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Joshua Sachs

Joshua Sachs’s Answers

5,152 total


  • Appealing your case ?

    If a person Appel his case and lose do they get more time or do the just sleep doing the time that they were sentence for ?

    Joshua’s Answer

    The problem is not what happens if you take an appeal and lose. In that case your sentence stays the same. Problems can sometimes arise, however, if you take an appeal and win. Depending on the nature of the case, the relief ordered by the appellate court, and many other factors, it can sometimes happen that a successful appeal will, in the end, result in a more severe sentence. This is not a question that can be answered in any useful way by an online Q&A forum. You need to consult an appellate attorney in NJ for evaluation of your situation.

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  • Will my boyfriend be sentenced to prison time from florence becacause he re-entered usa after doing prison time and getting de

    My boyfriend has a ice hold on him and was transferred to florence from Phoenix. He has a criminal record and has been deported before. My boyfriend has a baby on the way and a son that is a U.S. citizen and hasnt committed any crimes since 2009....

    Joshua’s Answer

    Unlawful re-entry can be prosecuted as a federal crime if that is what you are asking. Apparently that has not been done in your friend's case, at least not yet. If he keeps re-entering the country after being deported he may well be prosecuted.

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  • What does it mean by status of appeal

    My bf had court today where his motion to suppress stop and search was granted . His next court date is listed for commonwealth request status of appeal .. What does that mean ? Did he win his case with the motion ?

    Joshua’s Answer

    In many states the prosecution is permitted, under certain circumstances, to appeal the grant of a motion to suppress evidence. I would guess, subject to correction by my Pennsylvania colleagues of course, that the judge, having granted your friend's motion, has set a status date to give the prosecutor time to decide whether to appeal the suppression order. At the next court date the prosecutor will presumably inform the court and your friend's attorney whether or not there will be an appeal.

    Did your friend win his case with the motion? Maybe yes, maybe no. He won the motion to suppress and that will certainly help his case. Whether it is enough to win the case outright or not depends on what other evidence the state has to present, and also, of course, whether the state is able to successfully appeal the suppression order.

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  • What do I do about 4 guys in street clothes and 1 man in uniform entering my home without a search warrant?

    1 deputy and 4 guys entered my home without a search warrant or a reason and found under a quarter gram of meth.I know what I had was against the law What I don't know is how can they just violate my 4th Amendment?

    Joshua’s Answer

    There are situations in which the police can conduct a search, even of a private home, without a warrant. But there are also situations where they need a warrant in order to enter and search. It can be a very technical call which rule applies in any given situation. If you have been charged with a crime tell your attorney all about this incident. Your lawyer will evaluate the situation and decide whether a motion to suppress evidence is appropriate. If such a motion is filed the judge will hear testimony and decide whether any evidence seized in the search can be used against you.

    If you have not been charged with any crime there may, as a practical matter, be nothing much that you can do, although you could consult a civil rights attorney about a possible lawsuit against the police.

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  • Where do I find wyoming rule waving statue of limitations for a appeal if I was given false legal advice or misrepresented?

    Judge keeps saying that I need to appeal my divorce decree but it is three years old.my attorney quit and left me hanging and legal aid said that a decree is not appealable. Which is false.

    Joshua’s Answer

    The best thing for you to do, far and away, would be to consult a Wyoming attorney familiar with the state's appeal practice. A little quick checking suggests what I expected, that the rule is nowhere near as clear or easy to invoke as you seem to think. It is no substitute for good appellate counsel, but just to see what you may be up against, and as a preliminary answer to your question, (1) go to the website of the Wyoming Judicial Branch (2) click on the Supreme Court drop-down menu (3) click on Appellate Info for Attorneys (4) click "read more" under Anatomy of a Wyoming Appeal (5) read footnote 65 on Page 153. But do this in conjunction with, not as a substitute for, putting this matter in the hands of appellate counsel.

    Good luck.

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  • Attorney never showed defendant the victims statement which dismissed all allegations previously made. Grounds for appeal ?

    Defendant was aware of an "amazing" statement given to private investigator and requested on several different visits for a copy. Attorney didn't even have his own copy in the case file. Approaching the trial date the defendant wasn't aware of how...

    Joshua’s Answer

    Because this situation involves evidence of facts outside the court record it is most likely that an appeal would not be the proper remedy. There may be some kind of collateral review procedure available under Florida law. In addition, defendant will have to address whatever procedural problems are created by his plea of guilty. How to deal with this situation, if it can be dealt with at all, is essentially a Florida state law question. Defendant needs to consult an attorney familiar with Florida criminal appeal and collateral review practice.

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  • If you file for an appeal, can the sentence that you receive from the appeal be worse than the first one?

    My husband took his case to trial and was sentenced last Wednesday to 18months to 10 years. He wants to appeal, but wants to know if by appealing if the sentence can be worse, in the sense he gets a max of 15 or 20 years or he minimum jumps up to ...

    Joshua’s Answer

    My understanding of the law (as a matter of general principle, not necessarily the law in the State of Pennsylvania) is "usually not, but under some circumstances it can indeed happen." He should consult an attorney familiar with criminal appellate practice in the state in which he was prosecuted and he should do so promptly. I do not know what the deadline for initiating an appeal is in Pennsylvania, but in pretty much every state the deadline is very short. Sixty days is the longest I ever heard of in any state, and shortest I have ever encountered is ten days. So anybody who wants to appeal has to move promptly on the initial steps even though the actual litigation of the appeal may take a year or more.

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  • Is 'citizen's arrest' possible in cases where a federal law has been broken?

    I'm just curious if the above scenario is supported by law, and what processes/paperwork would need to be completed, if it is.

    Joshua’s Answer

    People speak of a "citizen's arrest" but that is really no different from grabbing somebody whom you think has committed a crime, calling the police, and holding on tight until the cops show up. There is no process or paperwork. When the police arrive they may or may not arrest somebody. They might decide to arrest you for unlawful restraint or some similar charge.

    What you have in mind is terribly dangerous, both legally and, more important, physically. Police officers, armed, trained, uniformed and clothed with the clear authority of the law, with backup and support available, can be in great danger of injury or death while making an arrest. You think you won't be?

    And you will subject yourself to the possibility of heavy civil liability if, in retrospect, a court decides that your conduct was not legally justified.

    Federal law, state law, municipal law, jungle law, it makes no difference. Don't try it if you there is any alternative. And there is pretty much always an alternative.

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  • Can i appeal a judgement against me in small claims court?

    Lost a judgement in small claims court against my brother. I wanted to know whether it would be worth my time and money to appeal the case. During the court case, I left out key evidence (that my brother verbally told me that i don't need to repay...

    Joshua’s Answer

    Unlike some other states, Illinois does not provide for an "appeal" from a small claims court judgment in the sense of a trial de novo on request. If you want to seek review of a small claims court judgment you have to take a true appeal to the appellate court and that is a big and difficult project. If you did not arrange to have a court reporter present at your small claims court trial, and if you did not make the proper objections and post-trial motions that Illinois law requires to preserve error on appeal you are unlikely to get anywhere. Even if you did meet the technical requirements for an appeal, it is still a steep uphill battle to get a trial judge's rulings overturned by an appellate court. And if the problem is that you screwed up and did not put in your evidence properly or adequately, that is your lookout and the appellate court is not going to do a thing to help you.

    By all means consult an attorney who is familiar with appeals in Illinois civil cases, but this does not sound very promising, either legally or financially.

    If do want to try to appeal, remember that you must file a notice of appeal with the clerk of the circuit court (not the appellate court) within thirty days of the final judgment that you are appealing from.

    Good luck, whatever you choose to do.

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