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Joshua Sachs

Joshua Sachs’s Answers

4,824 total


  • How can a bond say personal recognizance..$1500 if you weren't there, I thought you had to be in front of judge for any bond

    Personal Recognizance

    Joshua’s Answer

    I agree with my colleagues. Also, when an arrest is made on a warrant, the arrest warrant usually states the bond set by the issuing judge. Of course, any initial bond, whether set by Supreme Court rule, by an arrest warrant, or by a judge in court, can be reconsidered and modified on motion filed by either the defendant, who can ask that the bond be reduced, or by the prosecutor, who can ask that it be increased.

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  • What does remanded jurisdiction retained means in an appeal case ?

    Per curiam

    Joshua’s Answer

    In my experience which, please note, is not in Pennsylvania, it sometimes means, "We cannot decide your appeal until something gets clarified in the trial court. So we are sending it back there for specific and limited proceedings. In the meantime we will keep your appeal but put it on hold. Come back when the trial court has done what we need it to do." Your state may or may not have a similar procedure.

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  • What do I do to tell the judge or my public d and how I could be crushed if I am NOT with them or plead to stay with Home arrest

    My family and I practice in all the Mexican religion called the Santa Muerte which means the youngest son or daughter has to take care of the sick parents if not they will not enter into eternal life and become a Santa but yet dial only a better l...

    Joshua’s Answer

    If you tell that to a judge the response you are likely to get is, "You should have thought about that before you committed the crime."

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  • When can a party conduct discovery during an IL criminal case? Is up to or during trial okay?

    I can't find any timetable showing when discovery starts or ends during an Illinois criminal case, so am wondering if it can continue up to or even during time of trial?

    Joshua’s Answer

    In an Illinois criminal case one does not "conduct discovery" as one does in a civil case. The endless parade of depositions, interrogatories, notices to produce, requests to admit, and repeated visits to the judge on motions for sanctions and mutual fingerpointing, which are endemic to civil litigation, are unknown to Illinois criminal practice.

    In a felony, Rule 412-413 discovery is usually ordered at the first court appearance after preliminary hearing. Compliance may be literally immediate in a very simple case or it may take weeks in a complicated case with a major ongoing investigation. There is no discovery in an Illinois misdemeanor case, although there is some statutory and some constitutional disclosure.

    The discovery obligations continue to, through and even after trial if new information turns up. But discovery is only the beginning of a good investigation. The tools of investigation are many. High on the list are subpoenas and shoe leather.

    I agree with my colleagues that the defense of a criminal case is not a do-it-yourself project. I suggest that you put your case in the hands of an experienced and capable attorney unless you just want the experience and do not care too much about the outcome.

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  • What can i do as a witness to a murder and the wrong person is found guilty

    I was a wetness to a murder about 5 yeas ago the person that was on trial for the murder did not do it he was found guilty and was sentenced. I never got to testafie for him because his lawyer never called on me. I need to know what should this pe...

    Joshua’s Answer

    There is nothing that you can do except to suggest to your friend that he contact an attorney who is familiar with Illinois post-conviction proceedings. My guess is that he already knows this, since there isn't a prisoner in the state who does not think about post-conviction petitions night and day. If your friend and his lawyer think that your information might help, they will contact you. Just let your friend know that you are available and where you are. I would not do anything else unless and until you are contacted by counsel.

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  • Are transcripts essential to preserve your case for appeal? Litigation is expensive and i was wondering if it was worth it

    I am wondering what factors attorneys consider when they decide whether not to get a court reporter for their case and if there is more than one reason why it's good to have a court reporter because they're pretty expensive but I don't want to be...

    Joshua’s Answer

    If you have to appeal the outcome of a trial you will find it virtually impossible to do so successfully without a court reporter's transcript. Yes, Illinois law makes provision for what is called a bystander's report, but unless you have a very simple trial on virtually agreed facts you will find the preparation of a useful bystander's report that the judge will agree to certify almost impossible. Of course, you can limit your appeal to those legal issues that are fully presented on the pleadings, written motions, and orders. You don't need a transcript for that. But you will not be able to raise any issues involving trial error or any other oral proceedings.

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  • Where do I begin appeal. I was sentenced in a county court. Should it not be Federal.

    I was charged with defrauding Social Security after death of joint account holder who was recipient. Social Security was notified several times that she was dead. I inadvertently used some of the money, could not repay and was arrested. I was to...

    Joshua’s Answer

    Your question and your description of the status of your case is not entirely clear. As I understand your posting your were prosecuted in the Pennsylvania state courts for SS fraud, you entered a plea of guilty, and you were sentenced to probation, which you are now serving. The fraud you describe could have been prosecuted as a federal charge, as a state charge, or both. It sounds as though in your case the state charged you and the feds did not. Therefore, any challenge to your conviction would have to be pursued through the Pennsylvania state court system. The charge is not going to "dropped." You already pled guilty.

    Whether you can challenge a conviction after a guilty plea, and if so how, varies considerably from one jurisdiction to another. You need to talk to a Pennsylvania attorney to learn whether there is anything you can do under Pennsylvania law to challenge your plea. Possible remedies might include a motion for leave to withdraw the plea, an appeal, or some other procedure. As I said, this varies a lot from state to state.

    Remember that withdrawing a guilty plea can make things a lot worse instead of better. You pled guilty in the hope that you would get probation instead of jail or prison. You got what you asked for. If you succeed in withdrawing your plea you might find your case back at square one, and you could be looking at prison time again. If you did not think you could beat the case before, why do you think you can beat it now?

    Talk to a PA attorney about this situation. An online Q&A forum can give you no more than a few off-the-top-of-the-head suggestions. You need a serious evaluation of your case.

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  • Does this qualify as double jeopardy?

    I am a minor and was arrested for unlawful possession of a controlled substance while in my car, which they impounded for operating a vehicle while committing the above crime. Yesterday I went to a adjudicatory hearing for the impounding of the...

    Joshua’s Answer

    No it is not double jeopardy. The hearing at which you appeared was a civil administrative hearing and you were never "in jeopardy" within the legal meaning of that term because you were not facing a criminal charge. So you can be charged now. You may be able to successfully defend against the charge, but a double jeopardy theory is not going to help you.

    A criminal charge is not like an administrative hearing and the potential consequences are far more serious. I strongly recommend that you have an attorney represent you if charges are in fact filed against you. Good luck.

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  • Question is can I get it expunged or sealed there was no weapons involved it was like a month after I turn 18 im 21 now.

    I have a felony in my record for a strong arm robbery I got 30month probation im about to finish my probation in may 2016 I haven't been arrested since or never violated my probation

    Joshua’s Answer

    Illinois allows expungment of records only for charges that do not result in conviction. Sealing is allowed only for many misdemeanors and some Class 3 and Class 4 felonies.

    Because your case resulted in a conviction you are not eligible to have your records expunged.

    Because you were convicted of robbery, a Class 2 felony, you are not eligible to have your records sealed.

    Sorry to have to give you a disappointing answer, but you are stuck with your criminal records until such time as the legislature may decide to change the law. You can also submit a petition to the governor requesting a pardon and order to have your records expunged, but as a practical matter pardons are not easily obtained, and a request for a pardon is seldom granted unless the petitioner can show a lifetime, like two or three decades, of blames and socially useful life. So for the time being, at least, I do not see anything that you can do about eliminating your record.

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