Archived
I want to know how can I re-open a criminal case which led to my deportation (of which I am innocent)?
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Answered on August 04, 2014
It's not clear from your question whether/why you were convicted as you say the victims lied about being assaulted "by my brother" -- why then were...
Archived
Federal criminal tax matter question, but for purposes of helping others feel free to opine on whether it applies in other cases
Richard's answer
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Answered on July 03, 2013
Yes, an attorney can move to dismiss particular charges prior to a plea or other disposition of the case, on any of a number of grounds. Examples:...
Archived
What if someone does not get a speedy trial ?
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Answered on July 03, 2013
If the original charge was dismissed, it's over and recharging her with the same conduct would violate double jeopardy. If the new charges are...
Archived
Can i fix my past time serve conviction after 17 years?
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Answered on September 03, 2012
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...
Archived
Whats time frame to be pick up for burglary
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Answered on January 11, 2010
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...
Archived
So once someone gets sentenced and is sitting in jail their time is counting right?
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Answered on January 07, 2010
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...
Archived
Can Brady be asserted in N.Y. State C.P.L. Sec.440.10 motion as the same or Brady is a different type of motion?
Richard's answer
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Answered on January 04, 2010
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...