Legal Question in Criminal Law in California
Criminal
If an inmate is serving a sentence for a particular penal code and the penal code becomes ammended at a later date does it affect the current sentence/time being served?
Asked on 6/04/08, 5:51 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Criminal
Generally no. In unusual circumstances a change that favors the inmate can be applied retroactively, but only if that was the intent of the legislature. Changes that would work against the defendant can never be applied retroactively; if they could they would qualify as ex post facto laws, which are forbidden by the U.S. Constitution.
Answered on 6/04/08, 5:57 pm
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