When a law is amended can a prior guilty verdict be overturned?
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When a law is amended can a prior guilty verdict be overturned?
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xanzibar
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ot necessarily. Whatever it dealt with WAS the law at the time you chose to commit the act. The fact that it is now overturned or nullified, may give you 'standing' to appeal your past conviction - but don't get your hopes up too high. Unless the law was overturned because it was found to be unconstitutional, the fact is that you DID commit an act that WAS illegal at the time and were tried, convicted and sentenced for it. You should probably consult with an attorney for assistance and advice. |
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Fuct
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Only if the amendment is retroactive. |
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Diana B
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Amended?
An amended law is not an invalidated law - so if you would have ended up in the same position, obviously your conviction stands.
You need to be more specific about what law and how it was changed.
In NYS, where we've dramatically rewritten the narcotics laws over the past 5 years, old convictions still stand and have not been overturned. |
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Senor Snarky
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Not usually, no. |
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