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Joshua Sachs

Joshua Sachs’s Answers

4,352 total


  • Can a prosecutor file a nolle prosequi motion when a defendant is at large?

    Defendant Failed to appeared at court at felony class 2 charge 3 years ago because of circumstances of his case affected his judgment. At present he is at large. Outstanding bench warrant issued.

    Joshua’s Answer

    I think you asked this very same question six months ago. The answer is the same now as it was then. Yes, theoretically the prosecutor could do that. But why would any prosecutor want to do such a thing? No, I do not think it is going to happen. Stop living in a dream world in which this case goes away. It won't. Contact an attorney who can try to negotiate a surrender and perhaps try to persuade the prosecutor that there is good reason not to pursue this case, but expect that you will be prosecuted and that you will have to defend against the charge. Remaining at large is not going to help at all. If anything it will make the prosecutor even less willing to be forthcoming.

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  • If someone that was caught with APVP (bath salts) in illinos able to actually be charged with possession with intent?

    If someone that was caught with APVP (bath salts) in illinos able to actually be charged with possession with intent?

    Joshua’s Answer

    If, as my colleagues have explained in answer to your other postings, A-PVP is a scheduled controlled substance, then why would it occur to you that one could not be charged and, given sufficient proof, convicted of possession with intent to deliver?

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  • If you are charged with a felony is there any way to keep a nursing license in illinois?

    if you are charged with a felony of possession with intent of a scheduled 1 controlled substance is there any way to keep a nursing license in illinois? is so how do you go about doing that?

    Joshua’s Answer

    I am no expert in professional licensing but I have researched this question once or twice in the last few years. As I understand the governing statute, a criminal conviction, even a felony conviction, is not an absolute bar to a nursing license in Illinois. The decision is made on an individual basis and there is a substantial degree of discretion involved. Of course, any conviction would have to be disclosed. I must tell you that a drug offense, particularly involving one with intent to deliver, is certain to raise red flags with any licensing board in a medical field like nursing.

    You must initially devote your efforts to obtaining the best possible resolution of your criminal case, and you will need excellent representation by respected and experienced counsel, because you have a lot riding on this.

    In addition, you will need an attorney familiar with professional licensing issues in Illinois, if possible one who is at home with nursing regulatory agencies.

    You might be fortunate to find one attorney who can handle both wings of this problem, otherwise you will want two attorneys who can work together.

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  • Should I stick with public defender or go with a lawyer? What's my next move?

    I have been arrested for domestic battery with bodily- against my bf in illinois. I was held overnight. My boyfriend showed up for bond court & didn't want to press charges. State went ahead and had enough evidence to convict. My case is continued...

    Joshua’s Answer

    The only honest answer is that if you can afford to hire a private attorney you should be doing so and should not be depriving the many people who desperately need the public defender of services to which you are not entitled. On the other hand, if the price of private counsel is beyond your means, then you are entitled to the services of the public defender and should not hesitate to accept them.

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  • Can a 26 year old have sex with a 17 year old in the state of Illinois without getting into trouble?

    Can a 26 year old have sex with a 17 year old in the state of Illinois without getting into trouble? No alcohol or drugs involved.

    Joshua’s Answer

    Let's say that no criminal prosecution can be initiated based solely on the age of the parties as you have described them. Beyond that no assurances can be given. Did you pay attention to the case tried in Iowa a week or two ago in which a 78-year old man was prosecuted for ardently consensual sex with his own wife of about the same age? He was found not guilty after a jury trial, but only after the expense and anxiety of defending against a serious felony charge and the embarrassment of having his picture in the papers all over the country on a very private matter. So, "without getting into trouble?" No guarantees.

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  • Can I get probation for a municipal code violation?

    I was recently caught by the police with less than 2.5g of marijuana on school grounds after operating hours and they only gave me a municipal code violation for it. Can I be put on probation or will they just give me a fine and get it over with?

    Joshua’s Answer

    Good question. Illinois Supreme Court Rule 570 contemplates the possibility of ordinance violations that carry possible jail time, and Illinois Supreme Court Rule 579 specifically refers to ordinance violations that carry a penalty of conditional discharge which, like the probation you ask about, is a conviction in Illinois. So I think the cautious answer is that in theory at least you are facing the possibility of a criminal conviction and record, which I think is what you are really asking about. Ordinance violations are treated differently in different municipalities. Some are heard in court before a judge, while other cities use an administrative proceeding before a hearing officer, at least for some violations. The safe thing to do is to consult an attorney who will review the municipal code of the city where you have been charged.

    Our out-of-state colleague is, unfortunately, not correct about the consequences of probation in Illinois. Whatever the law may be in some other states, in Illinois probation is a conviction and is not expungeable. Retaining an attorney to get you through this would be a good idea.

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  • Should i hire an attorney

    pulled over for allegedly speeding, provided an expired license to the officer. a tow was called and upon arrival inventory of my vehicle was conducted. after the inventory i was charged with a dui alcohol/drugs, along with possession of drugs. t...

    Joshua’s Answer

    If the officer had reason to believe you were speeding then the initial stop was proper. If you showed an expired license then it was proper to arrest you, and regardless of the arrest it was necessary to tow the car because you could not drive it. Since the car was to be towed, an inventory search was permitted. Evidence found in a permissible inventory search is admissible in court. Your attorney will go over the facts of your case with you in detail to see whether any of the steps leading to the search of your car is somehow defective so as to support a motion to suppress evidence. There might be something to work with, but If so it does not appear from your posting.

    "Do I have any chance of getting any charges dropped?" Do you mean, is the prosecutor going to say, "I have a good search and a good case, but you look like a nice fellow and anyway here in Effingham we like unlicensed drunk drivers. Motion state nolle pros, judge, let's just forget this one." Let's say it is theoretically possible, but it is not going to happen unless the prosecutor has some good reason to want to go easy on you. You definitely need an attorney. There may be a lot to work with that you have not told us, or it may be a matter of damage control, but damage control, too,can be very important and can make a lot of difference in your future. Good luck.

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  • Appeal and divorce

    How long after a jugment in divorce in Dupage do I have to appeal? We had 30 days after to clear up matters. I am thinking of filing an appeal

    Joshua’s Answer

    In Illinois an appeal must usually be filed within thirty days from the entry of final judgment. In divorce and related family matters there are sometimes other remedies that can be more helpful than an appeal. I encourage you to arrange a consultation with an attorney familiar with appeals of divorce matters so that you can accurately calculate your notice of appeal date and also examine what your options are and decide whether an appeal would be a useful route to follow.

    Be careful here. The Illinois Supreme Court Rules do not recognize a post-judgment period "to clear up matters," so I am not sure what has actually been ordered here. Your notice of appeal deadline may well be running already, and if you do not get your notice filed in time you have probably lost your chance at an appeal.

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  • What's the worst consequence I can get for yelling out f the police?

    They put it as reckless conduct. I have court tomorrow. And I'm hoping they'll just drop it but you never know. Hopefully they will cause I'm a minor. Please help. Lol

    Joshua’s Answer

    I would think that the usual charge for what you seem to describe would be disorderly conduct, a Class C misdemeanor carrying a maximum sentence (for an adult) of thirty days in the county jail. You might also have been charged with a municipal ordinance violation. Whether your conduct in fact constitutes a violation of the law depends on the circumstances and the evidence. Yes, it is possible that the prosecutor will decide not to pursue the matter, but, as you say, you won't know until you get there.

    For a classic tale about a man who yelled essentially the same thing you did at the police, read the short story "Crainquebille" by Anatole France. I think you will like it.

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  • Am I facing criminal charges?

    25 years old. Caught in the parking lot with stolen goods from a retail store by security. Returned all merchandise taken. The store took down my drivers license number. The police were not called at that time possibly not after I left either.

    Joshua’s Answer

    It sounds as though you have not been charged yet, but it could still happen. Discuss this situation with an attorney in a private, confidential, consultation. Do not discuss it online at all and do not speak of it to anybody except your lawyer. The fact that the police were not called immediately is encouraging, but is not necessarily the end of the matter.

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