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Joshua Sachs

Joshua Sachs’s Answers

4,353 total


  • For second chance probation, how long do I have to wait to expunge it?

    I have a felony criminal change and they offered me second chance probation. When can I expunge it? Does the time start from when I plead guilty or when my probation is over? Thanx

    Joshua’s Answer

    I agree with Mr. Cameron. "Second chance probation" is a new concept in Illinois, only recently enacted by the legislature and with little, if any, interpretive law. The idea is to provide for people charged with certain less serious types of felony an equivalent to supervision that will not count as a conviction. I have not yet had the opportunity to sit down with the "second chance probation" and exppungement statutes to determine how and to what extent they correspond to each other, and neither statute is a model of clarity.

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  • Should I allow the state to try to get a federal court appeal dismissed?

    I filed a sect. 1983 claim against the state in Federal Court. State was successful in getting case dismissed in Federal District court. I filed appeal in the 9th circuit. They admit their reasoning was flawed and want to file a motio...

    Joshua’s Answer

    You are not likely to get much of a precedential opinion if the State files a confession of error. But you won't waste much judicial time, either. The court can grant the motion over your objection in a one-sentence order if it is so inclined.

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  • Can an officer continue asking questions after you've asked for a lawyer?

    My boyfriend was driving with an expired license, no insurance, and was pulled over for speeding. When the officer came to the window he said he did not want to speak to the officer until he's spoken to a lawyer. His father was with him and steppe...

    Joshua’s Answer

    Even assuming that the questioning at the station was improper, which it may not have been (I see no obvious impropriety in anything that happened at the scene of the stop) it will have no effect on the outcome of the case because your BF apparently said nothing substantive but only provided his name and similar booking type information. Suppression of improperly obtained evidence would be the only remedy for improper questioning, and since no evidence was obtained there is nothing for a court to suppress.

    By the way, your BF and his father showed very poor judgment in getting out of the car unless the officer directed them to do so. That is the sort of thing that leads to confrontations and injuries.

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  • Filing a Fraudulent document/affidavit in a County court is a State or Federal Crime?

    If a fraudulent document/affidavit is filed in a county court in TX, Is it a state crime or federal crime? Who is authorized to investigate? As per legal info, it can be a Federal crime (since mail/wire fraud also has happened prior to filing the ...

    Joshua’s Answer

    Assuming that the document in question is truly fraudulent, and assuming further that it is filed with a fraudulent intent, it might be prosecuted by either or both, depending in part on whether or not the mail, a courier or a wire transmittal were at all involved. But litigants in private cases, and particularly in divorce litigation that one of my colleagues mentioned, tend to hold much broader conceptions of what constitutes fraud or, especially, perjury than any prosecutor would. In general, no prosecutor wants to be used as anybody's muscle in a private quarrel, and cases with that kind of background are seldom accepted for criminal prosecution at either the state or the federal level.

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  • I got a city ordinance violation notice for drug paraphenlia, I'm wondering if I just pay the fine does it show up anywhere?

    I'm 18, Was arrested previously for marijuana possession (1 gram) and paraphenlia but charges were dropped. The incident happened in Hanover Park, Illinois

    Joshua’s Answer

    It might, it might not. Different municipalities treat ordinance violations differently. Some arrest, some usually not. Some report to the state, some not. In some a fine is a conviction, in others it is a compromise without conviction. Some have their violations heard in court, others by a municipal hearing officer. It is best to consult an attorney who will check the municipal code and, if appropriate, talk to the city attorney.

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  • Where can I look to see if a clemency has been approved or not? Its for a state inmate that filed years ago?

    It was a drug case.

    Joshua’s Answer

    There was apparently a huge backlog of clemency petitions left over from Governor Blagojevich. and I doubt that Governor Quinn was able to get through them all, although he tried. It is a slow process and is probably still backed up.

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  • What do i do when i have signed a conviction to a class 1 felony and have been charged with a class x

    i have papers saying it was a 4 year sentence at 50 percent with 2 years parole when a class x is 6 at 50 percent 3 years parole

    Joshua’s Answer

    I am sorry but your question is hopelessly confusing. If you have an attorney, that is whom you should be asking. If not, you should get one. It is not clear what these "papers" are that you are trying to tell us about. The only thing that might make any sense is that you were charged with a Class X felony but were actually convicted of a less serious Class ! offense instead. That can certainly happen. But you need an attorney to look at your case file and explain to you what has happened. Based on your posting we can only hazard a rough guess as to what is going on, and you should not rely on that.

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  • My car was used in a homiced. What are my options

    I was brought a car under the terms that put in my name and when ever it's needed to be used by my comrades that I would let them . I parked the car and left the keys in it. And it was used in a homicide. What are my options

    Joshua’s Answer

    This is a very dangerous situation for you, far beyond the capacity of an online Q&A forum to give you any help. It is possible that you are implicated in a murder and it is certainly likely that the police will want to investigate the extent of your involvement and knowledge. You should consult an experienced criminal defense attorney immediately and in the meantime you should discuss this case with absolutely nobody - certainly not with any of the other people involved with this car and certainly not with the police - and you should not post about this situation online. If you can ask Avvo to erase your posting you should do so. First thing tomorrow morning make an appointment with one of the many excellent and experienced criminal defense attorneys in Cook County. You have no other acceptable options. That is what you must do.

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  • How do i go about reopening a sexual assault case that has insufficient evidence ? the whole case is bogus...

    i was 18 years of age the female was 17 we was at some friends house i was highly intoxicated she was sober i was passed out drunk she was also sleep she said when she woke up someone had her pants down playing with her viginia and she got up and...

    Joshua’s Answer

    I agree with my colleagues. What you want to do may not be possible . . . probably isn't. But you will have to consult an attorney in your own state who is familiar with what is called "collateral review," meaning criminal remedies like post-conviction proceedings, habeas corpus, or whatever the available procedures may be called in your state. Don't be surprised if the evaluation you receive is deeply disappointing, but check it out and see if anything can be done. Hope for the best, but . . . .

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  • If you have already beed discharged unsuccessfully from probation then get another charge can you get probation.

    The first charge was attempted forgery and was given probation. I was discharged unsuccessfuly. I have another charge now nine years later. Will that effect me getting probation for my new charge.

    Joshua’s Answer

    It is factor that might make a judge reluctant to give you probation again, but it does not make a second probation legally impossible. With a good attorney, good facts, and a sympathetic judge, you could have a chance.

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