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Joshua Sachs

Joshua Sachs’s Answers

4,820 total


  • Is it no due process, double jeapordy, and cruel punishment to double a parking ticket if you can't pay in 25 days?

    The city has a policy of issuing a parking ticket for a violation. You may request a hearing and if found guilty, you must pay within 25 days or the ticket DOUBLES in price. There is no hearing after the ticket DOUBLES. I'm thinking a Due Process ...

    Joshua’s Answer

    Nope. None of the above. And yes, we have come, or come down as you see it, to this.

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  • How long can this go on? When will this case be dismissed? Can we do something to stop her from telling the son about the case?

    3 years ago my husband went to pick up his then 3 year old son from his ex-wife at her house. However, She started an argument and started to hit and shove him while the son was in his arms and he was walking to his car. He pushed her off of him ...

    Joshua’s Answer

    Whether to insist on a speedy trial is a serious and sometimes difficult decision that only his attorney can make. Sometimes it is the worst thing one can possibly do. As my colleagues have all told you, you pose important questions that only his lawyer can answer.

    You ask ""[w]here is his right to a speedy trial?" I know nothing about this particular case but I can tell you that just because you have a legal right does not necessarily mean that you ought to exercise it. Plenty of people have ridden their legal rights straight into the penitentiary. I have seen it happen often. There are reasons that the case is being handled the way it is. Your husband's lawyer knows what those reasons are; we do not. That is whom you should ask.

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  • Can this be removed and have my rights reinstated?

    I was charged with domestic assault when I was 18, I'm now 34 (16 yrs ago). I have no other charges on my record, have been serving honorably in the Military for 13 yrs, and do not plan on returning to illinois (live in GA), I was married for 9 ye...

    Joshua’s Answer

    That would take a little checking. Illinois does not expunge convictions, but for some offenses there is an exception for honorably discharged veterans who can obtain a certificate of eligibility from the Prisoner Review Board. Similarly you might be able to get a certificate of eligibility for sealing if you cannot get one for expungement. Your situation is beyond the capacity of an online Q&A forum to resolve. I suggest that you contact an Illinois attorney who is familiar with our state law governing criminal records. If all else fails, given your apparently good background, the age of your conviction, and your youth at the time of the offense, you might be a candidate for a governor's pardon and order for expungement, although that is always difficult to obtain. Explore the certificate of eligibility route first.

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  • Would that be okay as long as I have the paperwork stating that I have completed the hours?

    Hello I have been doing community service at this one place and I need about 70 hours done. I asked the manager of the community service if I would be able to pay the rest of my hours off as a donation and he said to ask a lawyer about it. Im quit...

    Joshua’s Answer

    Don't try that without the judge's consent, it could get you violated.

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  • Does that mean it was sealed automatically?

    I was arrested in 2012 for 2 class 4 felonys in cook county and my lawyer did nolli pros and motion to vacate and when I finished my drug court probation my judge said I now have a clean record

    Joshua’s Answer

    No records in Illinois are sealed or expunged automatically. If you have never, ever, had a conviction in any state or federal court then you may be eligible to have your arrest and court records expunged. If you have a prior conviction you may still be eligible to have your records sealed. But until then you have arrest and court records that a background check will find.

    I think what the judge meant to say is that no longer have a conviction. But you need to do something about your record.

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  • Are video recordings admissible evidence?

    The alleged victim has accused a person of assault. The defendant is charged. Few weeks later the alleged victim was recorded on a video talking spontaneously and saying what really happen on the day of the alleged assault. Can this video recordin...

    Joshua’s Answer

    I defer to my Florida colleagues on this, but if you are the defendant in this case I strongly suggest that you discuss this issue with your attorney. I do not know what the law is in Florida, but in some states there are laws against non-consensual recording, and you want to make certain that nothing in this video, or your possible connection with it, could subject you to prosecution.

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  • Could I motion to have these charges dismissed for violating my right to a speedy trial / inability to give a fair trial

    I was arrested for unlawful possession of a controlled substance. They sent the substances off to the illinois crime lab and an attorney I talked to said it could take up to a year for the results to come back. If it does take that long, I lose...

    Joshua’s Answer

    I agree with my colleagues. You are very premature in even thinking about a speedy trial issue. The video footage is no problem. If your attorney thinks it is a good idea to have it (there is always the danger that it will help the prosecution more than it will help you) it should be ordered now. That would be essential even if you had a much shorter trial date. Same with witnesses. You contact the witnesses now and nail them down. The date of the trial has nothing to do with the timing of your investigation, which should normally begin as soon as possible after arrest.

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  • If my backpack is locked with my lock can a cop take the key I have on me for it and unlock it without my consent or a warrent

    I am homeless and unfortunately a drug user so I carry a backpack everywhere with me that has drug paraphernalia in it that I lock up with a key opened master lock so I am trying to find out what the police can and cannot do if I have the key to t...

    Joshua’s Answer

    I see no legal difference between a combination lock and a key lock. The police can open either with a warrant, with your consent, or if one of the many exceptions to the warrant requirement applies under the circumstances of your situation. Your question is the kind that can only be answered upon the facts of a specific case, and even then perhaps only by a fully litigated motion to suppress.

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  • In an appeal, who reads the record

    Do the judges themselves read the transcripts and motions? Or do they have legal assistants that do that and tell them what happened?

    Joshua’s Answer

    On the practice of Michigan appellate courts I defer to my Michigan colleagues. This is just an additional observation about criminal appellate practice in general.

    Reading the transcripts of a trial, especially a long jury trial, is time-consuming and inefficient. If the judges had to read the entire transcript on every case they would never get anything else done. And a transcript is wasteful, often containing page after page of material of minimal importance. It is the job of the appellate attorneys to master the transcript and summarize the important facts (with citations to the record) for the court so that the judges do not have to do it. The attorneys will also point out any truly important sections of the transcript that the judges actually need to read for themselves and may include those portions as an appendix to the briefs. My experience is that in one way or another the judges will be familiar with those parts of the transcript that matter.

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  • See detailed question. I will meet with a lawyer when I can obtain the full affidavit. Just want my ducks in a row

    a search and seizure warrant was executed in my home. The warrant was for computers and their related storage devices, including but not limited to cell phone&other electronic storage media. I was given a copy of the signed warrant, the rest of th...

    Joshua’s Answer

    Don't wait two weeks. Get a an experienced criminal defense attorney immediately. 4th amendment cases are intensely fact- and detail-specific and the analysis of a search, including the execution of a warrant, is far beyond the capacity of an online Q&A forum. Just off the top of my head, the points you raise in your posting do not sound particularly hopeful for you. But remember, I might spend five or ten minutes researching my most thorough and detailed Avvo responses, whereas if I were actually defending the poster as a client I might put scores, or sometimes even hundreds, of hours into the research and preparation of a defense.

    All an online legal forum like this can really do is to tell you whether you need help and to point you in the right direction. You need help in a big, serious way. If you do not already have references for attorneys whose criminal defense work is generally respected in the Hartford area, you might start with the find-a-lawyer tab at the top of this page. But don't wait. Get a lawyer on board now. The earlier we get involved the more we can accomplish.

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