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Joshua Sachs

Joshua Sachs’s Answers

4,438 total


  • Can police search my car after I say he cant , he said his dog indicated drugs and I knew he was lying

    I was coming from Indiana on my way to CA , I was riding on the interstate when I saw an police car sitting on the side of the interstate , he looked at me and got behind me , and follow me for about 20 or 25 miles , then he pulled me over and ask...

    Joshua’s Answer

    Very fact- and detail-specific question. The authority of the police to conduct warrantless searches of automobiles is much broader than the authority to search most locations, but it is not unlimited. if drugs were found and you are prosecuted your attorney will consider whether a motion to suppress is appropriate. If nothing was found there will be no determination of the propriety of the search unless you attempt to bring a civil action against the police. Deal with any criminal case first, then if you still want to you can consult a civil rights attorney.

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  • Does the statute of limitations apply to my case?

    I was arrested 3 years ago on a misdemeanor charge while on vacation in the state of Florida. I agreed to a pre-trial diversion contract because I could not afford to stay in Florida long enough to show up to court. I then went back to my home st...

    Joshua’s Answer

    Contact a lawyer in Florida. I doubt very much that you have a statute of limitations issue for at least two reasons. First, a statue of limitations governs how long the state has to file a criminal charge after a crime is committed. Since is appears that a charge was filed in this case years ago, and apparently filed fairly promptly after the crime was committed, the statue of limitations would have nothing to do with your situation. Second, even if your case did present a statute of limitations issue, such statutes are usually tolled (that is to say, there is a "time out" on the statute of limitations) while you are out of the state.

    So my guess is, statute of limitations will not help you at all and will not be a factor in this case. There may be other issues that will help. Now go and call a Florida attorney. If you do not have one already, and do not have recommendations, you could use the find-a-lawyer tab here on Avvo to look for criminal defense attorneys in the part of Florida where you are being prosecuted.

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  • Where do I file an appeal on a municipal ruling?

    I was fined by the city in a municipal hearing. I have since found that the municipal code was not followed by the city. I was fined for high grass but was given only 3 days to fix it before they sent city contractors to cut it. The municipal code...

    Joshua’s Answer

    The first thing an attorney would do is examine the Joliet municipal code to see whether the city affords a review or appeal procedure. If so you should pursue that avenue before anything else. If that fails, there may be some kind of administrative review procedure in the circuit court, as one of my colleagues has suggested. As has also been noted, the expense of court review might substantially exceed the fine for the violation.

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  • Will IL automatically extradite someone for a class 3 felony from Fl? Can you fight the extradition?

    will they come get you for a class 3 felony in IL that you have 2-5 yrs of possible prison time? Also, can you fight the extradition, assuming they do pick you up on the warrant?

    Joshua’s Answer

    The grounds for challenging extradition are extremely limited and such a challenge is seldom successful. But in theory, can you contest the extradition. Yes, of course. That is why you get an extradition hearing. Some defendants waive the hearing because they have no grounds for contest, but certainly that is your right.

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  • Is being in solitary in prison a reason to appeal a default?

    My ex did not respond to a petition for divorce with a child and he claims he defaulted because he was wrongly put in 'the hole' and therefore could not answer. Does that make any sense?

    Joshua’s Answer

    I defer to my Florida colleagues. I will only add that a default is not a victory for you which you are entitled to hang onto; it is a wake-up call to the defendant. A court will always prefer, where the law allows, to vacate a default and hear the case on the merits. And that is only fair, isn't it?

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  • Does a police officer who has been assaulted in the 2nd degree w/a deadly weapon need a search warrant to enter a property to

    Arrest the assailant ...

    Joshua’s Answer

    Not if it is in hot pursuit. Otherwise it depends on many factors.

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  • I took a plea that required a maximum 10 year registration period on the sex offender registry in 2004.

    since the plea they have enacted retroactive registration laws and new registration lengths. can I enforce my plea agreement? I would have came off the registry last year having already fulfilled all my requirements of my plea deal.

    Joshua’s Answer

    A very difficult question to answer. When I last litigated a similar question quite a few years ago the answer that I got from the courts in Illinois rejected your position. Perhaps other states have decided differently. The problem that you have is that the courts tend to consider registration as a collateral consequence of the conviction, and therefore not subject to the prohibition on ex post facto increase in punishment. Unrealistic? Unreasonable? I thought so, too, but I believe that the majority of courts have taken the same view as Illinois. You might want to explore this issue with counsel who is prepared to look into it for you.

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  • Is a state appeals court opinion controlling (or merely instructive) over a federal court?

    Is a state appeals court opinion controlling (or merely instructive) over a federal court from the same state dealing with the same question?

    Joshua’s Answer

    See my answer to your other posting of this question.

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  • Is a state appeals court opinion controlling (or merely instructive) over a federal court from the same state?

    Is a state appeals court opinion controlling (or merely instructive) over a federal court from the same state dealing with the same question?

    Joshua’s Answer

    If this is a state court case and an issue of state law, the state opinion will control (in the absence of contrary state authority) and the federal decision will be . . . interesting and sometimes useful but is not binding. If this is a state court case involving a federal question, the state court will recognize the federal decision as being (again, in the absence of contrary authority) an authoritative statement of federal law. If your case is in federal court, the federal court will recognize a state court decision as an authoritative statement of state law. A federal court will seldom site a state court decision on a federal issue, and only in very unusual circumstances and such a decision really carries no legal weight.

    All that being said, keep in mind that it is relatively rare for a decision to be so precisely on point as to control the outcome of a case. Lawyers cite cases all the time, but usually we are trying to weave a web with them, not to hit a bull's-eye.

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