Joshua Sachs’s Answers

Joshua Sachs

Evanston Appeals Lawyer.

Contributor Level 19
  1. Charged with Shoplifting , will it effect my immigration status and citizenship.

    Answered almost 2 years ago.

    1. Joshua Sachs
    2. Justin G. Randolph
    3. Steven H. Fagan
    4. Steven Constantine Kyriazes
    5. Christian Schmidt
    6. ···
    7 lawyer answers

    I strongly advise you to have an attorney represent you on this case. Unfortunately, a retail theft charge can indeed have immigration consequences. Federal immigration law considers this a crime of moral turpitude. Be very careful about the disposition of this case. A disposition of supervision, while not a conviction for purposes of Illinois state law, may nevertheless be counted against you by immigration. If your criminal defense attorney is not fully familiar with the immigration...

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  2. I recently lost a judgment on a 2nd DUI bench trial, and want to file for an appeal or new trial. Please see below.

    Answered about 1 year ago.

    1. Joshua Sachs
    2. Laura Diane Horner
    3. Gerald R Stahl
    4. Ethan Patrick Meaney
    4 lawyer answers

    There is no way to tell from your posting and in a case like yours even a review of the court file might not answer whether you have much hope of success on appeal. Your trial attorney might have some idea. But you may just have to get your notice of appeal filed within the time required and order the transcript. If a study of the transcript shows that your attorney has nothing to work with, then you can withdraw the appeal. For what it is worth, I have been doing criminal appeal work in...

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  3. Possible to reduce class x dui to class 1?

    Answered over 1 year ago.

    1. Ted Harvatin
    2. Joshua Sachs
    3. Judy A. Goldstein
    4. Robert H. Hanaford
    5. Harold L. Wallin
    5 lawyer answers

    Whether to reduce the charge or not s entirely up the prosecutor. A reduction is always theoretically possible, but it will only happen if the prosecutor is willing to make the reduction. The price of a reduction in charge is, almost invariably, a plea of guilty to the charge as reduced. It is by no means clear that your brother is interested in paying this price. If your brother does not want to plead to a Class 1 and the prosecutor is unwilling to climb down from a Class X without a...

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  4. How do I have a conflict attorney appointed instead of the public defender?

    Answered almost 2 years ago.

    1. Joshua Sachs
    2. Tracey Lyn Sticco
    3. Jason Michael Reid
    4. Jonathan Hackworth
    5. Sarah Gloria Jonovich
    5 lawyer answers

    That is not what "conflict" means. A conflict exists where the public defender's office represents two defendants with different interests. You do not have this. What you have a disagreement with you attorney about how best to handle the case. In a sense both you and PD are right. The law gives you the final decision whether to plead guilty or to go to trial, and if you insist on a trial then the PD must accept your decision. But your lawyer, be it a PD or a private attorney, has a duty...

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  5. How to withdraw the guilty plea if sentenced prisoner is mentally not adequate?

    Answered about 1 year ago.

    1. Joshua Sachs
    2. Melissa I. Smejkal
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    This is a touchy situation. Your son might be able to withdraw his guilty plea if he files the necessary motion within thirty days of imposition of sentence . . . but it is up to the judge whether to grant the motion and let him withdraw the plea or not. If the judge denies the motion your son's only remedy is to appeal, a long and slow process during which he would probably remain in prison. If the thirty days have already passed his problems are a lot tougher, He might be able to obtain...

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  6. Is it better to go to trial together or separately?

    Answered almost 2 years ago.

    1. Joshua Sachs
    2. Jeffrey Allen Fagan
    3. Karen Kenner
    4. Judy A. Goldstein
    5. Patrick Owen Earl
    5 lawyer answers

    You realize, don't you, that according to your scenario all three are guilty of murder and it doesn't matter who killed whom? Regardless whether it might be technically permissible for Tim and Jack to have the same lawyer, it is hard to imagine how that could possibly be a good course to follow, let alone the "best" one. I never have and never would represent two defendants in a single case, even though there are circumstances in which multiple representation might be permitted. Would...

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  7. Can I appeal a sentence because it violates my constitutional freedom of life , liberty, and the pursuit of money (happiness)?

    Answered about 1 year ago.

    1. Joshua Sachs
    2. Jeffrey Lewis
    3. Thomas J. Wagner
    4. Sarah Jessica Farber
    4 lawyer answers

    "Life, liberty and pursuit of happiness" is a phrase from the Declaration of Independence, not the constitution. At the most it states a political aspiration, and it does not declare or establish any right cognizable at law. You do have a constitutional right to due process of law, which includes prohibitions on cruel and unusual punishment, but you are unlikely so succeed on those grounds on the facts you set forth in your posting. You may or may not have a challenge to your sentence under...

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  8. Is there a best practices to win a case in a way to prevent an appeal?

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Joshua Sachs
    3. Stephen Joseph Cipolla
    4. Michael John Tonsing
    5. Kyndra L. Mulder
    6. ···
    6 lawyer answers

    Very case-specific. There is no one-size fits all answer and in many cases to do what you suggest is simply not possible.

    12 lawyers agreed with this answer

  9. Should I worry?

    Answered almost 2 years ago.

    1. Joshua Sachs
    2. Michael Raymond Daymude
    3. Shawn Michael Haggerty
    4. David Mark Wallin
    5. John M. Cromwell
    6. ···
    7 lawyer answers

    Yes, of course you should worry. You are the target of a criminal investigation and the police are looking for you. Absolutely do not meet with or speak to any police officer and do not discuss this matter with anybody except your own attorney whose loyalty will be to you and to nobody else. Retain a good criminal defense attorney immediately, like first thing tomorrow morning if you have not done so already, and leave it to your lawyer to make contact with the detective. By the way,...

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  10. I have a misdemeanor conviction of domestic battery on my record in Illinois. Do I have to disclose this on apps in Wisconsin?

    Answered almost 2 years ago.

    1. Joshua Sachs
    2. Melissa I. Smejkal
    3. Judy A. Goldstein
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    I assume this was in fact a conviction and not a supervision because, as I recall, supervision was already not a permissible disposition for domestic battery in 1999. The bad news is that no conviction in Illinois can be expunged and a domestic battery conviction cannot be sealed, either. The only available remedy is a pardon from the Governor and the procedure for seeking a pardon is long, slow, expensive, difficult, and usually unsuccessful.

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