Richard Ware Levitt’s Answers

This is a problem we have dealt with many times when consulted by immigration lawyers whose clients are trying to un-do an old conviction to avoid deportation. The responses you have been given thus far are generally correct, but, as one poster states there are some narrow exceptions. The first thing we do is obtain and review the court file and also obtain a copy of the transcript of the guilty plea proceedings (although if not already transcribed these are sometimes difficult to track down...

Under section 30.10 of the Criminal Procedure Law the statute of limitations on a burglary is five years. This period can be extended by up to five years under certain circumstances, such as if you are continuously outside the state or your location is continuously unknown and not ascertainable by the exercise of due diligence.

Brady issues are routinely brought under CPL 440.10(h), which empowers a court to vacate judgment where "obtained in violation of a right of the defendant under the constitution of this state or of the United States." See People v. Baxley, 84 N.Y.2d 208, 212-13 [1994]; see also People v. Wright, 86 N.Y.2d 591 [1995] ).

I can't speak for Georgia law but, as far as I know, every jurisdiction provides credit for time served, whether in "jail" or "prison." The only common exception is where the person has two or more sentences to serve from the same or different cases and the sentences are not being served concurrently (but rather are being served consecutively), in which case the person will be receiving credit for one sentence but not the other.