I have been doing some research on criminal law in Vermont and I wanted to ask about a Grandfather Clause. For instance, lets say someone committed an armed robbery in 1994 but weren't charged until 2000 with the crime. During that time the criminal law changed since 1994. Would the person being charged be charged with and get penalties according to 1994 or 2000?
Criminal Defense Attorney
Although I do not practice in Vermont, I can tell you that most states have laws that direct a court to apply the sentence that was in effect at the time the offense was committed. However, most states also have laws indicating that if a newer law has been passed reducing the penalty, the defendant would get the benefit of any sentencing provisions of the new law.
Hopefully a criminal defense lawyer from VT will see your question and fill us in.
Dan J. Weisenburger
Attorney at Law