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Joshua Sachs

Joshua Sachs’s Answers

4,350 total


  • Filing a Fraudulent document/affidavit in a County court is a State or Federal Crime?

    If a fraudulent document/affidavit is filed in a county court in TX, Is it a state crime or federal crime? Who is authorized to investigate? As per legal info, it can be a Federal crime (since mail/wire fraud also has happened prior to filing the ...

    Joshua’s Answer

    Assuming that the document in question is truly fraudulent, and assuming further that it is filed with a fraudulent intent, it might be prosecuted by either or both, depending in part on whether or not the mail, a courier or a wire transmittal were at all involved. But litigants in private cases, and particularly in divorce litigation that one of my colleagues mentioned, tend to hold much broader conceptions of what constitutes fraud or, especially, perjury than any prosecutor would. In general, no prosecutor wants to be used as anybody's muscle in a private quarrel, and cases with that kind of background are seldom accepted for criminal prosecution at either the state or the federal level.

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  • I got a city ordinance violation notice for drug paraphenlia, I'm wondering if I just pay the fine does it show up anywhere?

    I'm 18, Was arrested previously for marijuana possession (1 gram) and paraphenlia but charges were dropped. The incident happened in Hanover Park, Illinois

    Joshua’s Answer

    It might, it might not. Different municipalities treat ordinance violations differently. Some arrest, some usually not. Some report to the state, some not. In some a fine is a conviction, in others it is a compromise without conviction. Some have their violations heard in court, others by a municipal hearing officer. It is best to consult an attorney who will check the municipal code and, if appropriate, talk to the city attorney.

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  • Where can I look to see if a clemency has been approved or not? Its for a state inmate that filed years ago?

    It was a drug case.

    Joshua’s Answer

    There was apparently a huge backlog of clemency petitions left over from Governor Blagojevich. and I doubt that Governor Quinn was able to get through them all, although he tried. It is a slow process and is probably still backed up.

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  • What do i do when i have signed a conviction to a class 1 felony and have been charged with a class x

    i have papers saying it was a 4 year sentence at 50 percent with 2 years parole when a class x is 6 at 50 percent 3 years parole

    Joshua’s Answer

    I am sorry but your question is hopelessly confusing. If you have an attorney, that is whom you should be asking. If not, you should get one. It is not clear what these "papers" are that you are trying to tell us about. The only thing that might make any sense is that you were charged with a Class X felony but were actually convicted of a less serious Class ! offense instead. That can certainly happen. But you need an attorney to look at your case file and explain to you what has happened. Based on your posting we can only hazard a rough guess as to what is going on, and you should not rely on that.

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  • My car was used in a homiced. What are my options

    I was brought a car under the terms that put in my name and when ever it's needed to be used by my comrades that I would let them . I parked the car and left the keys in it. And it was used in a homicide. What are my options

    Joshua’s Answer

    This is a very dangerous situation for you, far beyond the capacity of an online Q&A forum to give you any help. It is possible that you are implicated in a murder and it is certainly likely that the police will want to investigate the extent of your involvement and knowledge. You should consult an experienced criminal defense attorney immediately and in the meantime you should discuss this case with absolutely nobody - certainly not with any of the other people involved with this car and certainly not with the police - and you should not post about this situation online. If you can ask Avvo to erase your posting you should do so. First thing tomorrow morning make an appointment with one of the many excellent and experienced criminal defense attorneys in Cook County. You have no other acceptable options. That is what you must do.

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  • How do i go about reopening a sexual assault case that has insufficient evidence ? the whole case is bogus...

    i was 18 years of age the female was 17 we was at some friends house i was highly intoxicated she was sober i was passed out drunk she was also sleep she said when she woke up someone had her pants down playing with her viginia and she got up and...

    Joshua’s Answer

    I agree with my colleagues. What you want to do may not be possible . . . probably isn't. But you will have to consult an attorney in your own state who is familiar with what is called "collateral review," meaning criminal remedies like post-conviction proceedings, habeas corpus, or whatever the available procedures may be called in your state. Don't be surprised if the evaluation you receive is deeply disappointing, but check it out and see if anything can be done. Hope for the best, but . . . .

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  • If you have already beed discharged unsuccessfully from probation then get another charge can you get probation.

    The first charge was attempted forgery and was given probation. I was discharged unsuccessfuly. I have another charge now nine years later. Will that effect me getting probation for my new charge.

    Joshua’s Answer

    It is factor that might make a judge reluctant to give you probation again, but it does not make a second probation legally impossible. With a good attorney, good facts, and a sympathetic judge, you could have a chance.

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  • If your not read your rights how significant is it and can your case be threw out

    i was arressted and the officer didnt read me my rights

    Joshua’s Answer

    Sometimes it matters. Usually it doesn't. Rarely, and only indirectly, does it result in a case being dismissed.

    The police are not required to read the Miranda warnings when a person is arrested, nor are they required to read the warnings before a person questioned. The warnings are required only when both of those things happen. In other words, they are required for a "custodial interrogation," meaning the questioning of a person in police custody. You were apparently arrested, so at least from that point you were in custody. But were you questioned by the police while in custody? If so the warnings should have been given to you. If not, then they were not necessary.

    What if you were questioned while in custody and the warnings were not given? Is the charge against you dismissed? No, it is not. What happens? The prosecutor is not permitted to use anything you said to the police in response to custodial interrogation as evidence at trial to prove you guilty. In technical language, your statement is "suppressed." The charges against you can still be prosecuted and the case can go to trial, but the prosecutor will have to try to prove you guilty without using your statement. That is often possible. If, however, there is no evidence against you other than your own statement, the prosecutor will have no evidence to present. In that case, and in that case only, a Miranda violation will indeed result indirectly in the dismissal of the case against you.

    One other thing to keep in mind. If your statement is suppressed, the case goes to trial, you testify and you tell the jury a different story than what you told the police, then pow! . . . your statement comes back into evidence, Miranda violation or no, to show the jury that you told one story in court and a different one to the police. That is called impeachment, and it can do you a lot of harm at trial . . . . a lot of harm.

    So, the Miranda warnings are a much more complicated subject than you might think from watching crime shows on television. Miranda is right up there with hearsay, double jeopardy and the statute of limitations as the most misunderstood rule in American criminal law.

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  • Do I need an attorney if I have a class A misdemeanor for criminal charges?

    I broke Windows at my university but have done everything that the school has asked me to do so I am back on good terms with the university but I still have another court date to attend.

    Joshua’s Answer

    Yes you do. If at all possible you want to come out of this without a criminal conviction. What you did to get "back on good terms with the university" might very well count as evidence against you in the criminal case. The probability that you will come cleanly through this is much stronger if you have counsel.

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  • Can I still become a nurse?

    Back last year I was charged with possession of methamphetamine precursors and meth manufacturing materials. The states attorney gave me two options: plead guilty & probation or go to rehab and get drug tested once a week and the case would be dis...

    Joshua’s Answer

    I am hardly an expert on licensing issues, but I have had to look into the question a few times in the past two or three years. As I read the Illinois statutes, a criminal conviction, even a felony conviction, is not an absolute bar to a nursing license, although it would be taken into consideration. I also agree with my colleagues that based on what you have told us, you may be eligible to have your records expunged.

    However, in my opinion that is not the end of the matter. In order to get a nursing license you may have to make full disclosure of any incident that might raise a question as to your fitness to practice nursing, regardless whether it resulted in a criminal conviction or not, and regardless whether your records were expunged or not. I do not know, but I am inclined to guess that such disclosure is probably required. Your involvement with controlled substances will probably be a red flag to the licensing board, which will at least want to look into the circumstances and make an individual decision about your application.

    There are attorneys who have extensive experience in medical and nursing licensing. I strongly urge you to consult such an attorney not only for advice but also to develop a plan to minimize the consequences that your criminal and drug involvement may have for your licensing and professional advancement.

    You are not the first one to have this problem and there is good legal advice and help available. But you will need a lot more of both than an online forum like this can possibly give you. The sooner you move to head your problems off the more you will accomplish.

    Best of luck to you.

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