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Joshua Sachs

Joshua Sachs’s Answers

4,598 total


  • " Do I need a civil rights attorney?

    I was arrested on July 29th in the city of Chicago, by detectives and a "homeland security" guy, (he pulled out his batch)for selling "counterfeit Manchester flags" ( that was the charge), outside the soldier field stadium, the flags I was selling...

    Joshua’s Answer

    I t does not sound as though Miranda is an issue in the case., although that would depend on details that you have not told us. At this point I do not see any basis for a civil rights action.

    The Illinois statutes on counterfeit goods and trademark violations are quite old and, in my personal opinion, poorly written and confusing. Get an attorney who will deal with your criminal charge before you give any thought to civil rights issues. There are good civil rights attorneys in Chicago whom you can consult, but if you are hoping to get somewhere on the Miranda issue I think you are unlikely to get anywhere.

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  • Is it Legal For the judicial System to change a conviction after you have plead guilty?

    I plead Guilty to a class 3 felony, in which I received a sentence of; 3 years doc, and 1 year parole. On my sentence hearing paperwork (signed by both judge and i) it states my charge is "unlawful del. Controlled substance less than 15g" Now that...

    Joshua’s Answer

    No off-the-cuff answer is possible. Too many considerations involved. It could be worth retaining counsel to check this out. A review of your court file and plea transcript would be the first necessity. Otherwise we would be merely speculating.

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  • I have two court dates in one day. Can a family member appear to one on my behalf? While I attend the other?

    one is for desorder conduct the other for a dui

    Joshua’s Answer

    Same courthouse? If so, get there early. Tell the clerk in courtroom #1 that you have to be in courtroom #2 first. Then run up to #2, tell the clerk there that you also have a case in courtroom #1. Ask the clerk to call your case early so you can get back to #1 ASAP. Not the same courthouse, have an attorney cover one of them for you. Mr. Cosgrove is right that an easygoing judge might hold your case on word from a family member, but not every judge is easygoing.

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  • Did i commit burglary?

    I was high and thoughti was being chased by someone. well, really thought i was going to be shot so i broke into abuilding" lots of cameras, to hide for safety. after i was inside for 10 min i saw a phone and called my sister for help. washington ...

    Joshua’s Answer

    I defer to my Washington colleagues on the law of your state, but I have to point out the fundamental flaw in your very approach to the question. You are asking a law school examination question, and this is real life, not Criminal Law 101. What you may have had in the secret recesses of your heart does not matter very much. If a jury draws the natural inference that you went into the bank to help yourself to whatever you might find, you could very well be convicted of burglary and your conviction would, more than likely, be upheld on appeal. The answer to the examination question might well be that the situation you describe is not a burglary. The thought that you may have been charged and convicted for the wrong crime may or may not be a comfort to you while you do your five years.

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  • Expunging a shop lifting felony charge

    my sister was charged with a felony shop lifting charge in Illinois and now resides in Nevada, can she get that charge expunged and would she go about doing so

    Joshua’s Answer

    What matter is the disposition of the charge. If she was not convicted (released without charging, charge dismissed e.g. Nolle Pros or Stricken on Leave, deferred prosecution, supervision, qualified drug probation, "second chance" probation) than she might be entitled to have her records expunged if she has no other conviction. If the outcome of her case was a conviction (probation, conditional discharge, county jail, state prison) then it can never be expunged* but she might be eligible to have it sealed. If she is eligible for relief she would have to file the appropriate petition in the circuit court of the Illinois county in which she was arrested or prosecuted.

    * There are two narrow exceptions, both of which require extraordinary executive action.

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  • Do I need a public defender?

    I got caught shoplifting by Rite Aid security in Prineville. He did not call the police, and he did not give me a no tresspass. I just received a letter from a lawyer stating that have to pay $250 as a civil re imbursement to Rite Aid within 20 da...

    Joshua’s Answer

    In light of the observations which my colleagues have made about the possibility of an extortion issue, the first thing I would do is double-check the letter. Does it indeed say, as you indicate in your posting, that if you fail to pay the demand you will be "prosecuted?" Or does it say that if you do not pay the demand you will be sued?

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  • Did I violate my supervision?

    I was arrested for theft and weed paraphernalia in kane county, I was then given a year supervision. A couple months later I was arrested for possession of marijauna and disorderly conduct in cook county. I went to court for the possesion and diso...

    Joshua’s Answer

    The State could file a petition for violation of your supervision regardless of the outcome of the criminal charge. The State's burden of proof in a criminal prosecution is much heavier than the burden in a violation proceeding, so the outcome of one does not control the outcome of the other. On the other hand, Kane County may not want to bother about trying to violate you.

    Arrest and court records do not disappear merely because a prosecution is terminated. Those records will remain forever unless they are expunged or sealed. There is probably nothing you can do about it until you complete your supervision term and any required waiting period. If you continue to carry weed with you while you are on supervision, and if you continue you do things that attract the attention of the police, you may fail to achieve satisfactory completion of your supervision. If that happens you could find yourself with a permanent criminal record, which will do you no good and potentially a lot of harm. Don't go that way. Supervision may be your last chance to get out of a criminal situation without a record. Don't blow it.

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  • What are the chances of winning an appeal if the appellee does not file a brief in response?

    I am dealing with a child custody case that has a final decision.

    Joshua’s Answer

    The appellant must persuade the court that the decision being appealed is erroneous and prejudicial and that some form of relief is warranted. By not filing a brief the appellee has surrendered the opportunity to argue its position, but appellant still has to carry the heavy burden of convincing the court that the judgment appealed from is wrong. Perhaps the decision by appellee not to file a brief is meant as a suggestion to the court that appellant's position is so obviously weak as not to require any response.

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  • In District Court Of Appeal, what is the difference between a Dismissal of an appeal and an Affirm of lower court ruling?

    The District Court Of Appeal issues different rulings/decisions. When this court affirms the lower court ruling, doesn't this equate to a dismissal of the appeal?

    Joshua’s Answer

    Dismissal generally indicates that the appeal is terminated for procedural reasons with a decision on the merits. Affirmance means that the court has considered the merits of the appeal and has upheld the decision of the trial court. So no, an affirmance is not at all the same as the dismissal of the appeal, and where the judgment of the lower court is affirmed the appeal has not been dismissed.

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  • What can I do about charges that were incurred even though I was never given my Miranda rights?

    Was speeding. Mother is passing away. Father gave me car and I haven't transferred the vehicle in my name yet. Sheriff pulled me over and asked for info and I gave it to him. He said my license was suspended/invalid. He towed the car but did not p...

    Joshua’s Answer

    You may or may not have a defensible case, but the fact that the sheriff did not give you the Miranda warnings is unlikely to be a factor. The warnings are required only under very specific circumstances, and even if there had been a Miranda violation the limited remedy for such a violation is unlikely to help you very much, if It all. Of course, you should discuss this issue, along with all other aspects of the case, with your attorney. If your court date if approaching you should have retained counsel long ago. If money to hire counsel is a problem the judge will appoint the public defender.

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