Skip to main content
Joshua Sachs

Joshua Sachs’s Answers

5,172 total


  • Hi does anyone know a good criminal defense lawyer around Springfield or peoria illinois?

    I have driving on a revoked license and a speeding ticket that I need a lawyers help with, please

    Joshua’s Answer

    Fortunately there are many. As one of my colleagues pointed out, we are not supposed to offer recommendations on this forum. Unless you know lawyers who can give you a recommendation based on personal experience (which is the best way to go) you could start with the Find-a-Lawyer function on the top of this page, ask about traffic or criminal defense lawyers in Springfield or Peoria, check some profiles, maybe look at the kind of answers that the lawyers you find have give to questions, contact those who look like good possibilities, and choose the one with whom you are most comfortable. You are down in Abraham Lincoln country, so you should be able to find someone.

    See question 
  • Is it true in federal court that if you tried to bail out or fight your case they can put enhancements on ur charges

    is it true in federal court that they can put enhancements on your charges if you try to bail out or fight your case I thought that was cruel punishment and I thought anyone has the right to bail it's not like the Chargers or murder of any kind i...

    Joshua’s Answer

    It is hard to see how seeking pre-trial release could ever support an enhancement. Violating the terms of your release can certainly increase a sentence in the event of conviction. Depending on the circumstances it might or might not support an obstruction enhancement. Merely taking a case to trial does not support an enhancement, although it might often foreclose reductions for acceptance of responsibility and, obviously, for a prompt plea agreement.

    The problem comes if you go to trial and testify or present evidence that is completely inconsistent with the jury's verdict, meaning that the jury must have found your testimony or evidence to be untrue. In that case the government might request an obstruction enhancement and, depending very much on the details of the case, the judge might impose it. Of course, if you are actually proved to have committed perjury then you can expect the enhancement.

    So whether certain enhancements are imposed or not is always a very complicated issue. As far as your invocation of constitutional issues, I do not know of any court that would hold that increasing a sentence for a release violation, by enhancement or otherwise, was "cruel" or otherwise unconstitutional. Enhancing a sentence merely for taking a case to trial would indeed present due process problems, but that is not the way it works.

    If you are convicted in federal court your lawyer will have plenty of hard work to do when it comes time to prepare for sentencing. Fortunately, at least in the federal district where I practice, district judges are often persuaded by the defense on sentencing issues.

    See question 
  • Can a letter from an employer be used in a criminal case to prove an alibi that you were working at the time of the crime?

    I was charged with criminal damage to a vehicle, at the time the crime occurred i was at work so therefore i couldn't have committed the crime. My lawyer says i cant use this letter from my employer even though its on a letterhead. He says it can'...

    Joshua’s Answer

    The letter is worthless as evidence in court because it classic hearsay, an out-of-court statement offered to prove the truth of what it says. The person who wrote the letter, must appear in court as a witness and testify under oath and subject to cross-examination. Anybody who saw you at work that day can testify as an alibi witness, but letters, affidavits, etc. are not admissible as evidence. If your work has a clock-in, punch-in or other record keeping system, the keeper of records for the business could appear as a witness to testify as to your time card or sign-in..

    It is not a good sign that when your lawyer tells you something intended to help the defense of your case, your response is, "I don't believe this to be true."

    See question 
  • Can a undercover cop send you nudes as a trap to try to get you arrested?

    Can cops send you naked pictures to try to get you arrested for sexting or something of that nature? Thanks.

    Joshua’s Answer

    You seem to be asking whether, if the police were to lure you into illegal sexual conduct by sending you such pictures, you might be able to defend against a criminal prosecution on the grounds of "entrapment." Your lawyer might very well want to look at the possibility of such a defense, but entrapment is always a very tough sell and juries seldom go for it. The jury would have to determine both that (1) you were actually induced to commit a crime by the government's conduct, which means that government seriously leaned on you and persuaded you, not that it just put the opportunity in your path to see if you picked it up, and (2) that you were not predisposed to commit that kind of crime anyway. 'Tain't easy. Most defendants who rely on entrapment are found guilty.

    See question 
  • Did I pass my background check?

    In 2015 I was found guilty of possesion of paraphernalia and was placed on supervision was withheld. I completed the supervision satisfactorally and it was terminated. I was then arrested again for possesion of cannabis 30<500 grams. I was found g...

    Joshua’s Answer

    Actually, that is not a legal question even though it might superficially appear to be one. Legally speaking there is no such thing as "passing" or "failing" a background check. The background should reveal, one hopes accurately, your history of encounters with the criminal law to the extent that such information is available in public records. But what to make of that information, in other words, whether you "passed" or "failed" is a private decision for the employer. An employer who wants to hire a former prisoner who has been released after doing thirty years for murder can do so, and some do. An employer who, at the other extreme, will not take a chance on an employee with any criminal conviction is normally free to do so.
    So if your particular employer is satisfied with the result of the check, then you passed in the only way that matters. End of story. Congratulations.

    See question 
  • What forms do I Fill out when II get out a Notice of Seizure

    A Drug Enforcement Team went to the house and took two cars and gave me a paper that said Notice of Seizure for forfeiture so where do we get the forms to file a written claim and give it to the forfeiture counsel

    Joshua’s Answer

    What you want to do might be very dangerous. By filing the form you may be claiming ownership to a car that has been involved in drug transactions, and you could be making it easier for the prosecutor to send you straight to prison. I have seen it happen more than once. Please, before you do anything about this, talk to a criminal defense attorney in Oregon. Your discussions will be strictly confidential under the law, so tell the lawyer the absolute, total truth no matter what it is.

    See question 
  • Can I hire a lawyer to appeal?

    I am going to fight my red light camera ticket because I am not at fault. I dont want to go through the hassle of hiring a lawyer so I'm representing myself. If I lose the case can I hire a lawyer to appeal?

    Joshua’s Answer

    Most states have stringent and rather difficult requirements that must be met in order to set up a case for subsequent appeal. This is called "preserving the record." How you do it in any particular state is governed by state law. I have no idea what the rules on preserving a record are in California, but in most states if you do not do it properly you have lost your appeal before it even begins.

    I defer to my California colleagues on whether or not this is a consideration in your state.

    See question 
  • I have a question

    what happens at Plea/Sentencing hearing.do you go to jail on that day, or do you discuss sentencing and have a report date

    Joshua’s Answer

    Since you ask about a "plea/sentencing" hearing I assume that you are asking about an Illinois state court case rather than a federal case. In my experience, an Illinois state court judge typically imposes sentence in accordance with the plea agreement immediately after accepting the plea. It also my experience with the Illinois state courts that bond is revoked immediately upon conviction and the sheriff takes the defendant into custody immediately There could be other scenarios, however. If there is no plea agreement or if the plea agreement does not include a specific sentence, the case may be continued for pre-sentence investigation and a sentencing hearing. Bond may or may not be revoked pending that hearing. Even after imposition of sentence the judge has the authority to stay execution and give the defendant time to get organized. But in general my experience has been that, while federal judges in Illinois are generous about granting long self-surrender dates, Illinois state court judges are not and immediate custody is the rule, additional time very much the exception.

    See question