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Mark C Cogan
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Mark Cogan’s Answers

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  • With a expunged felony record, can I buy a gun? Oregon / Hawaii

    I have recently had my felony record expunged. I was wondering if I can legally own a gun and get a hunting permit? I currently live in Oregon but will be moving to Hawaii at the end of this year.

    Mark’s Answer

    As a matter of Oregon law, once a conviction is set aside it no longer exists. Therefore, as long as you are not disqualified from possessing a firearm for any other reason, you would become legal to do so as a result of the granting of your expungement motion.

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  • Do I have to appear before the grand jury and if so, do I have to testify? This charge is untrue and I don't want to testify

    There was an altercation between my boyfriend and another individual at our residence. I woke up to it and tried to break it up. I was accidentally shoved aside in the process and I did not press charges when the police arrived. I still do not wan...

    Mark’s Answer

    If you were personally served with a subpoena, you must appear. This being said, it might make sense for you to consult an attorney to see if there is any way for you to be excused from testifying. For example, if you are potentially facing charges based on your testimony, you might be able to take the Fifth because of concerns about possible self incrimination. These issues can only be explored in a confidential consultation with legal counsel. Keep in mind that the defendant's attorney and the prosecutor are not in a position to give you advice. Only your own personal attorney can advise you as to what you should do. It is not wise for you to post anything further about this online. Consult with an attorney in private. That is the only way you will be able to sort out your options.

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  • What are the odds of Oregon coming after me the last few months of my limited supervision if I leave state.

    I'm currently on limited supervision in Oregon. My probation ends in a few months but me and my Lady can't wait any longer to move out of state. We both have good jobs waiting for us but they can't be held for us much longer. I'm just wondering wh...

    Mark’s Answer

    Leaving the state and violating probation may seem attractive, but it could cause you enormous grief down the line. A much better option would be to seek early termination of your probation. Speak with a criminal defense lawyer about this. We have gotten such relief for clients, thus preserving their freedom to move without adverse consequences and worry.

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  • How long does the felony stay on my record? Can it be expunged?

    Hello, I have a question regarding an old drug charge. I received a felony conviction 21 years ago for possession of LSD here in Portland, OR when I was 21 years old. I have had NO criminal strikes against me since then including ZERO traffic vi...

    Mark’s Answer

    Oregon's expungement law (ORS 137.225) now allows expungement of this crime, provided you have not had any arrests or convictions since your conviction. You should consult a criminal defense attorney for details.

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  • Will my felonies stay on my record

    i have four felonies but i am on an informal probation contract

    Mark’s Answer

    Oregon's expungement law is codified in ORS 137.225. Many felonies qualify for expungement. There are waiting periods, from 3 years, to 10 years, and even 20 years, depending on the circumstances. Contact a criminal defense attorney who practices in Oregin for an evaluation of your eligibility for expungement.

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  • Should i get an attorney now or wait to see if charges will follow?

    if I had several child porn pictures (less than 100) on my computer and that computer got taken from the police what am i facing criminally. multnomah county, oregon. I have not been charged with a crime yet. the police took my computer about 1 m...

    Mark’s Answer

    Any person facing a criminal charge should consult a criminal defense attorney immediately. Charges like this can have a life long consequences. Be smart. Get a lawyer immediately. And stop posting information about your criminal conduct online.

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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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