Joshua Sachs’s Answers

Joshua Sachs

Evanston Appeals Lawyer.

Contributor Level 19
  1. Considering re-opening an old Nolle Prosequi DUI Case in Du Page County.

    Answered 10 months ago.

    1. Donald John Ramsell
    2. Joshua Sachs
    3. J. Richard Kulerski
    4. Ted Harvatin
    5. Judy A. Goldstein
    6. ···
    10 lawyer answers

    There is no practical difference between a nolle pros and a not guilty. You cannot reopen the case because it is a criminal charge which the State, by entering a nolle pros with leave of court, refused to prosecute. You cannot compel the State to prosecute you. You do understand, do you not, that an acquittal is not an exoneration? All it means is that your guilt was not established beyond a reasonable doubt. You won this case twelve years ago and are going nowhere with it now.

    19 lawyers agreed with this answer

  2. How long do I have to file an appeal in a personal injury case?

    Answered 10 months ago.

    1. Joshua Sachs
    2. Robert H. Hanaford
    3. Stephen Laurence Hoffman
    4. Mark Dean
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Those do not sound, at first blush, like appealable issues and I hope you have something much better than that to work with. In general, a notice of appeal must be filed within thirty days of entry of final judgment in order to initiate an appeal. The litigation of an appeal in Illinois usually takes about a year to two years, sometimes more, occasionally less. It is most definitely not a do-it-yourself project and should be in the hands of an attorney who is at home with appellate practice....

    16 lawyers agreed with this answer

  3. Realistically..what can a pvt attorney do above a public defender?As far as conviction and consequences he will face?

    Answered over 1 year ago.

    1. Joshua Sachs
    2. Gayle Anne-Marie Gutekunst
    3. John M. Kaman
    4. Douglas Holbrook
    4 lawyer answers

    The most important difference betweem a public defender and a private attorney is case load. The public defender is typically a dedicated, capable and experienced lawyer and probably an expert not only in state court criminal defense but in the personalities and realities of your particular courthouse. The problem is that the public defender carries a massive, often an inhuman caseload. A private attorney typically carries a much lower caseload and is able to give more time to case research,...

    16 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How do federal investigation interviews work? Initial agency interview? Proffer? Safety Valve? Cooperation? Etc.

    Answered 10 months ago.

    1. Greg Thomas Hill
    2. Brian K Wanerman
    3. Michael Kevin Cernyar
    4. Stephen F Wallace
    5. Anthony Michael Solis
    6. ···
    11 lawyer answers

    I agree with all my colleagues. I will add only one thing more. You can safely assume that any agent who wants to talk to you already knows a lot more than you think, and a lot more than you do. You correct mistakes and lies to a federal agent by doing a few extra years in prison. We all come to the same conclusion. Don't try to do this yourself.

    16 lawyers agreed with this answer

  5. Supreme Court Appeal questions- Would lawyer pay back money to client if when appeal a case is not accept into Supreme Court?

    Answered over 2 years ago.

    1. Michael Lawrence Doyle
    2. Joshua Sachs
    3. Donald Michael Gallick
    4. Barry Franklin Poulson
    5. Jason Paul Steed
    6. ···
    8 lawyer answers

    The work involved in petitioning a reviewing court to grant a discretionary appeal is enormous and very difficult. No lawyer would agree to undertake such a project on a contingent fee, and to do so in a criminal case would be unethical and illegal.

    16 lawyers agreed with this answer

  6. Can i Get a new Trial because my lawyer was on drugs when he was representing me.

    Answered over 1 year ago.

    1. Robert C. Keller
    2. William A. Jones Jr.
    3. Joshua Sachs
    4. Michael Lawrence Doyle
    5. Robert E. Mielnicki
    6. ···
    6 lawyer answers

    Most states have a collateral review procedure (variously post-conviction, habeas corpus, coram nobis, or some other form as provided by state law) that might allow inquiry into such a situation. Such cases as you describe are, unfortunately, not unheard-of and relief may be possible. It will not be a walk, however. Collateral litigation tends to be a complicated, difficult and uphill battle. Be aware that even most excellent criminal defense attorneys may not care to take on this very...

    15 lawyers agreed with this answer

  7. I created a document using a fake signature of a city employee and sent it to a client in order to buy time on a project

    Answered 6 months ago.

    1. Judy A. Goldstein
    2. Joshua Sachs
    3. Michael T Warshaw
    4. Michael Charles Doland
    5. Alexander M. Ivakhnenko
    6. ···
    7 lawyer answers

    Yes you absolutely need to speak to a lawyer before you go anywhere the inspector general. You have a serious criminal exposure to potential state and federal charges. You have also made a terrible mistake by discussing the facts of your case in a public internet forum. Never do that again. What you say to an attorney is strictly confidential. What you post on the internet, including on Avvo, is published to the entire world, including the inspector general and the United States Attorney,...

    13 lawyers agreed with this answer

  8. If a person who is drunk confess to a crime after 4-5 of interigation and is not guilty how can you fight it

    Answered 10 months ago.

    1. Joshua Sachs
    2. Melissa I. Smejkal
    3. Ethan Patrick Meaney
    4. Raymond George Wigell
    4 lawyer answers

    Very unlikely that anything can be accomplished at this late date, and your posting does not suggest that your son had a very strong case to begin with, but if there is any avenue of relief it is probably going to be through a post-conviction petition. Not too many attorneys care to handle those because they are difficult, specialized, and frustrating, but that is where you need to begin, by finding an attorney who is willing to look into it and see whether such a petition has any possibility...

    13 lawyers agreed with this answer

  9. My son was found guilty of 1st degree murder and not manslaughter. His lawyer told him to take the stand. Can We appeal?

    Answered over 1 year ago.

    1. Tai Christopher Bogan
    2. Michael Douglas Shafer
    3. Joshua Sachs
    4. Jonathan H Levy
    5. Michael Lawrence Doyle
    6. ···
    7 lawyer answers

    He can appeal (you can't, of course) if he is within the appeal time allowed by the law of the state in which he has been convicted. The court will appoint counsel on appeal if he cannot afford to retain an attorney. It sounds to me as though the issue you have in mind, i.e. the alleged faiilure of trial counsel to properly prepare and to present evidence, may be more appropriate for some form of collateral review (post-conviction petition, habeas corpus, coram nobis, or whatever process of...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If you consult a lawyer,and you have a warrant , but decide not to use him, is he obligated to turn you in ?

    Answered about 1 year ago.

    1. Ted Harvatin
    2. Joshua Sachs
    3. Judy A. Goldstein
    4. Alexander M. Ivakhnenko
    5. Ethan Patrick Meaney
    5 lawyer answers

    Not obligated; forbidden.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful