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Category Archives: Criminal Law News

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Beware Threats of Criminal Charges!

By Mark C. Cogan, P.C. |

A client came to our office worried and alarmed that he was under investigation by the Drug Enforcement Agency.  It turned out to be untrue and a scam, but even when it’s not, never abandon your right to remain silent.  This scenario reminds us to be extremely careful if you are contacted by law… Read More »

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More Accepted to DUII Diversion Program

By Mark C. Cogan, P.C. |

May 16, 2013, saw Governor Kitzhaber sign HB 2773 into law which expands the DUII Diversion Program to include defendants who in the past were excluded. Now, defendants who had completed a treatment program related to past charges of Minor in Possession of Alcohol or Possession of Less Than an Ounce will not be… Read More »

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U.S. Attorney General “Too many people go to too many prisons for far too long”

By Mark C. Cogan, P.C. |

“Too many people go to too many prisons for far too long for no good law enforcement reason.… Statutes passed by legislatures that mandate sentences, irrespective of the unique facts of an individual case, too often bear no relation to the conduct at issue, breed disrespect for the system, and are ultimately counterproductive. It… Read More »

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Federal Pardon Power Rarely Used

By Mark C. Cogan, P.C. |

The United States Constitution grants the President the sole power to pardon a person convicted of a federal crime. Historically, the pardon power has been used to correct injustice and right wrongs. However, under the Obama administration, the pardon power is rarely used. President Obama has pardoned less than 25 people since he took… Read More »

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Oregon Governor Pardon – Simple Process, Difficult Result

By Mark C. Cogan, P.C. |

The Oregon Constitution gives the Governor the sole power to grant a pardon to a person convicted of a crime in Oregon. Oregon law details how a person can apply to the Governor for a pardon. It is a relatively simple process. However, granting a pardon is not the norm. To apply for a… Read More »

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$13.2 Million Awarded to Man Wrongly Convicted

By Mark C. Cogan, P.C. |

The City of Cleveland, Ohio was ordered to pay $13.2 million to David Ayers, a man wrongly convicted of aggravated murder who spent 11 years in prison. Ayers brought a civil rights lawsuit against the City of Cleveland, claiming that law enforcement officers had framed him because he is gay. In 2000, Ayers was… Read More »

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Oregon Medical Board Doctor Concerned Over Medical Marijuana Patients

By Mark C. Cogan, P.C. |

Since 2005, over 30 Oregon doctors have been disciplined or had their medical licenses terminated because of medical marijuana. The Oregon Medical Board is a committee designed to oversee the practice of medicine in Oregon. It is a similar organization to the Oregon State Bar, which oversees lawyers’ professional duties. Doctors have met with… Read More »

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When Peaceful Protesting Hurts

By Mark C. Cogan, P.C. |

Elizabeth Nichols, a 22 year old college student, was recently found guilty of failing to obey the police. Not obeying the police had more than one consequence for Nichols. Not only was Nichols charged with violations, as opposed to a crime, she was pepper-sprayed in the face and mouth at the scene of the… Read More »

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Oregon Supreme Court Protects Suspects

By Mark C. Cogan, P.C. |

November 29, 2012, saw the Oregon Supreme Court make a very important decision about eye-witness identification evidence. In-State v. Lawson, the Oregon Supreme Court got rid of the current way that eye-witness identification evidence is allowed in during a trial. The Court noted that the reliability of eye-witness identification evidence has been attacked around the… Read More »

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Your Cellular Phone Is Evidence

By Mark C. Cogan, P.C. |

There is no doubt that the police are very interested in what is on your cellular phone. In 2011, cellphone companies responded to 1.3 million demands from various police agencies across the country. These demands were for records of calls, text messages, and cell-site location data. The cell phone has quickly become a source… Read More »

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