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Joshua Sachs

Joshua Sachs’s Answers

4,344 total


  • Why would'nt a DA drop a robbery w/ dangerous weapon charge to commonlaw robbery if, there is no weapon found?

    The witness first stated she MIGHT have saw a weapon, the next thing said was that there was a 6-12 inches knife involved... Does that sound credible?

    Joshua’s Answer

    So far as I know there is no state that requires the prosecution to find or produce the weapon in order to sustain a conviction for armed robbery. Testimony by a witness who saw the weapon is, if believed by the jury, sufficient to support a verdict of guilty, and is sufficient to have a guilty verdict sustained on appeal. In forty years of practice (not in North Carolina, however) I have never encountered a prosecutor who would have reduced the charge on the facts you have recited . . . unless the defendant agreed to plead guilty to simple robbery in which case you might see a reduction as part of a plea agreement.

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  • How long do you have to wait for unlawful purchase of Sudafed charge to be expunged in Illinois?

    Occurred in 2011. No previous criminal history.

    Joshua’s Answer

    If your case resulted in a conviction it probably can never be expunged, although you might perhaps be eligible to have it sealed. If it was resolved without a conviction expungement may be possible. I agree with my colleagues that more information is necessary. A lawyer advising you would want to look at the court file or, at least, the docket.

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  • Opposing Party's atty blatantly lied during Oral Arguments @ Crt of Appeal. Can I sue him? For what? Not the first time for him.

    During oral arguments Opposing Party's atty said I was awarded $12K & the arbitrator inflated that by +/-600% so total awarded was $97K. In reality the 97K was awarded based on physical evidence & info. from a professional appraiser; was clearly l...

    Joshua’s Answer

    Give the judges of the appellate court a little credit for having at least some intelligence. Appellate judges study the briefs and review the important parts of the record. They are certainly going to read the order from which the appeal is taken. Arguments of counsel that do not conform to the record will, in my experience, be disregarded. Also in my experience, which I recognize is not in your state, appellate court judges decide for themselves when sanctions are appropriate and they do not respond kindly to attorneys or parties who complain and point fingers at each other.

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  • Will they remand me and put me in jail at my PTR court date.

    I am on felony probation for drug possession. 6 months ago I left treatment and never spoke to my probation officer since then. However, I have turned my life back around again and I am now working full time, I am clean from drugs, I am in treatme...

    Joshua’s Answer

    • Selected as best answer

    I agree with Mr. Brinkmeier's analysis and I also understand your response to his answer. You are right on the crack. A judge could certainly remand you to custody, but it is also possible that you could get a break. See if you can talk to the public defender before your court date so that the PD can be ready to make a sympathetic presentation that might get you another chance.

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  • Federal case rep by a Fed public defender, AUSA is threatening to charge wife unless husband plead guilty, is this legal?

    complicated financial case, wife never had any involvement in business.

    Joshua’s Answer

    It is definitely a rough tactic from your point of view, but I it is not improper if the prosecutor in fact has a legitimate basis on which to charge her. Your assertion that she has nothing to do with any criminal activity is, of course, not dispositive. The prosecutor is under no obligation to accept your evaluation of her role in any criminal conduct. I could see improper conduct here only if the prosecutor has no good faith basis on which to consider a charge against her.

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  • Can I travel while on a diversionary program?

    If I get a diversionary program (cook county) for retail theft misdemeanor after my arraignment, what is the time frame of when I will have to take the program and for how long. I am First time offender and I was wondering if throughout that peri...

    Joshua’s Answer

    • Selected as best answer

    You have several answers already to the first part of your question. What is new, I think, is your question about travel. My slightly convoluted analysis is that if you are in the diversion program you have not be asked to enter a plea, certainly not a plea of guilty, and you therefore you have neither been convicted nor are you subject to an order of court supervision. On the other hand, assuming that you were arrested at some point, you are probably on bond (probably an I-bond, that is to say, an independent recognizance bond, or else a bond with a small deposit) and your bond conditions will continue until the case is concluded. It is a standard condition of bond in Illinois that you not leave the State of Illinois without permission from the court. Entering the diversion program would do nothing to change your status.

    So my answer would be, play it safe. Get permission of the judge before you leave the state. You can make the request at arraignment or at any time by scheduled motion. Just don't let it slip you mind. A reasonable request for permission to travel outside the state is seldom denied, but you can make trouble for yourself by going without asking.

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  • What does TIA/SIA warnings given and understood mean? If someone was arrested for criminal offense. I can't find the definition.

    Someone I Know was arrested for cyberstalking & intimidation (class 4 & 3 felony) upon his first court date it shows the TIA/SIA warnings given and understood. Next court date is Arraignment - Bill of Indictment.

    Joshua’s Answer

    Trial in Absentia/Sentencing in Absentia. In other words, the judge warned you on the record that if you fail to appear in court one of the things that can happen is that the trial can go ahead without you, and that if you are convicted you can be sentenced even if you are not present. It doesn't mean that these things will necessarily happen, but the judge is required by law to tell you that they can happen, and that you cannot avoid a conviction and sentence by skipping out.

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  • Diversionary Program

    If I get a diversionary program (cook county) for retail theft after my arraignment, what is the time frame of when I will have to take the program and for how lo ng. First time offender.

    Joshua’s Answer

    • Selected as best answer

    My experience with this program is that the court continues the case for three or four months to give the defendant time to complete the program. If the defendant completes the program early, which is easy to do, the case can be advanced from the originally scheduled date. When the defendant appears in court to report compliance and to present the judge with the required confirmation letter from the program, the prosecutor will immediately move to have the charge dismissed, the judge will grant the dismissal, and the case will be over. Once that happens it would wise to file a petition to have any arrest and court records expunged. The last time I had a client in the theft diversion program, the classes were completed and the charges dismissed within about two months. It usually takes at least four months from the time a petition to expunge is filed until an order is entered and all records are in fact expunged, but in Cook County it sometimes takes considerably longer due to backlog.

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  • How can I find an attorney that will handle a Pro Bono Case.

    My husband was recently arrested on retail theft charges from December (classified as a felony), he is now out on bond. His court date is in late May, 2015 and we are in desperate need of a lawyer. He is the sole provider, and I am a nursing stud...

    Joshua’s Answer

    If he cannot afford counsel the public defender will be appointed to serve as his attorney. If he does not qualify for the public defender he had better retain counsel. He is not likely to find anybody interested in representing him without compensation.

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  • My friend got pulled over and the passenger had a gun , the cops found it under the passenger seat so can my friend convicted ?

    he was taken to jail and got out on bail not sure how much maybe $5000

    Joshua’s Answer

    Plenty of people are doing time in prison on that kind of evidence. Your friend is facing a serious charge and needs strong legal representation. There are some excellent criminal defense attorneys in Pennsylvania. If he does not have adequate recommendations already, Avvo's Find-a-Lawyer function is a good place to start looking.

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