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Joshua Sachs

Joshua Sachs’s Answers

5,152 total


  • What happens when you file an appeal on a criminal case and how long do you have to file for the appeal?

    So my husband was just sentenced on a first degree class B domestic assault after taking an Alford plea. After speaking to other attorneys and getting other advice we have decided to appeal the decision and try to take it back to trial. I am aware...

    Joshua’s Answer

    Most states have severe restrictions on when, how and even whether an appeal can be taken after a guilty plea. If he can appeal he may be very restricted in what issues he can raise and there may be other actions he must take as preconditions. For example, across the river in Illinois a defendant who wants to appeal from a conviction on a plea of guilty must first file a timely motion before the trial judge asking leave to withdraw the plea. I have no idea what the rules and requirements are in Missouri. He had better find out.

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  • Where can I find criminal appeal attorney

    I have been trying to find an attorney to file an appeal. I tried to do that in my county, no help. I don't make much, but I do need help.

    Joshua’s Answer

    • Selected as best answer

    The first thing I would do is check with the respected attorneys in your county who defend criminal cases at the trial level to see whom they would recommend for criminal appeal work. An appeal is likely to be an expensive proposition. If, as you suggest, money is a problem, find out what provisions exist in your state for the appointment of counsel. Many states have a state appellate defender or equivalent office to handle this kind of work for indigent defendants, and the quality of their work is often very high.

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  • Is it a bad idea to switch attorneys in federal criminal cases?

    My husband has a court appointed attorney for his federal drug conspiracy charge, and neither of us feel like he is working for my husband. He will not accept any phone calls from my husband even though they are free, nor return any emails sent to...

    Joshua’s Answer

    I join in the general answer upon which all of my colleagues agree. I particularly agree with Mr. Brosnan that a major factor in the decision has to be (1) whether new counsel can adequately master the factual and legal issues in the case in the two months remaining before the set trial date, and (2) if not, whether the judge will continue the trial to allow additional time for preparation. Some cases are much more difficult and complex than others, and some judges are more generous about continuances than others. This is something your husband should discuss candidly with both his present attorney and with any private attorneys whom he may choose to consult about assuming the defense of his case. I wish you the best of luck and a good outcome.

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  • When filing for a bond appeal do you file with the court you was denied bond with or do you file w/ court of appeals directly?

    Was denied bond

    Joshua’s Answer

    Are you asking about a bond for release from custody pending appeal in a federal criminal case? If so begin by looking at Rule 9 of the Federal Rules of Appellate Procedure and also at any local circuit rule addressing FRAP 9. If you are appealing a federal criminal conviction and cannot afford to retain counsel on appeal, you are probably entitled to appointed counsel, which you should definitely request.

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  • What do these charges mean?

    The man that I previously dated is charged with the following. I'm trying to understand what he did. He told me that he was being sued for "allegedly" touching a teenager on the butt. He said he did nothing, however, I don't know why he has 5 c...

    Joshua’s Answer

    He has five charges against him because the prosecutor is charging every offense, and every theory, that might reasonably apply to the facts that have been reported in the hope that at least one of the charges will result in a conviction.

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  • Who funds the IL Public Defender and State's Attorney?

    Huge funding discrepancy in my county for the Public Defender vs the State's Attorney office. ($25K vs 145K spent so far this year). Are the office budgets and money set and doled out by the legislature or do the individual counties determine how ...

    Joshua’s Answer

    There probably is a substantial funding discrepancy but it may not be as big as the raw numbers make it appear because the duties of the two offices are by no means identical. The State's Attorney is responsible for prosecution of all cases in the county, while a substantial percentage of criminal cases are defended by private counsel. The State's Attorney, in addition to prosecuting those criminal cases in which charges are brought, must also investigate and evaluate many other cases on which charges are rejected. The Public Defender has not comparable responsibility. The State's Attorney must advise and represent the county in many non-criminal matters, which the Public Defender does not do. So is there a difference in financing? No doubt. Is it is vast as your numbers would make it appear. Probably not.

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  • Will my daughter go to jail for speeding 35 mph over the speed limit?

    My 21 year old daughter, who doesn't drink, do drugs, has a clean driving record and who has never been in trouble before, received a speeding ticket for going 35 mph over the speed limit on an expressway in a small town. She was absolutely drivi...

    Joshua’s Answer

    Does she "deserve" jail time? A judge could decide that two days in the county jail are not going to do her any harm, but that her dangerous driving easily could have killed somebody and what she deserves is a very firm lesson. An Illinois appellate court reviewing her sentence would ask whether any reasonable judge could determine that such a sentence was appropriate in her case. Do you think she could win an appeal under that standard of review? For that matter, do you think the judge would be wrong?

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  • How can I appeal child support visitation?

    My sons father was award 80 days per year of visitation with our 3 year old son and I'm very concerned about this. He hasn't spent much time with our son at all and I honestly feel like he wouldn't properly care for him. He still lives with his mo...

    Joshua’s Answer

    I hope you are not planning to handle this appeal yourself without an attorney. Decisions involving visitation are highly discretionary, which means that an appellate court will seldom interfere with the resolution ordered by the trial judge unless it is, by anybody's standards, totally unreasonable. Nothing in your posting suggests that you could come close to meeting this difficult burden. An attorney familiar with family law and appeal practice in Tennessee may be able to develop a strong case that will give you a chance of success on appeal. You, on the basis of your posting, will not be able to do it yourself. And perhaps the attorney may be able to save you a lot of stress and trouble by pointing helping you develop ways to make the father's visitations work safely and successfully if, after careful review, it appears that you cannot possibly succeed on appeal. Ongoing divorce litigation is seldom good for the children.

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  • I am eligible for an expungement of a misdemeanor disorderly conduct on my record as of August 8.

    I would like information as to how to begin the process. I have all the paperwork but what do I need to do? Call the county and request a hearing? File the paperwork and have them get back to me? Any advice on how to begin the process would be gre...

    Joshua’s Answer

    I assume for purposes of responding to your question that you are indeed eligible to have your records expunged.

    You prepare the necessary filing documents and file them in the office of the clerk of the circuit court in the county in which you were convicted, and you pay the filing fee. The clerk will take it from there.

    Practice varies somewhat from county to county. Typically you must prepare your petition to expunge and the notice that is to be sent to all respondents who are entitled by law to receive it. Many counties require that you submit both a draft order granting the petition and also a draft order denying the petition. Some counties require that you also submit a certified copy of the judgment order in the case that you want to expunge and some require a copy of your criminal history that you would get from your local police or from the Illinois State Police. Other counties do not require all of these documents. Ask the clerk in your county.

    In some counties the clerk makes copies and serves all the respondents, so you only have to bring your originals to the clerk's office. Other counties want you to make all the required copies. There may be counties in which you are required to mail out the respondents' copies, although usually the clerk does that.

    When you file your documents and pay the fee the clerk may give you a court date. Or maybe not. Some counties set a court date on every petition, but in others there will be no court appearance unless there is an objection filed or the judge is bothered by something in the petition. Otherwise you may just get your expungement order in the mail.

    The whole process can take a while. Going by the book it should take about four months. Some counties try to get it done faster. Cook County can be very slow. The clerk is your best source of help with filing and local practice unless you prefer to hire an attorney.

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