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Joshua Sachs

Joshua Sachs’s Answers

4,813 total


  • What does it mean to strike a motion? How does it work?

    If the police officer lied to obtain a warrant and a Frank's motion is filed why would the state's attorney move to strike the motion if the police clearly lied? How does that work? What does it mean to strike a motion?

    Joshua’s Answer

    Lawyers and judges are not always careful about the words they use. A motion to strike a filing is appropriate where there is something serious defective about the filing itself, other than the merits of the issue. Your Franks motion might be subject to being stricken if, for example, it was a duplicate of a motion on which the court had already ruled, if it was not properly served on opposing counsel, if it seriously failed to comply with the rules for motions, if it contained irrelevant, scurrilous and offense matter, etc, etc. The merits of the motion would be properly addressed in a response or reply, not by a motion to strike.

    Forty years of experience in criminal practice have shown me that litigants are very free with the words "lie", "liar" "perjury" and the like. Lawyers and judges are considerably more cautious and do not assume that contradictions or improbabilities are synonymous with lies and perjury. As a rule, accusations of deliberate falsehood, unless the proof is unquestionable, do not arouse judicial sympathy.

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  • Where can I access/view copies of 2255 motions that have been decided/dispostion? Thank you.

    Where can I access/view copies of 2255 motions that have been decided/dispostion? Thank you.

    Joshua’s Answer

    Probably a combination of Mr. Richman's and Mr. Hurt's answers is the best way to find what you want. Research on 2255 cases as Mr. Richman suggests should help you identify by case name and court number some of the cases that you might want to look at. You can then use the court's PACER system to look at the actual petitions filed in those cases. Your real problem is going to be how you are going to distinguish good legal work from bad, a well-presented petition from rubbish, and a meritorious petition from one that is totally bogus. These differences are not easily apparent to a non-lawyer or to a stranger to this kind of litigation. But that is how you get started. Good luck.

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  • What exactly do I need to do to get a felony conviction from 20 years ago for carrying a gun reduced to a misdemeanor?

    I need to get a felony conviction for carrying a gun reduced to a misdemeanor but my biggest problem is I live in Az. and can't afford to go to Il for court or hire an attorney and I'm certain none would take my case pro bono. I do have a sister i...

    Joshua’s Answer

    You being out of state is no problem at all. Your problem is that, unlike some other states, Illinois does not permit an offense to be reduced in level after conviction. So what you want to do cannot be done. Moreover, an Illinois conviction cannot be expunged and, while a few Class 3 and Class 4 felonies can be sealed, I do not believe that yours is one of them. You could look at the expungement page of the Illinois State Appellate Defender's website to see if there is any possibility of having your conviction sealed. If that option is not available then the only way to get rid of your conviction is by a pardon from the Governor, which is not easy to obtain.

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  • Will i still be able to get the job

    I was offered a position at target but i have a theft misdemeanor in my record from the summer of 2015 and i was charged with a fine December 3rd

    Joshua’s Answer

    That is not a legal question. The law does not prohibit Target from hiring you and the law does not require Target to hire you. It is up to Target, just as it is up to you, should Target offer you a position, whether you want to take it. But as a practical rather than a legal answer, a retailer might well be reluctant to hire a thief. Can you blame them?

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  • Can they charge me with the theft I'm on video at a few stores but never with him and I don't touch the stolen goods

    If my friends went into a store and I stayed outside then as the walked to the door I walked through but the manager grabbed the bag from my friend before he was actually outside the store and he walked away as I went to buy a soda and then they p...

    Joshua’s Answer

    So you are on video at multiple stores apparently acting as a lookout or some other kind of accomplice while your companion takes things off the shelves, right? There would seem to be adequate grounds for arrest and very possibly enough to support a conviction. The fact that you yourself never touched the merchandise is not very much help, since you are guilty of the offense if you play any part in committing it. You could be guilty under some factual scenarios even if you were not present when the theft was committed. I suggest you consult an attorney about this situation.

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  • How do I go about getting a lawyer and an appeal? Since it is a he said she said case, can I appeal for false conviction?

    When you look at the case, there is no evidence other than he said she said. Now, my father has been in jail for 9 years. Back when the case was going on he talked to a lawyer,and the lawyer said that they case could easily be thrown out and he wo...

    Joshua’s Answer

    Note that I do not practice in Colorado and that you need the advice of an attorney from that state. Just as matter of general principles, however:

    If he has been in custody for nine years I would assume that either he already took his appeal and lost or else that for one reason or another he decided not to appeal. The time limit for initiating an appeal is usually measured in days from the date of sentencing. It would be extraordinary, indeed pretty much unheard of, for an appeal to be permitted at this late date. There may be some other form of review available, but it seems very late for that, too. Nothing in your posting suggests any grounds for a successful appeal or review petition. You should, however, consult an attorney familiar with criminal appeals and collateral review in Colorado.

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  • How much time is my brother looking at. No background but this his first charge witch is a felony

    He is being charge with bank robbery using a note.no gun involve an his first case ever . He doesn't even have a background at all...so I'm wondering what is the outcome for a situation like this an how much jail time could his face... Honestly! ...

    Joshua’s Answer

    Bank robbery is often prosecuted in federal court. Your brother is not looking at jail but at federal prison. The laws relating to federal sentencing are quite complicated, far more than can be summarized here. Your brother is, however, looking at the possibility of a very serious prison sentence. He needs an attorney, and probably needs one familiar with the defense of federal criminal cases.

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  • If I have a warrant in cicero Illinois and I go walking around chicago illinois will I be arrested as soon as a police sees me?

    I have a felony for something stupid. I have a posession of a unlawful weapon and I have a warrant for not showing up to court.

    Joshua’s Answer

    It is most unlikely that any officer will recognize you or will know that there is a warrant out for your arrest, so no you will not be arrested as soon as an officer passes you on the street. But if you are stopped for a traffic ticket or have any other police contact it is likely that the warrant will turn up more or less immediately and you can indeed expect to be arrested.

    Contact an attorney to make arrangements to get into court immediately to satisfy the warrant and address your case.

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  • My question is does this sound like an illegal search? I don't have any past criminal history at all.

    A search warrant was warranted for myself. Possession with intent \ marijuana. They let me know almost immediately they weren't there for me. My bf was arrested , I was only detained during search. They found drugs and guns, took 3 cell phones inc...

    Joshua’s Answer

    Your description of what happened is somewhat confusing and unclear.

    It sounds as though what happened is that the police obtained a warrant to search your dwelling and that they were hoping that the search of your property would yield evidence of criminal conduct by your BF. It also appears that they did find such evidence, or what they believe to be such evidence,.

    The fact that the search implicated your BF rather than you would not seem to me to invalidate either the warrant or the search. Whether he has any basis to contest the result of the search is impossible to say and that is something for his attorney to consider, as no doubt will be done..

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  • Can his lawyer charge a additional 3,000 just to have it sent to lab?

    My spouse was picked up by the feds on intent to deliver charges. He had already had a lawyer I guess on stand by. The lawyer stated that he would charge $10,000 for the case. everyone else had court appointed lawyers and they had theirs tested in...

    Joshua’s Answer

    Basically, your statement sounds inaccurate. The attorney is not charging an extra $3000 to send evidence to the lab. The lab is charging $3000 to conduct testing on the evidence.

    An attorney's fee is for legal work that the attorney does, not for additional expenses and for the charges of detectives, investigators, experts, photographers, printers, or any other sort of help that may be needed. It would be very rare indeed for a lawyer to negotiate a charge for a case that would include all expenses, many of which may be unforeseeable in the beginning. In the unusual case in which such an agreement were possible, the cost would presumably be substantially greater, perhaps several times greater, than the attorney fee alone.

    A wise lawyer, just like a wise building contractor, always uses a written fee agreement that makes very clear what is covered in the agreed charge and what would be extras or otherwise outside the agreement.

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