Is a New or Amended Criminal Law Retroactive?
If you’ve been charged with a crime – but recently heard that the law is changing – you may be wondering whether or not this is going to affect your case. For instance, a crime might carry more severe penalties now, or you may be subject to charges because lawmakers came up with a new criminal law. You’re questioning: Is a new or amended criminal law retroactive? It’s important to do your research as well as hire a competent and experienced criminal lawyer to help you.
Do you need experienced and effective representation to assist you with a legal issue? Then get in touch with Robin D. Perry. The Law Offices of Robin D. Perry & Associates provide vigorous representation to clients and are a goal-oriented and values-driven firm. We develop creative strategies to win every case, every time and are confident we can help you with your criminal case. Reach out to us today to schedule a consultation.
Are New or Amended Criminal Laws Retroactive?
Typically, new or amended criminal laws – or laws of any kind – are not retroactive. However, that doesn’t mean it isn’t a possibility. The law is a little bit complicated.
A new or modified law will not be retroactive unless there is a saving clause included and it says that the law will be applied retroactively. But this rarely happens. Usually, it’s looked down upon to apply laws retroactively. This could open the floodgate for all kinds of civil liberties issues.
Courts in California need to honor retroactive criminal laws unless they believe there is a constitutional issue that may be at play. If you’ve been charged with a crime, then it’s crucial that you learn all about the laws – retroactive or otherwise.
How This Could Apply to Your Case
The average person doesn’t know the ins and outs of criminal law. Only criminal lawyers will be well versed in existing laws as well as changes to the law and retroactive statutes. They will be able to determine how these laws could apply to your case.
For instance, let’s say you got charged with a misdemeanor, but suddenly, California makes a retroactive law that changes your crime to a felony. You would be facing more severe charges, which could have a very negative impact on your life. Knowing what you’re up against is necessary so that you can properly defend yourself.
You may have also heard about a law that was supposedly going to be retroactive but was struck down. However, you didn’t know it didn’t go through, and now you’re getting stressed out about your case. A criminal lawyer would be able to tell you the facts, let you know your options, and show you the support you need at this time. Then, you can act from a logical standpoint instead of from an emotional one.
What Can a Criminal Lawyer Do?
A criminal lawyer can help you no matter what kind of charges you’re dealing with. As soon as you get arrested, you can call a criminal lawyer and ask them what to do. They will likely advise you to write down everything you remember about your arrest – including whether or not the police read you your Miranda rights (your right to remain silent) and how they treated you during your arrest. For instance, if they searched your car or home without a warrant, that could help your case.
Additionally, a criminal lawyer will let you know if you should pay bail, as well as how important it is not to talk about your case or make contact with any alleged victims or other parties who are involved. They will assist you with collecting proof to strengthen your side, too.
A good criminal lawyer will be familiar with the prosecutors and judges in your area and have solid relationships with them. This is important. You want your lawyer to be someone who is respected by their community.
Your criminal lawyer will help you decide if you should take a plea bargain or take your case to trial. Most cases end in plea bargains because the courts and jails are already overwhelmed. With a plea bargain, you could plea guilty or no contest to some or all of your charges in exchange for having charges reduced or dropped altogether. If you want to take your case to trial because you believe you could win, your lawyer will help you with that as well.
Hiring a Criminal Lawyer
When you’re charged with a crime, you’re given a free public defender, if you want to use them. While this may seem like a good idea, in truth, public defenders are given so many cases at once that they won’t have the time to dedicate to yours. They may not be available when you need them, and they might pressure you to take a plea bargain when going to trial would be the best option. These lawyers are competent, but the system places too much of a burden on them.
If you invest in an experienced criminal lawyer with excellent case results to back up their work, you will have a better chance of winning your case or having your charges reduced or dropped.
Make sure you do your research when looking for a criminal lawyer. Read their testimonials from previous clients and their case results. You can always do a consultation with them to figure out if they’re the right fit for you. Then, you can be much more confident about your case moving forward, and have a better chance of cultivating a bright future for yourself.
Contact Robin D. Perry & Associates
If you need help with criminal charges, then it’s time to get in touch with the Law Offices of Robin D. Perry & Associates today. No matter what, we will fight on your behalf during your time of need. Call us at 562-216-2944 or contact us on our website to schedule your consult today. We look forward to helping you with your case.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
