Legal Question in Criminal Law in Pennsylvania

Law change after conviction

In 1997 I pled guilty to a federal felony charge. Subsequent to that, my home state enacted a law requiring all persons convicted of certain felonies to report their address to the State Police each year.

QUESTIONS:

1) As I pled guilty and was sentenced under federal statutes prior to the passing of the reporting law in my home state, what remedy do I have to remove the subsequent reoprting requirements? It cannot be proper to modify/change the law, then retroactively apply new penalties. How do I fight this ''grandfathering''.

2) Now, 10 years later, my home state has added additonal requirements, pertaining to the reporting of any vehicles I may own.

Same question as #1.

I don't even know where to begin looking, but this seems like a violation of due process, as I was already charged and sentenced under federal statutes, then later, was told new state laws applied to me too.


Asked on 6/13/07, 2:08 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Law change after conviction

This is a complicated question. Last year I was present when an argument on this subject was presented to the Third Circuit Court of Appeals. I'm do not know how they ruled and I don't remember now if that was the specific issue that they addressed. I think that you should consult with an attorney in the area where you live to have the issue researched and to see if there is a remedy.

Read more
Answered on 6/14/07, 10:02 am


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania