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Joshua Sachs

Joshua Sachs’s Answers

4,526 total


  • Do I need a new attorney?

    My attorney has been representing me in a matter that has been on-going since 2008. It was finally set for a trial date for Aug. 10th. The assistant DA and my attorney had reached a form of a "deal" back in May but the Asst DA has taken July off a...

    Joshua’s Answer

    One obvious possibility is for your attorney to make arrangements with the university that will allow him to finish his old cases, especially those like yours that have a short trial date. The judge can order your attorney to stay and finish the case or can allow him to withdraw and give you time to find new counsel. What does your attorney have to say about this situation? You have not told us that.

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  • Is it legal for D.A. to Judge Shop in DUI or any criminal case?

    While it would be next to impossible to prove but say if you or your attorney could prove that a D.A. purposely skipped certain judges in superior court and "magically" or purposefully schedule you to the (T2) second schedule trial after guilty an...

    Joshua’s Answer

    I cannot speak for North Carolina but the issue arose in Illinois back in 1990 in connection with the prosecution's exercise of an Illinois "automatic substitution" statute. The Illinois Supreme Court held that although the state, like any other party to a criminal case, had a statutory right to an automatic substitution of judge under the conditions prescribed by law, that right could not be used to defeat the court's assignment power. See People ex rel Baricevic v. Wharton, 136 Ill. 2d 423, 556 NE2d 253 (1990). The difference between the state and any other litigant, of course, is that the state, as a party to every criminal case, could exercise the statutory right so as to totally exclude a judge from hearing any criminal cases. The Illinois Supreme Court therefore placed restrictions on the state's exercise of its statutory power.

    Obviously the Illinois decision is not binding on any other state.

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  • What is possible defense to charges under 720 ILCS 5/12-3.2(a)(2) in Cook County, IL?

    720 ILCS 5/12-3.2 statute reads as follows: A person commits domestic battery if he or she knowingly without legal justification by any means: (1) Causes bodily harm to any family or household member; (2) Makes physical contact of an...

    Joshua’s Answer

    Pardon me for being technical, but you don't want to know about "defenses." You want to know how the case can be defended. In the law those are totally different things. And how your case can be defended is not something you discuss in a public internet forum. You make an appointment with a thorough, respected and experienced criminal defense attorney, you discuss the case in total candor and strict confidence with your attorney, you discuss it with nobody else, and never post about it online.

    There are some excellent criminal defense attorneys in the Chicago area. Talk to a few and choose somebody with whom you can work comfortably and honestly. If you do not have recommendations already, you could start by looking at the "Find-a-Lawyer" function here on Avvo. Good luck with your case.

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  • Will I make it out of court?? Really thinking about not going.

    OK, I have an unpaid fine for marijuana ($350) I have court on Thursday. I called to let them know I will be able to pay Friday i just started back working. Then i found i had a warrant for a court date from May for Restraint of Dogs I do not have...

    Joshua’s Answer

    Go to court. Nothing that will happen to you will be as bad as the pit you will dig for yourself if you run away. Whatever you are afraid may happen, go in and face it. The judge will at least respect you for that, and that is no small matter. Go in with a lawyer if you can. If you cannot afford to retain a private attorney (and it sounds like money is a problem for you) and there is a possibility that you face any jail time at all, you are entitled to representation by an attorney from the public defender's office or from a court appointment list. You may be all right here, but you won't be if you run away.

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  • What happens after the Supreme Court rules and gives it back to the district court? Is there another hearing?

    He lost in district court. Appealed to Supreme Court for a set visitation schedule by the court instead of the sole guardian. Supreme Court agreed and reversed the decision and kicked it back to the District Court. Do we have another trial in Dist...

    Joshua’s Answer

    There is no one'-size-fits-all answer to the question, "what is the scope and procedure on remand?" The Iowa Supreme Court may have explained exactly what it wants the District Court to do, in which case the answer is to be found in a careful study of the Supreme Court's opinion. On the other hand, the Supreme Court may have been rather general, in which case the District Court judge, with the benefit of argument and recommendations by the attorneys for the parties, will have to decide how best to comply with the remand order. In either event, the Supreme Court's opinion, whether explicit or general, will be the starting point.

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  • Early termination of supervision period

    I under a 12 month supervision period beginning from march 30th 2015 for a retail theft misdemeanor. I have completed the community service and paid all the court costs. I would want to get the supervision period terminated at the earliest since I...

    Joshua’s Answer

    It is totally up to the judge whether to grant early termination of your supervision or not. You tell us that you have complied with the conditions, which is good but no more than you are required to do, and that supervision might be an inconvenience for you in getting work, which it is for everybody. The judge might very well want a lot more than that. You were put on a years supervision for a reason ad you have no right to early termination. Keep in mind that if your supervision is terminated tomorrow you will then have a waiting period of probably at least two years, possible more, before you can apply to the court to have your records expunged. Until an expungement order is actually entered and the police and record-keeping agencies have had time to comply with the order, your arrest and court records will continue to appear on background checks that look at official records. Better think about Plan B for the short term.

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  • Charged w/ municipal ordinance (retail theft) court date is coming up next month, this is my first violation, what to do next?

    First time offense, first time arrested, items amount 25.27 which were general household item, I don't know if I should hire a lawyer, or take a class or just wait until my court date and go from there. Arrested in Darien,IL

    Joshua’s Answer

    I would talk to an attorney in Du Page County. Municipal ordinance violations are handled differently by different municipalities. Some prosecute them in court, others have a municipal hearing officer system, some have a fine-and-compromise arrangement. Your attorney can check the municipal code or talk to the corporation counsel. It may be possible to get you out of this without a record.

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  • Question about tolling an appeal

    A friend filed a pro se lawsuit in federal court about 4 years ago. The judge immediately dismissed the case with prejudice, without the defendant getting a chance to answer or file any motion. The plaintiff didn't mail the order of the judge dism...

    Joshua’s Answer

    I have a hard time understanding how the plaintiff could assert his own failure to serve a copy of the decision on the defendant (which may or may not have been required) can be of any assistance to the culpable plaintiff in extending the time in which plaintiff can appeal. The defendant of course cannot and would not appeal because defendant won the case and obviously the defendant suffered no prejudice from a summary dismissal. I don't see how plaintiff is going anywhere with this.

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  • I am 19 and just started dating a girl who turns 16 in a few months. We do not plan on having sex. Is this legal?

    Hello! Thanks for taking time to look at this. I just started dating my friend who is sixteen (and turns seventeen/the age of consent at the end of the year); I am nineteen. We will not be having sexual intercourse until she is at least at the ...

    Joshua’s Answer

    Perfectly legal as long as there is no sex at this point. Once she reaches the age of consent than mutually consensual sex is no longer prohibited because of her age alone, although there might still be problems if you stand in certain relationships to her (e.g. guardian, teacher, coach, therapist, etc.) or if there is some problem specific to her that might render her purported consent ineffective. That said, here is where a cynical old lawyer sees a danger. You have a nice relationship with this young lady, you hold hands, you go to public places together, you spend some time alone together, everything is great and everything is clean and legal. Then you break up . . . badly. There are very bitter feelings. She goes to the police, or to her parents, or to a counselor at school, and claims you had sex while you were under age. These things happen. Whether there is truth to the accusation or not, you have a serious felony to worry about, and a touch one to defend. So protect yourself. Don't be alone with her until she is of age. It is only a few months. If you care for each other you can wait.

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