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Joshua Sachs

Joshua Sachs’s Answers

4,830 total


  • Wasnt i under arrest when they took ne to the station?should he have read me my rights before he asked questions at the station?

    I was in an accident. It was 6 below zero outside and had no cell battery. I talked to the other driver a bit ways down the road. Told him I would go to the gas station and call the police. I got lost and the police found me 2 hours later walk...

    Joshua’s Answer

    You could file a motion to suppress your statements and resulting evidence on the grounds that you were under arrest and were not given Miranda warnings, but it is by no means clear that you would win your motion. The prosecutor's position would be that you were not under arrest at the time you made your statements, but that it was the field tests and breath test that resulted in you subsequently being placed under arrest. The judge would have to hear your testimony and that of the officer, decide precisely what happened and when, and rule on the motion. You have at least a chance of success, but that is by no means certain.

    It is also unclear that suppressing your statements would do you much good, because the prosecution might be able to go ahead and convict you on the other evidence even without your statement, which does not seem particularly important as you have described what happened. Of course, a lawyer who defends you will not merely rely on your account of what happened but will insist on being familiar with all available evidence in the case.

    That the officer did not see you drive is most unlikely to help you at all. I would not put much stock in that.

    You are the defendant in a fairly serious criminal case. I hope you do not intend to stumble through this on your own, looking for advice online as you think you need it. That is a pretty certain way to be found guilty. If you have not already done so, get on the telephone this afternoon and make an appointment with an attorney who enjoys a good reputation in the defense of DUI cases.

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  • How important is oral argument in the Court of Appeals

    Or is a well written brief going to have the most sway?

    Joshua’s Answer

    No two cases are exactly alike, but in general:

    The most important factor by far in the outcome of the appeal is the record. What is in the record controls everything else, determines what lines of argument are open to the attorneys and what lines are closed, and ultimately determines what the outcome will be.

    Next in importance are the briefs and perhaps the most significant aspect of the briefs lies in the manner in which the attorneys choose to frame the issues they believe the court should decide. Selection and framing of the issues on appeal is the essence of the appellate attorney's art.

    Oral argument is for fine tuning. Oral argument is the only part of the appeal where the judges and the lawyers actually engage each other in conversation and can probe for and respond to each others' ideas, objections and responses.

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  • What kind of penalties is he getting?

    A friend of mine Stabbed 3 people the other night at a bar after getting picked on by a group of people. He only had 2 other friends and It was more like a self defense.

    Joshua’s Answer

    He will not serve any time if he not convicted. It is not possible to determine the potential sentence to which he is exposed until all charges against him have been filed. The only thing anybody can tell you for certain is that he is facing a situation that could be extremely serious and he must (1) retain an capable and respected criminal defense attorney to represent him (if he cannot afford private counsel the court will appoint an attorney to represent him) and (2) he must not discuss this case with anybody, and that means anybody, except his attorney.

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  • Do I have to hire attorney for shoplifting.

    I am 58 years old Male with no prior criminal background. I live in Kendall County, IL. I got caught shoplifting at a retail store this evening. The value is 32 dollar, I know this is really stupid, but will I got to jail for this? Do I need to hi...

    Joshua’s Answer

    Have to? Legally no, you can defend yourself without an attorney. But it is not a wise idea. I have been practicing criminal defense for over forty years. If I had a shoplifting charge, or any charge for that matter, I would retain an attorney to represent me, and would absolutely not defend my own case. If I wouldn't, you shouldn't. If you are without funds the judge will appoint counsel for you without charge to you.

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  • I need case law to reference for my situation for my defense or an appeal.

    I had a verbal lease aggreement that the landlord broke 15 months ago in novermber and december i was behind on rent after losing my job. He gave me a 5 day notice to vacate. I refused to move until he served me with court papers. On january 19...

    Joshua’s Answer

    I suggest that rather than attempting computer research, which requires a pretty good knowledge of the applicable law to begin with, you use the old book method. Go to your county law library, pull your state legal encyclopedia, start with the chapter on landlord and tenant or whatever other chapter seems most relevant to your problem, and work out from there. The encyclopedia will give a few cases and you use them to find others until eventually you find decisions that either support your position or tell you that you are out of luck and had better come up with another theory.

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  • What kind of Criminal Defense could my friend raise in this situation?

    Over this past weekend, a good friend of mine was at a picnic with my family and noticed a strange looking man about 10 feet away trying to discreetly take photographs of one of the toddlers (a niece) in our group. Out of nowhere, my friend jumpe...

    Joshua’s Answer

    Your friend is in enormous trouble, could spend the rest of his life in prison, and the "defense" you propose for him sounds worthless.

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  • How can a bond say personal recognizance..$1500 if you weren't there, I thought you had to be in front of judge for any bond

    Personal Recognizance

    Joshua’s Answer

    I agree with my colleagues. Also, when an arrest is made on a warrant, the arrest warrant usually states the bond set by the issuing judge. Of course, any initial bond, whether set by Supreme Court rule, by an arrest warrant, or by a judge in court, can be reconsidered and modified on motion filed by either the defendant, who can ask that the bond be reduced, or by the prosecutor, who can ask that it be increased.

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  • What does remanded jurisdiction retained means in an appeal case ?

    Per curiam

    Joshua’s Answer

    In my experience which, please note, is not in Pennsylvania, it sometimes means, "We cannot decide your appeal until something gets clarified in the trial court. So we are sending it back there for specific and limited proceedings. In the meantime we will keep your appeal but put it on hold. Come back when the trial court has done what we need it to do." Your state may or may not have a similar procedure.

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  • What do I do to tell the judge or my public d and how I could be crushed if I am NOT with them or plead to stay with Home arrest

    My family and I practice in all the Mexican religion called the Santa Muerte which means the youngest son or daughter has to take care of the sick parents if not they will not enter into eternal life and become a Santa but yet dial only a better l...

    Joshua’s Answer

    If you tell that to a judge the response you are likely to get is, "You should have thought about that before you committed the crime."

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