation in both the criminal and civil court systems. You should consult an attorney immediately. Do not post anything else about this online.

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  • I'm 19 years old I turn 20 this month on the 26, I had sex with a 17 year old, can I get charged in Oregon?

    I have been dating my girlfriend for 2 and a half years now. We started dating when I was 17 and she was 14. I am now 19 about to be 20 this month, she's 17 I had sex with her and she might be pregnant? I was wondering if I could get charged for s...

    Mark’s Answer

    This could lead to criminal charges. Contact a criminal defense attorney immediately. Do not post anything else about this online. Do not speak with any law-enforcement or investigator without an attorney at your side.

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  • Can I have a misdemeanor theft which happened in 2011 expunged?

    I'm a disabled Veteran living at the Salvation Army and looking for work and this misdemeanor on my record keeps popping up which keeps me from getting hired for jobs I'm fully qualified for. I would like to have it removed from my record if possi...

    Mark’s Answer

    You qualify for expungement of this conviction provided that the following statements are true:

    1. Your conviction was in the state of Oregon,

    2. You were convicted of a single offense ,

    3. You fully complied with the requirements of probation,

    4. You are not facing any other charge at the present time,

    5. You have not been convicted of any other offense, other than traffic violations and a single non-traffic violation, within the past 10 years.

    Getting this conviction off your record will open up opportunities for you. Contact a criminal defense attorney for more information. Many of us offer a free and confidential consultation for in situations like this.

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  • What are the consequences of cashing a check under my name and my ex spouse name that his name was forged on?

    In summer of 2013 after a divorce I received a check in the mail from the mortgage company for overpayment after our marital home had sold. The check was for $800 and was in my name first and my ex spouse name secondary. I needed the money, so I s...

    Mark’s Answer

    It is very unwise to post information about your criminal conduct online. What you post online can be read by the police and others who could do you harm. Be smart and consult an attorney in private.

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  • What kind of sentence am i looking at? Can we get married with parent consent when he is 17 w/ me having charges w/ no contact?

    My fiance is 16. I am 26, and am 23 weeks pregnant with his baby. In oregon they dont title rape with "statutory", but that is what its considered. I am being charged with 3rd degree rape. His parents approves of our relationship but the state i...

    Mark’s Answer

    You need to discuss this matter immediately with a criminal defense attorney. Do not post anything else online about the situation. This is a very serious situation, which could have lasting consequences.

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  • Motion to set aside and out of state finger printing/travel issue.

    If someone is living in Nevada, would they be able to be fingerprinted by a sheriff in Nevada, and have the prints sent to an attorney handling their motion to set aside in Oregon? Or could they have the sheriff send them to the prosecutors office...

    Mark’s Answer

    There is no problem getting your fingerprints taken where you are and sending them to your attorney in Oregon.

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