If I was arrested for misdemeanor possession of illegal substancebut didn’t show up tocourt, now that the statehas since decriminalized the substance does that help me at all?

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If I was arrested for misdemeanor possession of illegal substancebut didn’t show up tocourt, now that the statehas since decriminalized the substance does that help me at all?

From out of state and couldn’t make it back for court; there was a warrant issued. Since then the state decriminalized marijuana.

Asked on February 28, 2012 under Criminal Law, Vermont

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Speak with a criminal defense attorney in your local area and ask whether or not the decriminalization was retroactive. Often times new laws are not retroactive, thus, if you had a warrant for missing court for possession, then that warrant is still valid and you need to address it before you get arrested on the warrant. The Court still has jurisdiction of the warrant if the new law is not retroactive and can hold you accountable for the possession charge despite the legalization of marijuana in your State.


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