Ok im 15 and I had gotten into a fight back in march at my school. The courtdate was supposed 2 b in May and then they pushed it back 2 june and then they pushed it back again 2 august 7.(Let me just say they said I have 2 b on house arrest to my next courtdate which was suppose 2 b june,but ended up having 2 b august cause they couldn't get there stuff together. So I hav 2 suffer, still spending all my summer at my house)Earlier this week on mon. I got my permit(I was so happy)Then yesterday my probation officer came by and my mom had told her I got my permit and she said"U know there going 2 take it away right? For 6 months. They just passed the law at the beginning of July. If a juvenile gets convicted they take away ur permit"(I live n VA)Yall kno I was mad. I mean that doesn't even seem right. 2 punish me 4 something that was committed before the law was passed and that wouldn't even b relevent now if it wasn't for dem pushing the date back. Do they have a right 2 do dat?
2007-07-27 14:25:22 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
They kept on pushin it back cause they wasn't keepin up wit the case. AND
Plz excuse all the abb. words cause I was runnin out of room...
2007-07-27 14:26:19 · update #1
LOOK, I SAID I WAS RUNNIN OUT OF ROOM LOL...PLZ STOP IMPLYING THAT IM SLOW OR NEED SOME GRAMMER CLASSES.
2007-07-27 15:01:14 · update #2
You really have to start writing like an adult. Seriously. Because the way that question is written is probably a bigger crime than the fight you had.
Answer to your question is no. They cannot retroactively apply a law that negatively changes the penalty for a crime. HOWEVER, this law does not change your sentence for the underlying crime. If it says that a juvenile who is CONVICTED loses their permit, it is not being applied to you retroactively. It is being applied to you because of your conviction. Whenever that happens. If you had already been convicted and the law came onto the books, they could not penalize you for the pre-existing conviction.
The fact that the court date was postponed several times has nothing to do with it.
Now, you said you have a probation officer. That implies that you already have a conviction for something.
2007-07-27 14:56:16 · answer #1 · answered by Toodeemo 7 · 0⤊ 0⤋
I'd have to read the law itself to be certain, but I think they can probably get away with this.
It sounds like you haven't actually been convicted yet. The law applies to an administrative action upon the occurrence of a given event, that being the conviction.
It may be that this would be viewed as a punishment, or it might not. If it is a punishment, then you SHOULD be subjected to nothing greater than what was in force when the crime was committed, but if it is viewed as an administrative action, it might well be valid.
2007-07-27 14:37:31 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
What the law actually says is that if you are under 18 and have been found not innocent by a court, then you must have the court's permission to be licensed/permitted. However, there is also a provision that allows the denial/suspension of a license/permit if the under age person has been found to be a delinquent by a court, needs supervision, or needs counseling. More than one of these could apply to you.
And none of this would have applied to you IF you had stayed out of trouble.
2007-07-27 14:49:30 · answer #3 · answered by Tom K 7 · 0⤊ 0⤋
From what I am seeing, it isn't the crime itself that was changed, but the punishment for committing the crime.
It doesn't matter; until you are tried for the crime, the crime isn't on the books, and until the crime is on the books, the punishment is/isn't administered.
Let me ask you this - If they had LESSENED the punishment for the crime - say a very small fine and that was all, would you be asking this same question?
You take a gamble waiting. Even if it isn't your fault for the wait, it is your gamble. Sorry.
By the way - please pay attention in English/grammar. Yours needs some serious assistance. . .
2007-07-27 14:37:01 · answer #4 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
it depends on the law and how it was implemented. the legislature of your state can determine if a law is retroactive to previous crimes when it is passed in the legislature. you'd have to find out if it had "retroactive effect" from the legislature. the judge should know that, as well as the DA, but if it was not retroactive, you shouldn't be charged with it if it was enacted after the crime was committed. ask your legal representative to check.
2007-07-27 14:31:21 · answer #5 · answered by scowlcaptain 3 · 0⤊ 0⤋
No, if the law was passed after the criminal offense you can not be tried for it.
2007-07-27 14:28:07 · answer #6 · answered by Glen B 6 · 1⤊ 0⤋
Eyy kid, grow up, learn how to talk and suffer the consequences!
2007-07-27 14:35:27 · answer #7 · answered by Andrew R 1 · 1⤊ 0⤋