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Joshua Sachs

Joshua Sachs’s Answers

4,606 total


  • Can a class 2 felony be sealed/expunged?

    I was convicted of a class 2 felony (OTHER AMT NARCOTIC SCHED I&II) in 2004, is there ANY way this can be expunged or sealed? I would really like to be able to get a good paying job. How far back do background checks go? I have had absolutely no ...

    Joshua’s Answer

    No Illinois conviction for any criminal offense, felony or misdemeanor, can be expunged.* Although records for many misdemeanors and some Class 3 and Class 4 felonies can be sealed, as I understand the law sealing is not permitted for any Class 2 felony convictions. It might be worth you while to review your case records with an attorney to be certain that your case resulted in an actual conviction. But if it did, you really have no legal remedy. Your only hope would be the very long shot possibility of a pardon from the Governor with an order for expungement included.

    * I know of only two exceptions to the rule that no Illinois conviction can be expunged, and both require extraordinary executive action. One is by a Governor's pardon that includes an order to expunge. The other allows certain honorably discharged veterans with Class 3 or Class 4 felony convictions to obtain a Certificate of Eligibility from the Prisoner Review Board.

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  • Can a case without conspiracy be add up leadership role enhancement

    My friend get a charge only without conspiracy. The prosecutor add up 4 level leadership role enhancement. No conspiracy means no group criminal. Where is the lead comes from?

    Joshua’s Answer

    The defendant's sentence can be enhanced for leadership role without a conspiracy charge. That is not a problem and it happens often. Whether a leadership role enhancement is appropriate in any particular case is up to the judge. The prosecutor can never add the enhancement. The probation officer can never add the enhancement. The defendant and the defendant's attorney cannot never remove it. Only the judge can do any of those things. What the prosecutor, the probation office, and the defense say are recommendations to the judge and nothing more. The judge decides.

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  • Can federal prosecutors/parole officers CONTINUE to add points to a federal case while an inmate is awaiting sentencing?

    He's pled guilty and now awaiting his sentencing. His attorneys are continuously coming to him to try to get him to agree to the 5K. It seems like each time he declines, the federal prosecutors are trying to add more points to his sentencing. N...

    Joshua’s Answer

    I agree with Mr. Mitchell. I will only add that neither the prosecutor nor the probation office can "add" points, any more than the defendant can "subtract" points. Only the judge decides the proper point level. What the prosecutor, the probation officer and the defendant's attorney propose are recommendations to the judge and nothing more. The guideline level is not final until the judge determines what it will be as part of the imposition of sentence, and until that happens everybody is free to make recommendations and arguments as to what the proper level should be.

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  • Should i file a petition for review to CA-Supreme court arguing the same weak points from appeal, or a petition for Hebeas?

    My appeal was recently denied, appellate counsel did an horrendous job destined to fail, thus i unsuccessfully attempted to substitute her after her ridiculous opening brief. So should i file a petition for review to the CA Supreme court to argue ...

    Joshua’s Answer

    • Selected as best answer

    I defer to my California colleagues. I will add only this additional consideration. If there are federal constitutional issues in your case that you want to preserve for eventual federal habeas corpus review you will have to exhaust those issues in state court. That probably means that if a federal issue was raised on your direct appeal you will have to pursue that issue, or at least attempt to pursue it, to your state's highest court if you ever want to be able to bring it before a federal judge. How you do that is largely a matter of state law. Preserving issues for federal review may, or may not, be a factor in your decision.

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  • How are Illinois Supreme Court Cases Scheduled for Oral Argument? I want to find out if a Case will be Argued in Sept or Nov.

    The Appellee Brief is due on 8-31-2015 and the Appellant Reply Brief is due on 9-14-2015. The Illinois Supreme Court meets again on 9-14-2015. I have been in touch with the Appellee Attorney and he told me that I can file my Amicus Brief on 8-31-2...

    Joshua’s Answer

    The Supreme Court's docket is available online at: http://www.illinoiscourts.gov/SupremeCourt/Docket/default.asp

    In my experience cases are not set on the oral argument docket until they are fully briefed, but you can call the clerk of the Supreme Court and perhaps get additional information. You appear to be worried about objections but you are apparently in touch with counsel for the parties. Have you asked them whether they will agree to the filing of your amicus brief? Attorneys often are willing to do so. You would then be able to state that your motion for leave to file is unopposed and to include in the body of the motion a statement along the lines of "AB, attorney for appellant, and CD, attorney for appellee, have authorized movant to state that they have no objection to the filing of a brief by the amicus curiae."

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  • Process & how long it takes to expunge record after completing misdemeanor deferred prosecution program (retail theft) in 4/15

    My mother was arrested for retail theft misdemeanor class A in Dec 2014 and her case was dismissed in April 2015 after completing misdemeanor deferred prosecution program (retail theft). This was her first time. It's in Skokie court house in Coo...

    Joshua’s Answer

    If the charge against her was dismissed after successful completion of a deferred prosecution program she can file a petition for expungement immediately. The statute (I am going from memory here and am not in a position to look it up right now) gives the various police and prosecuting agencies sixty days in which to respond to the petition. Assuming that no objections are filed the court in suburban districts of Cook County will typically rule on the petition shortly after the sixty-response period ends. Those state agencies that have records (circuit court, arresting police department, Illinois State Police) then have sixty days in which to comply with the expungement order. So if things move according to law the whole process takes about four months. Sometimes it moves a bit faster. Sometimes it is slower. Backlog can cause court delays. Some local police departments are short-staffed and slow about complying with orders. But figure about four months on the average.

    The filing fee charged by the clerk of the court (which includes an expungement fee for the Department of State Police) used to be $120 in Cook County. It may be slightly higher now. Chicago branches of the circuit court require a "rap sheet" from the arresting police department, but Skokie does not (unless the practice has changed recently).

    The expungement procedure was designed to be simple enough so that most petitioners could follow it without an attorney, but many people feel more comfortable having an attorney do it anyway, and it does make mistakes less likely. As in just about all legal matters, attorneys set their fees individually and you may find quite a spread for the same project. It makes sense to make a few inquiries. More expensive does not necessarily mean better quality work or a difference in the outcome. My recommendation is always that in choosing an attorney you want to go with someone with whom you can work comfortably and effectively, with cost a distinctly secondary consideration.

    Good luck.

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  • How many times can you appeal a capital murder trial

    Can a capital murder case be reopened after the first appeal was denied. Case is 20 years old

    Joshua’s Answer

    Typically there is permitted only one appeal from a judgment of conviction, although that appeal may have several stages and in a complicated case it may move back and forth if remanded from one court to another.

    In addition to the appeal, most states provide some kind of collateral review proceeding, which might be called a post-conviction petition, coram nobis petition, habeas corpus application, PCRA, or some other name depending on state law. An adverse result in a state collateral proceeding can typically be appealed.

    Finally, if a state court conviction presents issues of federal law, those aspects of the case can be considered by the federal district court in proceedings on a federal habeas corpus petition. The decision of the district court can be appealed through the federal court system.

    So, in summary there is one and only one appeal from the conviction. There may, in addition to the appeal, be other state and federal avenues of review available. After 20 years, however, the time limits for most remedies will normally have expired. You would need to have your specific situation evaluated by an attorney familiar with the appellate and collateral review practice in your state.

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  • Filed a motion 2255 in fed court on several issues. Was granted a evidentiary hearing to get COA and appeal rights back and won

    So now trying to figure out what the next step. Appointed counsel contacted family n informed us of court decision but that he doesn't know if they will keep him on or appoint other counsel. Just trying to figure out if anything that I need to be ...

    Joshua’s Answer

    • Selected as best answer

    First of all, congratulations on the outcome of your appeal and of your success to date on you 2255 motion. It sounds from your posting as though the court of appeals has ordered a remand for further proceedings before the district court. Without knowing the details of your case or the precise nature of the remand order it is impossible to say what will happen now, except that you can assume that the order of the court of appeals will be obeyed and that whatever directions that court gave for remand proceedings will be followed.

    But you are at a cross-roads. The government may still be within the time to ask for rehearing in the court of appeals, and it may also seek certiorari review from the United States Supreme Court. Rehearing and certiorari are not often requested, and are seldom granted, but they are possibilities and can slow things down even if they go nowhere in the end. The order of the court of appeals will not be carried out until the court's mandate issues. The mandate is the formal order of judgment on appeal. Typically a mandate does not issue until several weeks, at least, after the court's opinion is entered.

    If your attorney does not know whether the appointment for remand will go to him or to somebody else, then nobody knows. Rest assured, you will find out.

    I understand that uncertainty and suspense are unpleasant, but there are no clear answers to your questions and the best person to keep you posted on the progress of your case is your attorney, who is obviously handling the matter capably and is keeping you up to date as developments occur. Nobody else can tell you more.

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  • What do I do now? States Attorney dropped charges

    I had someone arrested for stealing my tablet. I had absolutely proof it was mine, in the form of receipts, and the box with the IMEI number. She as well admitted she had it and that it was mine. She was given a notice to appear. Yet today, in cou...

    Joshua’s Answer

    It is not clear from your posting that the State had much of a case. Your evaluation and that of an experienced prosecutor would not necessarily be the same. Mr. Cameron has decades of experience as both a prosecutor and a defense attorney, and he was not at all surprised at the result.

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  • Looking for a pro bono Attorney for a felony theft case to take before the Illinois Supreme court on Appeal

    A purse at a casino was found, I was never looked for but they were calling my son, so I retained a lawyer and went and turned myself in. I then looked for an Attorney and took all the monwy I had in a Medicare set aside fund for my medical treat...

    Joshua’s Answer

    From what you describe I would say you need to have an attorney evaluate your case to determine whether you need an appeal, a post-conviction petition, or both. It is impossible to determine from your posting, of course, whether your case has any merit or not. You may be entitled to appointed counsel on appeal. You may or may not be entitled to appointed counsel in post-conviction proceedings. Do not expect lawyers to stand in line to represent you without compensation, which is what you seem to be suggesting. That is not going to happen. The remedies available to you, if any, would be a very substantial undertaking for an attorney and not many lawyers are in a position to give away that kind of time and effort, nor is it apparent from your posting why you should be entitled to that kind consideration.

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