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Joshua Sachs

Joshua Sachs’s Answers

4,826 total


  • CAN A APPEAL HURT A PERSON ONCED THEY GET SENTENCED

    MY FRIEND PUT IN A PLEA AND GOT SENTENCED WHAT IS HIS OPTIONS TO A APPEAL IN A FEDREAL COURT......COULD THE GIVE HIM MORE TIME

    Joshua’s Answer

    I take it your question is, if the defendant appeals from his conviction or sentence could the ultimate result be a longer sentence? The general rule is that a defendant who successfully appeals from a conviction but who is again convicted after a new trial cannot be punished for taking an appeal by being given a longer sentence after the second conviction. But there are exceptions, so the answer to your question is, usually not but it could happen.

    An online Q&A board like this is an inadequate forum to discuss when a defendant might be exposed to an increased sentence after appeal. This is something that your friend should discuss with his attorney.

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  • I may get charged with a theft misdemeanor, can I still get scholarships and go to college?

    It was a wrong place wrong time situation. I went to the store with some friends, and one of those friends decided that he wanted to load his bag with over $200 worth of merchandise. I ended up with one thing in my pocket, because he begged me to....

    Joshua’s Answer

    First, I should clarify that when Mr. Moscow said that "you and your friends should consult an attorney" he did not mean that you should all go to the same lawyer for advice and defense. Absolutely not. You should hire your own attorney whose duty and loyalty are to you and to nobody else. The same holds true for each of your friends, of course, but what they do is their business and I am responding to your question. Get your own lawyer and do it now.

    Next, you should know that Illinois tends to be lenient with first-time retail theft offenders. If this is your first time being charged it is very possible that a good attorney can get you out of this mess without a conviction and without a criminal record. That is the outcome you want if at all possible, and although I cannot promise or predict what will happen, it may be possible. Much depends on the practice in your county and on the attitude of the judge, the prosecutor and the merchant. A first-time retail theft defendant in Illinois can have a reasonable hope for a good resolution. But you need an attorney, and I suggest you retain one whose criminal defense work is well-respected in your county.

    Next, please understand that Avvo is not a confidential legal consultation. It is a public online Q&A forum that anybody, including the police and the prosecutor, is free to read and to use. If the police were somehow to find and recognize your posting, and such things have indeed happened, your own words could be used in court to convict you. So, no more internet posting about this matter, and if you can get Avvo to take down the posting you have made, do so. Discuss this matter with your own attorney and with nobody else.

    Finally, one more bit of advice on the basis of over forty years in criminal defense practice. The phrase "wrong place at the wrong time" must be permanently stricken, and forever banned, from your vocabulary and you must never, ever, let a judge hear you say that. In a serious case it could add a year or two to your sentence. Judges react very badly to what they perceive as a defendant's failure to accept full responsibility for criminal conduct, and words like that will convince many judges that deep inside, you just don't get it . If that is what the judge thinks, expect to be hit harder.

    The important thing is, get your own lawyer and discuss this case with nobody else. As for the future, being a thief is nothing to be proud of. If you have any leanings in that direction, get over them. Consider getting some different friends.

    You may very well come out of this all right this time. Don't do that kind of thing again. Good luck to you.

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  • I recently got my criminal record sealed only one case but it came up on a background check what do I do now?

    I recently got my criminal background sealed got both letters from Chicago police department and Illinois state police saying it was still but I applied for employment and it still came up on a background check.

    Joshua’s Answer

    There could be a number of reasons this happened. Two obvious possibilities are that (1) the background check was conducted after the order to seal was granted by the court but before the agencies had completed their compliance and (2) the position you applied for has legal access to sealed records. There could be other explanations, too. An attorney with a detailed knowledge of Illinois criminal records practice might be able to help you clear this up.

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  • Is it possible or worth it to try to get an appeal I'd you have been locked up 23 years on a murder and have 6 years left?

    Police brutality case. That my fiancee was charged for a murder no money for a paid attorney. And public defender didn't present all evidence. Stated his job was to get the sentence dropped from life to 60 years.

    Joshua’s Answer

    The deadline for initiating an appeal was thirty days from the date of sentencing. The outside deadline for filing a post-conviction petition was three years from date of conviction. Other state collateral remedies have even shorter deadlines or are probably not applicable. The federal habeas corpus deadline is a complicated calculation, but after 23 years it has probably also expired long ago. So on procedural grounds alone your friend is probably out of luck. There are, however, occasionally very old cases on which deadlines have for some unusual reason not expired, or for which some exception to the deadlines can be established. That is very rare, however. I suggest that your friend consult an attorney familiar with Illinois collateral review and federal habeas corpus for a thorough evaluation of his possible remedies. But don't be surprised to have to make a substantial financial investment only to get a disappointing answer in the end.

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  • If I paid walmart civil demand with a check will I be able to cancel the check knowing that they were not suppose to been paid.

    What are my options in fighting this battle with walmart civil demand I paid them off with a check, can I now go back and dispute those charges knowing they were not suppose to been paid

    Joshua’s Answer

    Walmart's civil demand is probably valid under Illinois law, so you assertion that the charges "were not suppose to be paid" is flat out wrong and you would lose your case. If you had not paid it to begin with it is unlikely that Walmart would have sued you because, as a practical matter, it would not have been worth. If you initiate this bogus lawsuit, however, it will be another matter. My suggestion would be, let it lie. You have nothing to gain and perhaps something to lose. The best advice I could give you is to consult an attorney for a serious evaluation of your options. Getting off-the-top-of-the-head responses from an online Q&A forum is not a consultation with an attorney and is not a serious evaluation of your options. Don't rely on what we tell you here unless you don't care about the outcome.

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  • Isn't this sort of a double jeopardy situation?? What can I do?? Could I sue the state of WV??

    I was charged with grand larceny (a felony in WV) back in May/June 2015. I turned myself in as soon as I became aware of the arrest warrant, and I was released on personal recognizance (PR) with a $5,000 bond. I applied for a public defender (PD) ...

    Joshua’s Answer

    Your question is confusing. You start out by telling us, if I understand correctly, that on the advice of your PD you agreed to waive preliminary hearing on a felony charge in the hope, or perhaps with the agreement, that the felony would be dismissed and the charge reduced to a misdemeanor. Then you seem to be complaining because the felony was indeed dismissed and you were charged with a misdemeanor, which was your hope and intention to begin with. Then you seem to say that you pled guilty to the original charge. Not sure what your dissatisfaction is. There is certainly no double jeopardy issue here at all. You were never in jeopardy on the felony because the case was dismissed before jeopardy attached. Remember that in ordinary language, being in jeopardy and being in trouble mean pretty much the same thing. In the law they do not mean the same thing at all. One can be in very serious criminal trouble and still not be in legal jeopardy, which is what seems to have happened to you.

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  • Is smoking weed illegal under Illinois Law or United States federal law?

    Or both?

    Joshua’s Answer

    Federal, Illinois, and often local ordinance as well. As Ms. Goldstein says, there are exceptions, but they are few. Even in those states where marijuana use is permitted under state law, it remains criminal under federal law and can be prosecuted.

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  • How should he approach this when going to court to appeal the child support and go for full custody?

    If the parents of a 12yr haven't been together since he was 1 and.nothing has ever been established with the courts. Just done week on weeknoff and it worked. Now all of a sudden the mother decides to go to court for child custody and not let the ...

    Joshua’s Answer

    This does not sound like an appeal question at all. I agree with my colleagues. Papa needs to hire a lawyer familiar with child custody matters to help him present his side of this dispute to the judge who hears custody cases. If he wants to succeed he must not try to handle this alone.

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  • What is a notice of issuance of mandate?

    My husband was convicted on a charge on 12/19/13. His case history states that a Notice of Issuance of Mandate and Mandate filed on 10/31/14. Just wondering what this is?

    Joshua’s Answer

    Was this a mandate issued by an appellate court after your husband appealed his conviction or sentence? That is what it sounds like.

    In Illinois an appellate court decides an appeal in a written ruling that usually takes one of two forms, either a formal "opinion", which is published for the use of lawyer and judge in other cases, or a "rule 23 order", which is similar to an opinion except that it is not published and therefore cannot be cited in other cases. The difference between an opinion and a rule 23 order is important only to appellate lawyers and appellate court judges. It makes no difference to the people involved in the appeal.

    But the opinion or the rule 23 order is only an explanation of the court's reasoning and a statement of its decision. It is not actually an order putting that decision into effect. Such an order is called a "mandate" and it is issued by the clerk of the appellate court, usually several weeks after the opinion or rule 23 order is entered, and after the time during which the parties can ask the court to reconsider its decision has expired. The mandate is the actual official order putting the court's decision into effect. When the mandate is issued a Notice of Mandate is sent to the parties, telling them that the mandate has gone out and that the decision of the court is final and official.

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