Criminal Law Questions? Ask a Criminal Lawyer.
New laws, unless they are retroactive, will not apply to incidents of the past. They only apply to incidents that happen from the "effective date" forward.
In this new law, it is clear the effective date is "starting Jan 1, 2013"
Therefore, you cannot use this new law and apply it to your situation.
It is pro active as opposed to retroactive
The a person from DDS said "the new law will apply to anyone after the date of signing the law by the Gov.." My question is does this particular law apply from date of arrest or from date of conviction?
That is not correct information
It will only apply after the Effective Date which is Jan 1, 2013
It is not when the law is signed. Otherwise there would be no need for it to say Effective or Starting on...
Are you basing this on laws in-general or this law in particular?
All laws in all states and in the Federal Congress are the same
It is the way laws are made and how they are applied for legal purposes
It is the one continuity within the states that remains the same throughout the country when it comes to new laws being made and how they are applied
If you want you can verify the information with the Georgia General Assembly where those laws are made
and speak to your elected representive to the State Legislature or someone in the General Assembly who can help further explain how laws are made and why they are effective with pro active or retroactive
and very few are ever retroactive
I can get you that contact information if you want to verify my information as true and correct
the information you are getting from that other person is not true or correct. They are wrong and have no idea what they are talking aout
If I was arrested in December of 2012 and Convicted in January 2013 after the law went into effect, would it apply to me then?
I am just trying to understand if arrest dates or conviction dates make a difference.
It would apply if you were not sentenced after Jan 1, 2013. Yes.
Because an arrest is not a guilty finding
And so you would have to be convicted and then sentenced after the Effective or Starting on date
It is not about an arrest after Jan 1, 2013. Though if you were arrested after Jan 1, 2013, it would apply too - but only if you were convicted and then only because such conviction took place after Jan 1, 2013
Thank you very much for the info. Have a great new year.
Here is a link to the General Assembly staff
I suggest you can contact the Chief Counsel and have it further explained to you
Do not hesitate to call. You are a taxpayer and have a right to have your questions answered
by these members and their staff
They are paid with your tax dollars
It is not an easy concept to understand. So do not hesitate to call them
If you have other questions, you may reply here and I will continue to assist you. Otherwise, please rate "good to excellent" below so that I may get credit for my time and information to you in this regard. Thanks
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