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Does "maximum allowed by law" refer to current laws or laws existing at the time of the original sentence?
Anonymous10 views4 answers
If you violate probation terms under the 1st Offender Act the judge can sentence you to the maximum allowed by law. If the laws have changed, which sentencing laws do they have to use? Do they use the maximum available at the time of your original sentence or do they use current (today's) laws?
Generally speaking it is the law at the time of the offense. If there is a new law that law will be applied if there is a clause in the new law stating the punishment is to be applied retroactively.
You can't be punished to a higher extent than that law allowed at the time you committed the crime. The law considers that unfair, as punishment is not only punitive, but also prohibitive. They reason that you might have chosen not to commit the crime if the punishment were harsher at the time, so it wouldn't be fair to punish you under the new law now.
