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Joshua Sachs

Joshua Sachs’s Answers

4,518 total


  • I want to file a motion for appointment of counsel in the Ninth Circuit Court of Appeals

    How long does it take for the court to approve or reject a motion like this? Asking because I just found out they approved my motion to proceed papua forma and my opening brief is due in about a month and in researching how to do this, it seems be...

    Joshua’s Answer

    Although I am licensed in the Ninth Circuit I seldom practice there. I have, however, encountered this situation frequently in the Seventh Circuit. The practice in the Seventh Circuit appears to be that when a motion for appointment of counsel is filed the court orders briefing stayed pending resolution of the motion. Actual assignment of counsel may take a long time, perhaps because nobody on the court's appointment list may be immediately available to accept the case. You might ask the clerk at the Ninth Circuit what that court prefers in this situation.

    And you are indeed correct, the litigation of an appeal is an extraordinarily difficult task even for an experienced appellate attorney, and it is no disgrace to admit that it is probably beyond your abilities. Even the finest appellate specialists were not very good at it the first time or two . . . or three.

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  • What are the chances that my fiance's DUI charge will affect our wedding/honeymoon plans?

    My fiance was arrested for a dui in RI this weekend (we live in CT). He refused to take a breathalyzer and was immediately arrested. We are getting married less than 2 weeks, and his court date is the day of our wedding. We then leave for our hone...

    Joshua’s Answer

    I can't speak for exactly how this would be handled in Rhode Island, but I would certainly suggest that your fiancé retain an attorney immediately and get in front of the judge promptly, before the currently scheduled court date, to address both the scheduling of further proceedings and the possibility of getting him permission to leave the country. He will probably not be permitted even to leave the state without leave of court, but if he goes in early with a reasonable request permission may very well be granted. And of course it is never to soon for him to begin working with his lawyer on the merits of the case.

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  • Well I went to six flags a couple of days ago and I stole 2 bracelets I was caught and they took my season pass for a year

    they also gave me a fine of $250 , which I fine unfair since the bracelets were $4.00 each , what happens if I ignore the fine of $250 since i can't afford it

    Joshua’s Answer

    You used the pass to go on the property and steal and they revoked your pass for a year? You are lucky they did not call the police and have you taken away in handcuffs, which they could have done. It sounds as though what you call a "fine" is a civil demand. Such demands are authorized by state law and do not depend on the amount stolen or whether the property is recovered. The state legislature thinks it is eminently fair that anybody caught stealing should be required to pay into the kitty to reimburse merchants for the cost of having to provide security to deal with people just like you. Do you disagree? But if this is indeed a civil demand the you cannot be required to pay it unless Six Flags sues you and gets a judgment. If you are sued or, worse, if you receive notice that a criminal charge has been filed, then contact an attorney. Otherwise, either pay the $250 or ignore it and hope that it isn't worth the trouble or expense for Six Flags to bother about. Expect a series of collection letters, but it is unlikely that an actual lawsuit will be filed.

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  • Can you turn down a plea bargain and then ask for a jury and ask for the plea bargain again in the state of va for murder?

    a defendant is facing murder charges and had a plea bargain which he denied a first an asked to be tried by jury but right before court starts was able to take the plea bargain again is this possible in the state of Virginia when you are facing mu...

    Joshua’s Answer

    If the defendant, the prosecutor and the judge are all agreeable there is no problem. None of them can compel the others to agree.

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  • Can a charge be beat in court if all evidence states nothing was found.until they transfered a car.

    My bro was charged with a class c felony of possession of pills. When police pulled him over they had a k9 search the car and found nothing. Then a police officer searched and found nothing. They towed the car and said they found 125 pills.. His d...

    Joshua’s Answer

    That situation presents a question for the jury. If the jury believes that an officer planted the evidence after the first two searches failed to find anything, your brother will be found not guilty. If the jury believes that he found such a good hiding place that it was necessary to take the car to a police garage and take it apart then your brother will be found guilty. Either result is possible and I cannot imagine an appellate court finding that a conviction on those facts is contrary to the weight of the evidence.

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  • If you knew that someone was severely allergic to something and you exposed them to it would that be a crime?

    if you put someone in direct exposure to a known allergen is that a state or federal crime?

    Joshua’s Answer

    Interesting question and not easy to answer except to say that it would be very case-specific with the answer depending on the details of what allegedly happened, on the governing law in the state (or maybe under some circumstances under federal law if, for example, this happened in a federal government building or if the mail were involved) in which the offense was charged, and very much on the imagination of the prosecutor. I could see this as a subject for an annotation or a law review article.

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  • Can a judge suggest questions and answers to the Prosecution and its witness during a proffer in a criminal jury trial?

    Trial atty objected to the lead detectives comments on whether or not the Defendant made any statement during interrogation. The Judge proffered the Testimony to see it was objectionable. Apparently the Solicitor and Lead detective had a proble...

    Joshua’s Answer

    In my experience, federal judges often do that and there is nothing improper about it if it is kept within bounds. The judge has a duty to see that the trial moves along and is not bogged down, delayed or sidetracked by technical haggling. On the other hand, a judge can cross the line and become an advocate for one side or another, and excessive partisan interference by the judge might be reversible error. Those are broad generalities. If your case results in a conviction your appellate attorney will no doubt look at this as a possible issue for appeal.

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  • What does this charge mean: MFG/DEL COCAINE/SCH/PUB HS/PK -INFORMATION- 56.5-1407(b)(1)

    there are 2 charges listed like this on separate dates

    Joshua’s Answer

    How old is that case? Chapter 56.5 of the Illinois Revised Statutes is a citation to a very old statutory numbering system that has not been in use for decades. The current statutory citation would be 720 ILCS 570/407(b)(`1). As to the nature of the charge, I agree with my colleagues, manufacture or delivery of a substance containing cocaine in proximity to a school, public housing facility or park. "Information" means that the charge was filed on the authority of the State's Attorney subject to the approval of a preliminary hearing judge, rather than by means of an indictment, which is a charge brought by a grand jury.

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  • Can you get a bond on a appeal after being charged with first degree murder

    How long can it take for an appeal

    Joshua’s Answer

    In theory, yes. Realistically, I would be astonished if release pending appeal were granted. An appeal from a criminal conviction in Illinois typically takes between a year and two years from the time the notice of appeal is filed until the time that the appellate court announces a decision. Additional time is required if there is a petition filed by either side for leave to appeal to the Illinois Supreme Court and yet more time if either side files a petition for writ of certiorari seeking United States Supreme Court review. Preparation of the record, preparation of the briefs, and preparation of a written decision by the court all take a lot of time, and there are backlogs of older cases at every stage of the process that must be briefed and decided first.

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  • Federal indictments how long can the investigation last.

    Ok I been investigated since 2011 for a federal crime. Three indictments have taken place for this crime which resulted in a total of 54 people being arrested. It has been a year and 3 months since the last indictment. How long can this go on. Why...

    Joshua’s Answer

    Federal investigations can take a long time and you can be indicted until the statute of limitations runs out. When will that be? My colleagues have given you some good and detailed information about that. I would only add that an imaginative prosecutor may try to find a way to extend or avoid any statute of limitations that might appear to be applicable. Your attorney may be able to discuss your case with the United States Attorney's office and try to get it resolved. If that fails then you can assume that they really want you but are having some trouble getting a grip on you, and you will be looking over you shoulder for a while yet.

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