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Joshua Sachs

Joshua Sachs’s Answers

5,232 total

  • Iin rutherford county tennessee can I request a court transcrip? I did and the woman behind the counter would not give me one.

    At a traffic stop the officer said I had an outstanding warrant from Set. 2014 for violation of probation. He took me to jail. I was released in a short time with no bail. At the court date I was told in was a failed drug screen and I would need...

    Joshua’s Answer

    I cannot tell you how this works in Tennessee, let alone in any particularly county, but my experience in other jurisdictions is that a transcript is not normally prepared unless somebody orders one, so the clerk will not have it and indeed it will not even exist. Usually one orders it from the court reporter, who charges by the page to prepare it from the notes or recordings taken in court. A local attorney should be able to tell you what the practice on this is in your county.

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  • If your appeal is denied because of failure to exhaust, do you start completely over and appeal at the lower courts ?

    Husband appealed at both lower state court and federal courts at the same time, but feds responded first and told him that he failed to exhaust. The state court responded a week later denying him. Now who do we contact, must we start over ? Must w...

    Joshua’s Answer

    Your question asks about the exceptionally complex topic of federal habeas corpus for state prisoners under Section 2254. This whole subject, and especially the subtle relationship between exhaustion of state court remedies on the one hand, and procedural default on the other, is far beyond the capacity of an online Q&A forum to address in any useful way. You need to consult an attorney who is at home with Section 2254 litigation and there are, relatively speaking, not many such.

    If the federal court will not appoint counsel for your husband (and it does not have to), and if you cannot afford to retain an attorney to represent him, at least try to hire an attorney who knows this kind of proceeding to help you with the answer to this hurdle, which can easily be the first of many. Good luck.

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  • When do we get started ?

    I met a woman on a dating site.after a month and a half she tells me she has 10 mil.inheratence from her sumhow she got thru says to email a certain website posing as an money will be sent to any bank account of...

    Joshua’s Answer

    That is the oldest scam in the book. Don't fall for it.

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  • How do I proceed with settling my charges for shoplifting from Target?

    About a week or so ago, i got caught shoplifting from Target, i gave them back the product ( which totaled around $30). They told me i'd have to for a fine for the said items cost plus the time it took for them to watch me on the cameras and if I ...

    Joshua’s Answer

    The situation as you describe it is slightly unusual. As my colleagues have pointed out, the civil demand and the potential criminal charges have, legally, nothing to do with each other. Whether you pay the civil demand or not will normally have no effect on whether or not a criminal charge is filed. You are under no legal obligation to pay the civil demand at this point and you never will be under any such obligation unless and until Target sues you in civil court and wins a judgment against you. Such civil suits are seldom filed because, even with legislation that allows the merchant to recover an amount greater than any actual loss, it is rarely worth the time and expense to sue. As a practical matter, if the person who receives a civil demand does not pay it voluntarily, the matter eventually just blows over.

    Your case may be a bit different . . . or it may not be. Target claims that if you do not pay the civil demand then the police will be notified. Is that true or is it bluff? Could be either. If the police are called will they take any action on what they will regard as a cold case? Maybe, maybe not. Will the prosecutor even accept the charge? Maybe, maybe not.

    I would consult a criminal defense attorney who practices in the county in which this took place. I doubt that you need more than an initial evaluation of the case at this point, but it will be good to have somebody in your corner who is familiar with the situation and is ready to step in if any pressure does get put on you.

    I am never comfortable making predictions about criminal cases, especially where I am unfamiliar with the facts and have nothing but a short posting to go on, but I think that one way or another you will eventually come out of this on your feet, and very possibly with neither a criminal conviction nor a criminal record.

    But no more shoplifting, please. You sound from your posting like an intelligent young person. You owe it to yourself to have more integrity than you showed this time. You put it toe on an ugly path. Let it be the first time and the last. Good luck to you.

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  • What will happen if I don't pay my civil demand letter from Walmart?

    I was caught shoplifting a $19.99 charger and they put me into their little room and got my name down and contacted the police. The lady gave me a paper saying how I might get a civil demand. I had to pay a $75.00 ticket to the police station. I ...

    Joshua’s Answer

    If I understand your situation correctly you were prosecuted for a municipal ordinance violation and you paid the ticket. That should be the end of the criminal aspect of the matter. The attorney who send the civil demand can, and very well may, continue to send out threatening letters, but the law is that you do not owe anything unless and until the store sues you and gets a judgment. As a practical matter that seldom happens. In most cases it is best either to ignore the civil demand or to have your attorney write a response. There are, however, cases in which some other action is indicated. You might want to consult a local attorney for advice. Relax. This is nothing to freak out about.

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  • Search warrant

    My business has been investigated for fraud. After having my business computers and other materials on a search warrant for about 11 months, the feds in Chicago are finally returning them but under a different AUSA than the one who started the cas...

    Joshua’s Answer

    They raided you almost a year ago and you don't have an attorney yet? You need representation by a lawyer familiar with the defense of federal cases, and you should have gotten on top of this long ago. Attend to it now. If you cannot afford to hire private counsel, contact the Federal Defender office for the northern district of Illinois in Chicago. You may be able to get appointed counsel assigned to your case while it is still at the preindictment investigation stage. And no, it does not mean that you are unlikely to be charged. Get on the stick, at long last.

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  • Do we Must have a Court Reporter during a Divorce Trial to be able to Appeal the Judgement?

    Both Me and my Ex-Spouse were Contesting our Divorce Case as Pro-Se and we didn't have a Court Reporter during our Trial. I need to challenge the finding as to grounds and thus Appeal the Judgement. But since we didn't had a Court Reporter, we don...

    Joshua’s Answer

    You are really confused. You can file your notice of appeal within the thirty days regardless whether your record was properly preserved for appeal, regardless whether you made adequate arrangements to have a record prepared, regardless whether you have any meritorious basis on which to take an appeal, indeed pretty much regardless of any considerations at all. File the notice of appeal on before the due date if you think you may want to appeal. You can always move to dismiss your appeal if you realize that it was a bad idea, but if you miss the deadline you will not find it easy to file a late notice.

    That having been said:

    1. Whether or not you need a transcript in order to pursue an appeal depends on what issues you want to raise. If, for example, you intend that your appeal will be limited to questions on the validity of the pleadings, or on the propriety of a ruling on motions for summary judgment, you might very well not need a transcript at all. On the other hand, if you expect or hope to raise issues that are in any way evidentiary or which are directed toward anything that happened at trial, then you will indeed need either a transcript or an acceptable substitute, otherwise your appeal is going nowhere and you might as well not even bother.

    2. "Acceptable substitute" means that you and your ex must either reach and file a stipulation as to the evidence adequate to allow the court to decide the issues on appeal or that you must file a bystander's report approved and certified by the judge. These are legally acceptable, but as a practical matter they are not very useful or practical except in very unusual cases. Is this a divorce in which you and your ex can sit down and come up with a neutral and mutually agreeable narrative summary of the evidence at trial, including all of the facts needed for the appellate court to address contested evidentiary rulings? If not, you are not going to wind up with a stipulation or a bystanders report that will do anybody any good.

    3. Preparing a bystanders report is a lot of work, and frustrating work at that. I have had to do it twice in forty years of appellate practice and I never want to do it again. A huge effort for a usually disappointing result. If you had a trial on stipulated facts, or something similar, you could maybe do it. On a contested divorce with two pro-se litigants? I don't think so.

    So is it possible? Yes it is, sometimes. Is it possible in your case? Very probably not. Could you pull it off successfully? Frankly, I doubt it.

    I would not mess with appeal work as a pro se litigant. It is hard enough for me, and I have been doing it for over forty years. Good luck whatever you decide to do.

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  • I pawned a gun at pawn shop. Not realizing my felony after 7 yrs

    Pawn shop let me pawn a gun upon checking my drivers license would it show up I am a felon? If so pawn shop shouldn't have let me pawn gun.

    Joshua’s Answer

    I agree with my colleagues. I hope you are not thinking that a mistake on the part of the pawn shop is somehow a defense to a charge of "felon in possession." If that is what you hope, you have a serious disappointment coming.

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  • How can you appeal a subpoena of medical records

    I am a student studying law and ethics

    Joshua’s Answer

    The remedy for a subpoena that you want to resist is not to take an appeal. It would be to file the appropriate motion brought before the trial court in which the underlying case is pending. In most jurisdictions that would probably be a motion to quash the subpoena.

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