Joshua Sachs’s Answers

Joshua Sachs

Evanston Appeals Lawyer.

Contributor Level 19
  1. Who should I get to represent me on a domestic violence case where the prosecutor is causing defense attorneys to sell me out?

    Answered 9 months ago.

    1. Joshua Sachs
    2. Elizabeth Marie Vonau
    3. Melissa I. Smejkal
    3 lawyer answers

    Something is going on here that is not coming across from your question, either something that you do not know or something that you are not telling us. No criminal defense attorney is going to be shocked at working with a sex offender and no criminal defense attorney is going to be afraid of the prosecutor, because anybody who is shocked by sex offenders or afraid of prosecutors finds another line of work pretty quickly.

    10 lawyers agreed with this answer

  2. Do I have to tell the state my witness?

    Answered about 1 year ago.

    1. Raymond George Wigell
    2. Chen Kasher
    3. Joseph Andrew Brabender IV
    4. Joshua Sachs
    5. Alexander M. Ivakhnenko
    6. ···
    8 lawyer answers

    I agree with Mr. Wigell. The Illinois Supreme Court Rules 411 et seq.governing criminal discovery apply only to felony cases. Disclosure of witnesses in misdemeanor cases is governed by 725 ILCS 5/114-9, which allows the defendant to move for a list of prosecution witnesses, but makes no provision for the State to request a list of defense witnesses. If, however, the judge for some reason orders you to disclose, you have to comply or risk an order prohibiting your witnesses from testifying....

    10 lawyers agreed with this answer

  3. Can I sue the county jail after being attacked by another detainee and having my nose broke?

    Answered over 1 year ago.

    1. Joshua Sachs
    2. Christian K. Lassen II
    3. Alexander M. Ivakhnenko
    4. Louis Joseph Meyer
    4 lawyer answers

    I agree with Mr. Lassen. You need to review this situation in detail with a civil rights attorney in Illinois for some serious evaluation and advice about whether you have a case here. I noticed your comment in response to Mr. Lassen's answer. This is a real-life legal situation, not a bar bet. No lawyer worth anything is going to give you an off-the-cuff opinion and the kind of general proposition you asked about is meaningless. Legal controversies do not depend on broad statements of...

    10 lawyers agreed with this answer

  4. If a DA is given evidence proving defendant is NOT guilty of what is being accused, will DA then HAVE to drop the charges?

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Joseph A Lo Piccolo
    3. Joshua Sachs
    4. John J. Carney
    5. Eric Edward Rothstein
    6. ···
    7 lawyer answers

    It is very common for defendants to think that evidence conclusively establishes absence of guilt when from the viewpoint of the law it does no such thing. The decision whether to pursue the case lies with the DA.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Getting new lawyer? Is it possible to get a better plea deal or a lesser sentence? Facing prison time

    Answered 8 months ago.

    1. Joshua Sachs
    2. Jeffrey Allen Fagan
    3. Raymond George Wigell
    4. Jason Malone Ferguson
    4 lawyer answers

    Another lawyer (and it has nothing to do with being more "aggressive," whatever that means) might or might not be able to reach a different agreement with the State's Attorney. There is no way of knowing. Your options are to reach an agreement with the State's Attorney, enter a blind plea of guilty and pitch your mitigation case to the judge, or take the case to trial. No stranger to the case has any business trying to second-guess your attorney. You have the right to choose other counsel...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Served federal time but was never arrested nor read Miranda rights. Do I have any recourse

    Answered about 1 year ago.

    1. Joshua Sachs
    2. John M. Kaman
    3. Joshua Sabert Lowther
    4. Kenneth Edward Raleigh
    5. Raymond George Wigell
    6. ···
    6 lawyer answers

    It sounds like you pled guilty. Very unlikely that you can do anything about it at this point. Miranda is probably a non-issue. It usually is. A guilty plea constitutes a waiver of all error other than the integrity of the plea itself, the jurisdiction of court (seldom a serious issue) or the propriety of the sentence. In federal court a plea agreement sometimes includes a waiver of the right to appeal. There are strict deadlines that you have probably missed. All in all, this does not...

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  7. I had a hearing to settle the record. I had an affidavit from another person that was at the trial to confirm my statements.

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Joshua Sachs
    3. Daniel C Grupenhagen
    4. Timothy A. Provis
    5. Rixon Charles Rafter III
    5 lawyer answers

    Are you saying that the transcript does not accurately relect the testimony, or that the transcript does accurately relect the testimony but the testimony was not true? Either way may be pretty much out of luck. If your recollection of the testimony is different from the transcript then your remedy was a hearing before the judge to correct the transcript. Such a request seldom succeeds. Maybe if the judge's notes and all of the attorney's notes disagreed with the transcript then some part...

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  8. Could Risen be released if the court accepts another case in point in the future?

    Answered about 2 months ago.

    1. Joshua Sachs
    2. Jennifer J Wirsching
    3. James Roy Dickinson
    3 lawyer answers

    The answer to that question could be extremely complicated and might vary depending on procedural details. The subject you are asking about is the retroactive application of decisions, and it is not a simple issue. I certainly do not know enough about Mr. Risen's case to even begin to speculate as to what might happen under any of the various circumstances that might be covered by your question.

    11 lawyers agreed with this answer

  9. Ok how much will the cheapest attorney cost to GUARENTEE the camera light ticket gets dismissed

    Answered 7 months ago.

    1. Joseph Briscoe Dane
    2. Joshua Sachs
    3. Brian K Wanerman
    4. Andrew Stephen Roberts
    4 lawyer answers

    No attorney with a shred of integrity will guarantee the outcome of any case, let alone a criminal case. In most states, contingency fee arrangements in criminal cases are illegal.

    11 lawyers agreed with this answer

  10. If you are Black and you get a White public defender, do you have a constitutional right to a Black public defender?

    Answered 10 months ago.

    1. Peter Christian Komar
    2. Christopher Daniel Leroi
    3. Stephen F Wallace
    4. Sarah Jessica Farber
    5. Joshua Sachs
    6. ···
    9 lawyer answers

    No. Batson is something altogether different.

    11 lawyers agreed with this answer