If you break a law but the law changes after, can the charges be dropped?
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If you break a law but the law changes after, can the charges be dropped?
I got a uniform citation for carrying a firearm without a permit. However, the law just changed to where you can conceal carry without a permit. Can the ticket/charge be dropped?
Asked on March 11, 2019 under General Practice, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends on the law and the nature of the change. As a general rule, once you’ve committed a crime a later change in the law is not relevant. The fact is that you’re still guilty of the conduct that constituted the crime at the time that it happened. That having been said, in some cases if the law is later found to be unconstitutional then it will apply to prior convictions, although that's a rare occurance. At this point, you should consult directly with a local criminal law attorney woh can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends on the law and the nature of the change. As a general rule, once you’ve committed a crime a later change in the law is not relevant. The fact is that you’re still guilty of the conduct that constituted the crime at the time that it happened. That having been said, in some cases if the law is later found to be unconstitutional then it will apply to prior convictions, although that's a rare occurance. At this point, you should consult directly with a local criminal law attorney woh can best advise you further.
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