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Joshua Sachs

Joshua Sachs’s Answers

4,824 total


  • Can I file a Habeas Petition US District Court after losing in the State Supreme Court, even though I am not incarcerated now?

    Can I file a Habeas Petition to the Federal District Court following loss of my case in the State Supreme Court, even though I am not incarcerated now?

    Joshua’s Answer

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    I have not looked that up for a long time. My recollection is that if you are still on parole, supervised release, or restraint of any kind, then yes you are within the scope of federal habeas corpus relief. If, on the other hand, you have entirely completed your entire sentence, both the custodial and non-custodial portions, and are no longer under any restraint as a result of your conviction, then you may be beyond the point where federal habeas corpus can help you. This is, as I said, my recollection of research that I did perhaps two years ago.

    Please keep in mind that federal habeas corpus litigation is ferociously intricate and complicated. Even among capable and experienced criminal defense attorneys, relatively few lawyers are at home with this kind of procedure.

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  • Do clients represented by public defenders have a right to receive discovery information from attorney in criminal case

    im wondering if client who has been charged with a crime have a right to get copies of discovery from his attorney including the video of surveillance of the crime. can attorney refuse to allow client have a copy of the discovery and also how do ...

    Joshua’s Answer

    That varies from state to state. In Illinois, for example, defendants can see the discovery and review it with counsel, but they are not supposed to get copies of their own. The law is usually the same whether the defendant has retained counsel or a public defender. Sometimes it can be hard to get a lot preparation time with the PD because of very heavy caseloads in the PD's office.

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  • Have I "exhausted" my state appeals / remedies to be able to habeas federally?

    I have a "high court misdemeanor" conviction in Michigan. I did not file a timely direct appeal (retained counsel did not file) a year and a half went by, I fired them and received a refund. Filed a 6.500 motion for plea removal for the charge / e...

    Joshua’s Answer

    I won't try to answer your exhaustion question because the answer depends on Michigan state law, with which I am not familiar. Just remember that there can be circumstances in which the same procedural facts that get you over the "exhaustion of state remedies" hurdle will be the procedural facts that can sink on the next hurdle of "state procedural default". I know of no procedure more complicated and treacherous than federal habeas corpus. If you can find a lawyer who really knows this field, and there are not many who do, you will be much better off.

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  • What does it mean that a count as been dismissed/superseded by indictment?

    The other parent to my child has been arrested and charged with two class x felonies for possession of meth and meth precursors, over 500 grams. The meth she is charged with was in liquid form still in the cooking process in what the police referr...

    Joshua’s Answer

    In Illinois a criminal charge is normally initiated by a charging document called a "complaint." The complaint is legally sufficient to get the case moving, and a misdemeanor, that is, a less serious type of charge, can actually be prosecuted on the basis of the complaint. In order to proceed on a felony, a more serious type of charge, the prosecutor must get the approval of either a judge or of a grand jury. If the prosecutor chooses to apply to the grand jury, then the grand jury itself will issue the formal charge, which is called an indictment. When the felony indictment issued by the grand jury is filed with the court, it supersedes, i.e., replaces, the original complaint. The complaint is then dismissed and the case proceeds on the basis of the indictment. That is what has happened in the case you describe, and it is an entirely normal procedure.

    I trust that your friend has an attorney representing her, either private counsel or an attorney appointed by the court. She is obviously facing a very serious situation. Yes, 6-30 is the statutory range for a Class X felony in Illinois, but under unusual circumstances the sentence can actually be much higher.

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  • Is it no due process, double jeapordy, and cruel punishment to double a parking ticket if you can't pay in 25 days?

    The city has a policy of issuing a parking ticket for a violation. You may request a hearing and if found guilty, you must pay within 25 days or the ticket DOUBLES in price. There is no hearing after the ticket DOUBLES. I'm thinking a Due Process ...

    Joshua’s Answer

    Nope. None of the above. And yes, we have come, or come down as you see it, to this.

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  • How long can this go on? When will this case be dismissed? Can we do something to stop her from telling the son about the case?

    3 years ago my husband went to pick up his then 3 year old son from his ex-wife at her house. However, She started an argument and started to hit and shove him while the son was in his arms and he was walking to his car. He pushed her off of him ...

    Joshua’s Answer

    Whether to insist on a speedy trial is a serious and sometimes difficult decision that only his attorney can make. Sometimes it is the worst thing one can possibly do. As my colleagues have all told you, you pose important questions that only his lawyer can answer.

    You ask ""[w]here is his right to a speedy trial?" I know nothing about this particular case but I can tell you that just because you have a legal right does not necessarily mean that you ought to exercise it. Plenty of people have ridden their legal rights straight into the penitentiary. I have seen it happen often. There are reasons that the case is being handled the way it is. Your husband's lawyer knows what those reasons are; we do not. That is whom you should ask.

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  • Can this be removed and have my rights reinstated?

    I was charged with domestic assault when I was 18, I'm now 34 (16 yrs ago). I have no other charges on my record, have been serving honorably in the Military for 13 yrs, and do not plan on returning to illinois (live in GA), I was married for 9 ye...

    Joshua’s Answer

    That would take a little checking. Illinois does not expunge convictions, but for some offenses there is an exception for honorably discharged veterans who can obtain a certificate of eligibility from the Prisoner Review Board. Similarly you might be able to get a certificate of eligibility for sealing if you cannot get one for expungement. Your situation is beyond the capacity of an online Q&A forum to resolve. I suggest that you contact an Illinois attorney who is familiar with our state law governing criminal records. If all else fails, given your apparently good background, the age of your conviction, and your youth at the time of the offense, you might be a candidate for a governor's pardon and order for expungement, although that is always difficult to obtain. Explore the certificate of eligibility route first.

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  • Would that be okay as long as I have the paperwork stating that I have completed the hours?

    Hello I have been doing community service at this one place and I need about 70 hours done. I asked the manager of the community service if I would be able to pay the rest of my hours off as a donation and he said to ask a lawyer about it. Im quit...

    Joshua’s Answer

    Don't try that without the judge's consent, it could get you violated.

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  • Does that mean it was sealed automatically?

    I was arrested in 2012 for 2 class 4 felonys in cook county and my lawyer did nolli pros and motion to vacate and when I finished my drug court probation my judge said I now have a clean record

    Joshua’s Answer

    No records in Illinois are sealed or expunged automatically. If you have never, ever, had a conviction in any state or federal court then you may be eligible to have your arrest and court records expunged. If you have a prior conviction you may still be eligible to have your records sealed. But until then you have arrest and court records that a background check will find.

    I think what the judge meant to say is that no longer have a conviction. But you need to do something about your record.

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  • Are video recordings admissible evidence?

    The alleged victim has accused a person of assault. The defendant is charged. Few weeks later the alleged victim was recorded on a video talking spontaneously and saying what really happen on the day of the alleged assault. Can this video recordin...

    Joshua’s Answer

    I defer to my Florida colleagues on this, but if you are the defendant in this case I strongly suggest that you discuss this issue with your attorney. I do not know what the law is in Florida, but in some states there are laws against non-consensual recording, and you want to make certain that nothing in this video, or your possible connection with it, could subject you to prosecution.

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