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Joshua Sachs

Joshua Sachs’s Answers

4,435 total


  • If a criminal case is dismissed due to insufficient evidence can anything from that case be used in a dcfs appeal or trial

    Was arrested on meth charges and test results from state cops came back as not drugs it was also a illegal search

    Joshua’s Answer

    Sorry but your question is too confusing to attempt an answer. Your situation sounds potentially serious, and one does not look for legal help in a serious situation online. One looks to a good attorney for representation.

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  • How do I withdraw the guilty plea for two felony charges of a controlled substance?

    The attorney I had made an agreement with the states attorney for a 1040 probation states attorney says because the police report stated I also had paraphernalia though I was never given a ticket or was it sent to a crime lab or shown as evidence ...

    Joshua’s Answer

    Illinois law permits a motion for leave to withdraw a plea of guilty to be filed within thirty days of sentencing. It is within the discretion of the judge whether or not to grant the motion. In other words, the judge might let you withdraw your plea, or then again might not. It will be your burden to convince the judge that your request should be granted, and it will not be an easy task. If the thirty days have already passed it is too late for the motion and you will be left to the difficult remedy of attempting to withdraw your plea by a way of a post-conviction petition.

    Keep in mind that the real danger of asking to withdraw a plea is that you might succeed. If that happens the case reverts to square one, any charges that were dismissed pursuant to the plea are reinstated, additional charges become possible, and you are back potentially facing whatever sentences you initially pled guilty in order to avoid. Another plea offer from the prosecutor is unlikely, and you will have to assume that your case will go to trial and run the risk of conviction. In others words, asking leave to withdraw a plea is like running back inside a house that is on fire. But if you want to take the risk, file the motion. I would talk to your attorney first, and very seriously.

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  • A contract that asks me to break the law "lying to a police officer" can it be enforced?

    n/a

    Joshua’s Answer

    Assuming the complete and total accuracy of your description, the answer is "of course not." Whether you are characterizing the situation accurately is impossible to determine from your posting, but I am very much inclined to thing that you have drafted an almost meaningless question in order to get the answer you want to hear. Perhaps I am doing you an injustice. Rather than look for advice online, you should discuss this matter in confidence with an attorney who can evaluate the entire situation.

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  • Any probonal appeal attorneys out there that can help me with a marijuana case?

    Yakima basically won a trial against my dad over introducing a minor to drug dealing when my dad was already in jail. They used statements that werent documented or signed by either me or my dad. They had no physical evidence but yet my dad was gu...

    Joshua’s Answer

    Indeed you should consult an attorney. You should also be aware that the points you have raised for us will probably do nothing to support an appeal, but that an attorney who reviews the record may well find grounds for appeal which have escaped your attention. In every state that I know if, and I am sure Washington is no exception, court-appointed counsel is available on appeal for defendants who cannot afford to retain a private attorney. The appointed counsel and appellate defender plans universally in effect have pretty much put the old "pro bono" system, in which inexperienced attorneys got to use people like your dad for practice, out of business. A good thing, too. Don't ask for pro bono help. You don't want it.

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  • I have a foid card an my gun was in the glove box unloaded and clip was seprate from the gun and i was charge with agguuw

    a guy said i pointed the gun towards him

    Joshua’s Answer

    So the guy tells the police that you pointed a gun at him. The police take a look at your car and Voila!, there just happens to be a gun in the glove box. And no doubt the guy is going to say that it looks just like the gun that you pointed at him. A very serious charge. Hire a good attorney and don't let any grass grow under your feet. Start looking around tomorrow morning, and choose counsel with whom you can work candidly and comfortably.

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  • Question about disturbing the peace.

    Me and 2 other passengers where driving down the road when the truck next to us kept racing there engine and following us. The passenger in the back says that he sees a gun and that it was out the window. So I slammed on the breaks and made a righ...

    Joshua’s Answer

    There is a lot missing, because the story as you have posted it does not add up. Don't respond, don't answer, don't ever post anything online about a pending criminal case. Retain a respected criminal defense attorney in the county in which you have been charged and see what can be done to get this matter resolved one way or another.

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  • Is it possible to get a class 1 felony reduced to get my FOID card back?

    I was convicted a felony theft about 8yrs ago and served probation for it, no jail time or anything. I was a very avid hunter and really want to get my FOID card back. I have applied and denied of course, I called to see what my next steps were an...

    Joshua’s Answer

    Illinois law does not permit convictions to be expunged (with a narrow exception for certain honorably discharged veterans) and does not permit a charge to be reduced after conviction. So you appear to be out of luck. I don't know who the "they" is to whom you have been going for advice, but that is the reality and will be unless the legislature decides to make a drastic change in the law . . . something I do not see coming.

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  • My father had an car acccident and got a ticket. He cant speak english Can I go with him and speak on his behalf?

    He was going and a truck hit him from back. the cop gave him ticket saying "Usage of unusual lane" where as he was in extreem left lane.

    Joshua’s Answer

    You cannot speak for him. In my experience most judges will require that a certified court interpreter be present. In Cook County there is often a Spanish or Polish interpreter in the building, but for most language it will be necessary to continue the case so that interpreter can be sent. On the other hand, I have encountered judges who will allow a family member to interpret in a relatively minor case.

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  • What do it mean when a case take more then 2 yrs

    He charged with child sexual abuse, child pornography , child groomin, poession of porn, trevelin to meet a minor, poession of a minor in his car , talkin to a minor , there's one more

    Joshua’s Answer

    It doesn't "mean" anything. It is not unusual for a serious and complex case to take a long time, especially in an urban jurisdiction like Cook County where case backlogs are very heavy. There is a tremendous amount of preliminary legal and factual preparation work to be done as a major case moves toward trial, and nobody, not the prosecutor, not the defense attorney, not the judge, can drop everything else and focus on a single case.

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