Wednesday, 20 August 2014

Once a law is amended or becomes inoperable can the court still continue to prosecute someone who allegedly committed an act prior to the ne...

Question

Once a law is amended or becomes inoperable can the court still continue to prosecute someone who allegedly committed an act prior to the new legislation? If there is no active law that supports prosecution will the District attorney need the defendant to plead guilty and accept a plea aggreement in order to win the case?



Answer

The new law will have no effect unless it's retroactive. Most are not. Otherwise what matters are the laws in effect at the time of the offense.



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