Expert: Robin Sexton - 6/28/2008

Question
I have two felonies that are from 1994.june 27 2008 today i was popped for manufacturing of mariluana they got four plants and less then a 1/8 of weed. can they three strike me for that?

Answer
Derek,

Michigan's Habitual Offender act would include you.  It is an enhancement to what ever sentence you are convicted of.  It is not automatic.  The prosecutor will obviously charge you with  Manufacturing and probably being a Habitual offender.  The habitual offender tail would up your maximum sentence.  So third habitual could be a serious problem for you. That is the theory
Now the reality.  Our prisons are full and despite what the doom and gloom people say there are not a lot of people in the prisons for drug offences.
Mostly the Habitual is used as a plea inducement.  Work with you attorney you will be able to work out something.  Normally unless you have been convicted of habitual offender before you are really held accountable.  You are really pushing you luck you may want to find some other type of activity.  If you ever get involved in some serious problems you will be facing some serious prison time because of all this minor stuff.

Hope this helped

Robin