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Joshua Sachs

Joshua Sachs’s Answers

4,597 total


  • Does the defendant need a lawyer to get out of this situation?

    My brother is currently in jail and has a parole hold he was sent to jail on a domestic and the story is completely false the victim exaggerated to the police to have them make the defendent leave but instead they arrested him he didnt do anything...

    Joshua’s Answer

    Maybe he can get out of it, maybe not. It depends on many factors, mostly how the testimony comes in at hearing or at trial. Does your brother need a lawyer? Yes, for sure. He is in danger of both being convicted on the domestic battery and of being violated on his parole. Prison time is a serious danger in this case. I would put this matter in the hands of an experienced and respected criminal defense attorney who practices in your county.

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  • When you put up bond for someone do you ever get that money back?

    I bonded my child out of jail and I would like to know if I will ever get that bond money back.

    Joshua’s Answer

    My out-of-state colleagues are familiar with a system that does not exist in Illinois. In Illinois bondsmen are illegal.

    In Illinois a defendant makes bail by depositing 10% of the amount of the bond with the clerk of the court. Regardless who provides the money, the bond is the defendant's bond. Unless the defendant violates the bond the deposit is returned at the conclusion of the case. However, there is a 10% charge payable to the clerk on every bond, so for a beginning only 90% of the deposit is coming back. If the defendant is found guilty there may also be fines and costs deducted. If the defendant assigns the bond to pay the defense attorney's fee, then the lawyer's fee comes out of the refund. Whatever is left after all fees, costs, deductions, etc., is returned. Normally the clerk returns the bond to the defendant by check issued by mail a few weeks after the conclusion of the case. You should check with the clerk of the circuit court to find out whether the check can be made out and mailed to you as the person who actually posted the bond money.

    If the defendant violates the bond the deposit is lost and the remaining 90% of the bond becomes payable.

    So the answer to your question is "yes, but. . . .", and how much you will get depends on many factors.

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  • Which rule of the 'federal rules of civil procedure' when is the time to give in a notice of appeal

    or which rule does it talk about it

    Joshua’s Answer

    Federal Rules of Appellate Procedure, Rule 4.

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  • I am representing myself in federal child porn case I filed an affidavit describing my activities and filed it in person

    then I filed motion to compel government to dismiss charges and the government filed opposition calling my motion frivolous and demanding that I refrain from filing such motion again I responded that it is not frivolous and re-filed motion now the...

    Joshua’s Answer

    You probably can't. On the good side, when you are marched off to prison for a very long time, as appears likely from your posting, you will not be able to blame your lawyer, and that will be good for your integrity.

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  • How can I get my manslaughter felony off my records???

    Back in 2005 i shot someone who attacked me with a pipe and Louisiana doesn't carry "self defense" ( from what I was told) back then, so I pled guilty to manslaughter... now I can get a job because this pops up every time they do a background che...

    Joshua’s Answer

    Because this is a Louisiana conviction any relief you might be able to obtain would have to come from a Louisiana court under Louisiana law, regardless where you are living now. You should contact an attorney there. No Illinois court will be able to do anything for you.

    If you repost your question using a Louisiana address, lawyers from that state will be more likely to see it, and they are the only ones who can tell you what, if anything, can be done.

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  • If a statue has a degree of penalty (minor class4, felony class class2) Is it illegal to go immediately to the harshest of penal

    Husband in jail for driving on revoked driver license, went to jail in 2012 for a 9 months to a year

    Joshua’s Answer

    Are you asking whether a defendant can receive a maximum sentence for a first offense? Yes, it is entirely possible, certainly nothing illegal about it. Under particularly aggravating circumstances a first-time defendant could receive not only the statutory maximum but extended-term and consecutive sentences. Absence of a prior criminal record is generally considered a mitigating factor that would tend toward a less severe sentence, but no single factor, whether aggravating or mitigating, is controlling.

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  • Do You Go To Federal Prison Right After Pleading?

    I was arrested on federal firearm charges roughly 3 months ago. I was released on pretrial shortly after that. I am on ankle monitoring and have had no issues passing UA's, being home by curfew etc. I have strong ties to the community, only a one ...

    Joshua’s Answer

    My experience, which does not include the federal courts in Kansas, is that this seems to vary from one federal district to another. In the northern district of Illinois, which is where most of my cases arise, the courts tend to be very liberal in allowing pre-sentence release regardless whether the conviction is by plea or after trial. Self-surrender is also liberally allowed in that district. A crime of violence, risk of flight, and violation of release terms will, of course, make any judge reluctant to allow further release or self-surrender.

    You attorney is the one to advise you on this question.

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  • Could I Have Been Profiled Or Just Targeted By Officers?

    One Morning I was Just taking to a friend outside his house and after a little talking I reached in my pocket and pulled out money i had owed him for helping me in a financial problem and so after that we shook hands and I turn my bike around and ...

    Joshua’s Answer

    Sounds like you stepped into the middle of a drug surveillance and the officers, rightly or wrongly, interpreted the exchange of money and the handshake as a drug deal. I don't know about Florida, but plenty of judges in Chicago would find that probable cause was established by the facts that you describe. It sounds as though the police are more interested in your friend than they are in you If you are charged with a crime, consult an attorney.

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  • I need a document "translated" from the 6th circuit court... was his appeal approved or denied?

    Filing 17 ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS signed by Judge William O. Bertelsman on 3/16/2015. IT IS ORDERED that the Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclusions of law of this Cou...

    Joshua’s Answer

    First of all, I am guessing that you misquoted and that the citation is to 28 USC §2254, not to §2245.

    That aside, I agree with my colleagues. It looks like the federal district judge has agreed with the report and recommendation of the magistrate judge that the habeas corpus petition was filed too late, and the petition has been dismissed as untimely. The district court has also ruled that the case is not close enough to justify a certificate of appealabilty. That means the only way the petitioner can appeal from this order is to seek a certificate of appealability from the court of appeals. If the court of appeals also denies the certificate, then the case is essentially over.

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