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Joshua Sachs

Joshua Sachs’s Answers

4,358 total


  • How do I know if i have been giving a bogus search warrant? there is no seal. the judge name on the warrant isn't who sign it.

    narcotic agents raided my home looking for narcotic they found nothing but took my money out of my wallet my name was not the name on the warrant is this legal? is it also legal for the agents to hold my 12 year olds and my 9 year old at gunpoint ...

    Joshua’s Answer

    The police faked a warrant? Very, very unlikely. What good what that do them, since it would inevitably be discovered sooner or later, any evidence seized would be suppressed, and the fraud would subject the officers to dismissal, civil liability, and criminal prosecution? In over forty years of practice I have never heard of such a thing happening. I suppose it is possible that a truly sick officer might try it.

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  • Hypothetically I was caught steeling an item that was $10 and some change in total at Wal-Mart. what should i do?

    so hypothetically They made me sign a no trespassing paper and gave me a paper that says Wal-Mart stores is allowed by state statue to recover civil remedies as a result of this incident" I was looking at this sight and people have said don't pay ...

    Joshua’s Answer

    Since the police were not called immediately it is unlikely that there will be a criminal prosecution, but it is not impossible and you will not know for certain until the statute of limitations expires. Whether or not you pay the civil demand is unlikely to have any effect on the decision whether or not to prosecute you, except that evidence that you paid it could be introduced against you at a criminal trial as an admission of guilt, so paying the demand helps the prosecutor's case.

    If you pay the demand you will almost certainly not be sued in a civil action. What would be the point, since you have already paid? However, payment of the demand would again be an admission of guilt that might result in having your name entered on a retail theft data base maintained by the mercantile industry. This could cause you some trouble in the future.

    If you do not pay the civil demand you will probably be pestered with demand letters for a while, but that will be the end of it. Eventually they will stop. It is not likely that you will be sued for civil damages because the cost of filing suit outweighs the benefit to the merchant, but it is possible and it occasionally happens. If you are sued, an attorney can help you resolve the matter.

    Regardless what happens, even if you were to go to prison for years (you won't) you will continue on with your life. Life includes a lot of hard bumps. That is what it is.

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  • Can a sex offender charge be removed from someones record?

    Friend has been charged by state of florida as a sex offender. He was 19 in an online chatroom speaking to a girl 18 or 19 years of age, girl asked him to expose himself through a video chat because he resembled a famous individual. In doing this ...

    Joshua’s Answer

    Your friend was charged and, as nearly as it is possible to tell from your posting, convicted in the State of Florida. What, if anything, can be done about his records and status is entirely a matter to be decided by Florida courts under Florida law. Illinois has nothing to do with it. You are likely to get more useful answers if you repost your question with a Florida posting address so it will attract the attention of Florida attorneys.

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  • 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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