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Joshua Sachs

Joshua Sachs’s Answers

4,443 total


  • I was assigned an attorney for appeal

    they attorney who assigned to my appeal sent me one letter. I emailed and called this attorney a lot with no response. The letter said that he was going to view the case and determine whether there were grounds for an appeal (there are two cases, ...

    Joshua’s Answer

    Who was the actual defendant? Was it you or was it your sons? If you were not the defendant that might explain why you did not receive either a brief or a motion for leave to withdraw, which might have gone to your sons rather than to you; although in that case I wonder why you received the introductory letter at all. I am sure that for a modest charge an attorney familiar with criminal appellate practice in your state could make some inquiries, figure out what has happened and why, and explain to you what, if anything, can be done.

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  • What does "Offense/Statute:Aggravated Criminal Sexual Assault/vic 9-13 (4 Counts)" mean?

    I'm living next door to a person that is a registered sex offender and I would like to know what does these charges mean. .... & yes, I'm looking to move.

    Joshua’s Answer

    You won't know for sure without reading the file in the clerk's office, but this is my top-of-the-head reading. Aggravated Criminal Sexual Assault is the current formal statutory name in Illinois for the crime traditionally called Rape. "vic 9-13" probably means that the person raped was between 9 and 13 years old. "4 Counts" does not tell you much and could mean many different things. The one thing is certainly tells you is that the prosecutor chose to file four separate formal charges. But that could still mean that only one crime was committed and that the prosecutor charged the same crime, arising out of the very same act, in four alternative ways so as to maximize the probability of a conviction on at least one of the counts. On the other hand, it might indicate that more than one criminal act was actually committed, although the acts might be closely related.

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  • Double Jeopardy in Illinois: Driving on suspended license & Failure to carry/display license

    Buddy got two SEPARATE tickets at the same time (same traffic stop). 1) Driving on suspended license: ILCS 625 5/6-303(a) 2) Failure to carry/display license: ILCS 625 5/6-112 While I researched and these are both legitimate...

    Joshua’s Answer

    That is not what double jeopardy means, not even close, and the charges are entirely proper.

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  • Are there other statutes as these that will help? Should he pursue an appeal to obtain his release as soon as possible?

    Hello, my brother (we believe) was improperly charged by information (word say only) with a capital sexual battery offense by the state of Florida and probably after the FL statutes of limitations has passed. Also, He was not charged by indictment...

    Joshua’s Answer

    I am sorry but you are hopelessly confused and hopelessly over your head in this extraordinarily difficult situation. The only thing you can do is consult one of the attorneys in Florida who is knowledgeable and experienced in the appellate and collateral review of criminal convictions in that state. I can assure you that you do not even begin to comprehend the citations that you are swinging about so casually. Sorry to be blunt, but this is a lot tougher than you have any idea. Your brother is in a deep, deep hole and he is going to be a lucky man indeed if anybody can dig him out.

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  • My brother was beaten by staff in booking at the Will County jail and injured. How can he get legal help from jail?

    He's there for something to do with contempt and made a smart ass comment to staff. While complying with staff and lying on his stomach, he was kicked all over and repeatedly punched in the back of the head. The next day, he was only given asprin ...

    Joshua’s Answer

    I have seen some remarkable videos from the inside of the Will County Jail.

    There are two distinct and very important problems here and they have to be dealt with in order. The first is that the defense of his criminal case takes priority over everything else. He should retain an attorney immediately to represent him on his criminal charges.

    Once defense of the criminal case is well in hand, and with the advice of his criminal defense attorney, he should find a lawyer who handles civil rights litigation and who is prepared to evaluate his situation for any available civil remedies. The civil rights attorney and criminal defense attorney should coordinate their efforts so that no harm is done to either aspect of the case.

    Your friend is in a very delicate situation. He should do absolute nothing on his own, but should work exclusively through his attorneys. And he should not let any grass grown under his feet.

    He should absolutely not approach the police or the prosecutor. This must be handled very carefully by the attorneys.

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  • In a motion for re-hearing in the District Court of Appeal, how many days does the opposing party have to file an opposition....

    ...without requesting extension of time?

    Joshua’s Answer

    In my experience, which is not in Florida, petitions for rehearing are so rarely granted that the opposing party seldom bothers to respond and the petition is usually denied by the court without any response being filed. I repeat, my experience is not in the State of Florida, which may do things differently.

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  • What does affirmed mean you lost your appeal?

    What does counsel was not ineffective for allowing her to plead guilty mean?

    Joshua’s Answer

    Affirmed means that the judgment of the trial court is upheld. If you are the one who took the appeal, then you lost.

    "Counsel was not ineffective" means exactly what it says. You apparently asked the appellate court to vacate your guilty plea on the grounds that the attorney who represented you on the plea was inadequate. The appellate court was not persuaded that the attorney handled the case badly. So, again, you lost your appeal.

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  • Deferred Prosecution for international student

    Is there a possibility that my attorney can negotiate with the ASA so that I can qualify for the Deferred Prosecution program that would have no immigration consequences? For example, can I enter some sort of pre-plea agreement (in IL) that does n...

    Joshua’s Answer

    From a Class 3 felony to diversion? That is a pretty big gift you are asking for from the prosecutor. It is theoretically possible. The prosecutor has complete discretion over charging decisions so it could be done if . . . . I would not be surprised, however, that even if the courtroom ASA was inclined to go along with this wonderful disposition that you have in mind, a supervisor's approval would be required. An attorney who is well respected in Macon County is your best choice. And one who is willing to do the work to put together a strong mitigation presentation for you.

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