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Joshua Sachs

Joshua Sachs’s Answers

4,438 total


  • 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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  • How does the federal point system work?

    Let's say an inmate has 22pts how much time are they looking at for drug related charges?

    Joshua’s Answer

    The federal sentencing guidelines were a less-than-completely-successful attempt to promote sentencing equality by assigning numerical values to hundreds, maybe thousands, of the innumerable factors that might have some influence on a judge's sentencing decisions and plotting the values assigned to the crime itself against those assigned to the individual defendant. The system rivals the internal revenue code for complexity, and the federal courts now accord the guidelines merely an advisory, rather than a controlling, role in sentencing. Your question does not provide anywhere near enough information for any kind of useful response.

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  • If i get pulled over for speeding, can i request to see the radar gun

    I got pulled over for supposedly speeding. I came over the hill and saw the cop and looked at my speed. I was going 60 in a 65. Cop said I was doing 83. I asked to see the radar gun and he told me no that it was only numbers.

    Joshua’s Answer

    Regarding your follow-up question about discovery, I am going to go out on a limb here and say that the answer is technically no, but you can ask and see what the judge is willing to order. Discovery in Illinois is governed by the Illinois Supreme Court rules and applies only to felony cases. Statutory disclosure is available in available in non-felony criminal cases but would not cover the radar gun. You have a constitutional right to the disclosure of material exculpatory evidence, but whether that would help you in this situation is unclear. Still, the judge is generally considered to have discretion on this kind of matter, and a sympathetic judge might order some degree of disclosure. If the outcome of the case is important to you it would be a good idea to retain an attorney familiar with traffic practice.

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  • Can I file and win a civil suit after winning trial by using entrapment as my defense?

    I was arrested back in November of 2013 in Tampa, FL and charged with trafficking in illegal drugs 4 to 14 grams, possession of a firearm during the commission of a felony. I bonded out and was arrested again in March of 2014 via a warrant for cha...

    Joshua’s Answer

    Congratulations both to you and to your PD. Entrapment cases are very tough to win. Sounds like your lawyer did a first-rate job. As for your question about a civil action, consult a civil rights attorney in your state to have your case evaluated. You might have something.

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  • Power of attorney questions

    Can someone that has power of attorney over a person on parole speak with that pesons parole officer in time of trouble to avoid a parole violation?

    Joshua’s Answer

    A power of attorney does not create legal confidentiality. You could send a messenger to your probation officer, yes, with or without a power of attorney. But your messenger could be put under subpoena and required on pain of imprisonment for contempt to disclose communications from you which you might prefer to keep secret.

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  • Where can I find a criminal pro bono attorney for my boyfriend who has been in prison 25 years for a crime he didn't commit?

    He needs post conviction relief on actual innocence.

    Joshua’s Answer

    Your friend has a number of major problems. Given the age of the conviction I assume that he has already been through his direct appeal without success and has also litigated his post-conviction petition and any federal habeas corpus petition that he had to present. So if he wants to file something now presumably it is a successive post-conviction petition in which he will have to make a truly persuasive showing of actual innocence and will also have to establish why the evidence on which he now relies was not available to him long ago. This is going to be a tough row to hoe. The court is only likely to appoint counsel if he is able to file a fairly persuasive pro se petition to get the process started, and that is going to be hard to do. Very few attorneys are in the position to donate the enormous amount of time which this case is going to require if it truly has any merit, and no attorney is going to be willing to give away time on a totally hopeless petition, which most successive petitions are. Some very large and prosperous firms have pro bono committees which might consider a case like this, but of course they get a lot of requests for help. Your friend is going to need a lot of luck. Will his friends and family kick in for a defense fund? If they don't care enough to help, it is not likely that an attorney who practices law for a living is going to want to take this one on for the next ten years as a volunteer project.

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  • Was I convicted of a misdemeanor?

    In 2013, I was caught shoplifting (in the state of Illinois) and then charged with petty theft of $145 worth in stolen goods. But because this was my first offense—and being only fifteen years of age— I had to do a program where you have to comple...

    Joshua’s Answer

    I agree with my colleagues that you were probably not convicted of anything, but that does not mean that you do not have a record. It would be a good idea now to get your arrest and court records expunged and it appears that you are probably eligible. As for whether you would have to disclose your arrest and charge on an application for a nursing license, even if your records are expunged, it might be worth checking with an attorney familiar with licensing issues for nurses. I doubt very much that your incident from two years ago will stand in the way of you getting a license, but you might be under an obligation to disclose and explain. In licensing situations it is generally best to be candid and forthcoming.

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  • My brother was charged with a armed robbery but the statement saying he ain't do it he was standing on thecorner as the look out

    He have no background

    Joshua’s Answer

    Standing on the corner as the lookout = GUILTY OF ARMED ROBBERY = 6-30 years in prison, considerably more if a firearm was involved. Your brother needs an attorney, not a chatroom.

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