Culpeper, VA asked in Criminal Law for Virginia

Q: Under va code 19.2-341 am i still obligated to pay fines and penalties from a felony case in 1993?

I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?

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1 Lawyer Answer

A: As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural" changes are not prohibited. As you might imagine, the government tries to argue that a change is "procedural" whenever possible. Whether or not the subsequent change to section 19.2-341 constitutes a "penalty" or is "procedural" might be up for debate but I would certainly argue that there is case law in your favor.

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