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Joshua Sachs

Joshua Sachs’s Answers

5,169 total


  • What is entrapment?

    I was recently charged with patronizing prostitution does it matter if I asked if they were affiliated with law enforcement

    Joshua’s Answer

    The idea that an undercover officer must acknowledge official status in response to a direct question is an urban legend and is, if you will think about it for a moment, preposterous.

    Does the refusal to acknowledge a law enforcement connection have anything to do with entrapment? No, not in any significant sense. If you really want to dig into the complicated subject of entrapment and what at least one court that has seriously explored the issue thinks about what entrapment means and what it doesn't mean, curl up in a comfortable chair with a copy of United States v. Mayfield, 771 F3d 417 (7th Cir. en banc, 2014).

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  • I need a DUI lawyer that can handle an appeal.

    I was in a car accident 4/17/15. I was taken to the ER and examined. I was given Tylenol extra strength and Ultram. The hospital didn't write down I was given medication. I had to leave blood and urine samples. 8 months later, I receive a letter i...

    Joshua’s Answer

    The first thing any lawyer would want to know is the precise procedural status of the case, and that is unclear from your question. Have you been prosecuted and convicted on a DUI? Are you litigating a license suspension before the Secretary of State? In the circuit court? I am not asking you to answer here but it is not clear who could best help you. Apparently you have already been represented by at least one attorney in connection with this case. Why not either stay with one of the lawyers you already know or ask for a referral?

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  • Can I fight a new Section added to my State's Code if I feel that it violates ex post facto?

    I have been required to register as a sex offender in Indiana since October of 2004. In July of 2015, a new Section was added to Indiana Code that makes it a Level 6 Felony for someone that is required to register as a Serious Sex Offender to be f...

    Joshua’s Answer

    Your argument has a certain logic, but in my experience such contentions generally fail because the registration requirements are considered collateral, rather than direct, consequences of conviction. I have no idea what view of the matter is taken by the courts of Indiana in construing their own state constitution. I would guess that you can certainly bring some kind of legal challenge to the enforcement of the statute. Whether you would succeed is quite another matter.

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  • What type of lawyer handles violations of section 1983?

    I was approached by the police as they rec a call re an alleged theft. I was arrested on felony theft charges. I spent 3 days in jail because they were understaffed and the couldn't give me my personal property to bond out. I the had to bond out,m...

    Joshua’s Answer

    I suggest that you consult an attorney who handles civil rights cases. There may be both state court and federal court remedies potentially available to you. Section 1983 is a federal remedy.

    I suggest that you leave the selection of remedy to the attorney.

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  • Should I file for an appeal, and is it likely that my appeal will be granted?

    I got into a minor auto accident and was charged and found guilty of a DUI. The judgement was based only on the field sobriety test (my breathalyzer was not included into evidence because I blew under the legal limit). My lawyer's defense was, in...

    Joshua’s Answer

    "He did not prepare for my trial adequately and with due diligence" is not the standard. A defendant seeking to challenge a conviction on the grounds of ineffective assistance of counsel must demonstrate both (1) representation that falls below the range of competence demanded of attorneys in criminal cases and (2) a reasonable probability that, were it not for the deficient performance of counsel, the result of the case would have been different. It is a very difficult standard to meet .

    Consult an attorney familiar with criminal appeal practice in Hawaii.

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  • How will a battery charge affect me? What kind of sentence am I looking at? How long will it stay on my criminal record?

    I was accused by a guy of not picking after my dog which is not true. He harassed me and said he was going to take a picture of my dog and I so I can get a ticket. He follow me trying to take a picture even after a repeatedly told him not too. H...

    Joshua’s Answer

    If you are able to avoid a conviction you can probably get your arrest and court records expunged sooner or later, depending on the precise disposition of the case. But if you are convicted you are likely to find yourself with a criminal record that will be around your neck forever.

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  • What is the job of the "village prosecutor" in Illinois?

    I do know a little bit because he is the guy in village court on local municipal ordinance violations . But I'm wondering how his job Intersects with the prosecutor in state court in determining which case belongs in which court. Do they coll...

    Joshua’s Answer

    I am going from memory here and without the statutes in front of me, and it is a year or two since I had to look into this in any serious way, but here is my recollection:

    1. The State's Attorney is responsible for the prosecution of all violations of state law, including the Vehicle Code.

    2. The municipal attorney is responsible for all prosecutions of municipal ordinances.

    3. With the written consent of the State's Attorney the municipal prosecutor can prosecute certain violations of the Illinois Vehicle Code.

    Some communities obtain consent from the State's Attorney to have the municipality prosecute Vehicle Code cases, in which case the municipality, rather than the state, may get to collect the fines.

    If you repost this as a municipal law question you may get a more accurate answer.

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  • 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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