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Mark C Cogan
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Mark Cogan’s Answers

670 total


  • Can my son be charged with assult

    My son punched a kid in the face after he and three one day and four the next day of he and his friendscame to our house to beat him up . They even brung kids to video it. I was holding my sons phone and must have recorded about 15 seconds of it a...

    Mark’s Answer

    This is a very dangerous situation. You need to get your son an excellent lawyer immediately. And don't post anything else about this online. What you post on a public forum such as this can cause your son harm.

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  • Is a minor ever allowed to drink alcohol if he has parental permission? Even if it is a private residence?

    An argument has developed over this, with half saying yes it is legal and the other half saying it is never ok to give a minor alcohol. Please clarify.

    Mark’s Answer

    Parents are allowed to serve alcohol to their children.

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  • What will happen to me....

    My father found 30 Xanax pills in my room and called the police... I'm 18 and got charged with a possession of a schedule IV substance... I was self medicating for personal use, but people around my city are telling people I was selling them... I ...

    Mark’s Answer

    Criminal charges can have very serious consequences. In addition to the potential jail time, you are also at risk of acquiring a criminal record which would have negative impact on your employability.

    Here is what you need to do:

    1. Get a good lawyer.

    2. Confide only in your lawyer.

    3. Stop posting information about your situation online.

    4. Consider getting into a drug treatment program.

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  • Do I need an attorney present if detectives are wanting me to answer questions while being recorded.

    Alligations were made against me. Detectives show up at my home., I was at work at the time. They left card. I left 2 messages, third time calling I spoke with a detective. Set up appointment. Still didn't tell me what alligations were. Until I...

    Mark’s Answer

    When the police are under investigation, they get legal representation immediately and refuse to answer questions without their lawyer. They do that because they know the system is unfair to anyone who does otherwise. If that practice is good enough for the police, it is doubly good for you. Be smart. Consult an attorney immediately. Don't post anything about your case online. Stop talking to the police. They are not trying to help you.

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  • 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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