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my husband Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'Criminal Charges' started by sltamt, Aug 18, 2001.

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  1. sltamt

    sltamt Law Topic Starter New Member

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    my husband was recently arressted for possesion of a controlled substance non-narcotic. about 10 years ago he was charged with a felony drunk driving and had xanax on him that was not his. he plead guilty to the drunk driving with the belief that the pill charge would be dropped, now this pill charge is coming back to haunt him. what is the statute of limitations on felony charges?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    This cannot be answered without knowing the state and probably the actual charge. 10 years ago is a very long time. Here is an example of Oregon State:

    1) No Time Period: Attempted Murder, Manslaughter or Murder.

    2) Within Six Years or if the victim is under 18 years of age, then anytime before the victim reaches 24 years or within 6 years after the offense is reported to a law enforcement agency or any other government agency, whichever occurs first:
    - Criminal Mistreatment-First Degree
    - Rape-First, Second, and Third Degrees
    - Sodomy-First, Second, and Third Degrees
    - Sexual Abuse-First and Second Degrees
    - Unlawful Sexual Penetration - First and Second Degrees
    - Promoting or Compelling Prostitution
    - Using a Child in a Display of Sexual Conduct

    3) Within Four Years of the commission of the offense; or if victim is under 18 years of age, then anytime before the victim reaches 22 years of age; or within four years after the offense is first reported (whichever comes first):
    - Sexual Abuse-Third Degree
    - Other offenses involving making obscene materials available to minors

    4) Within Three Years:
    - Most other felonies

    5) Within Two Years:
    - Most other misdemeanors

    6) Within Six Months:
    - Most violations (tickets).
     
  3. sltamt

    sltamt Law Topic Starter New Member

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    the actual charge 10 years ago is felony drunk driving. today the charge is possession with intent to deliver. they are trying to charge him with multiple habitual. we live in the state of michigan
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm a bit confused as to what happened recently, whether there is a DUI charge and/or another crime relating to the possession/distribution of a controlled substance. If you are questioning whether he can be charged as a repeat or habitual offender since he already plead guilty on the DUI charge, that is different than the statute of limitations. The statute of limitations gives you the amount of time in which you can bring an action -- for example, an action in civil court in New York for a personal injury in a car accident requires that it be brought 3 years from the date of the accident. After that period of time, the plaintiff is barred from bringing suit. It does not have anything to do with laws that may relate to a prior crime.

    I don't know what statute he was charged with but if you have a public defender assigned or your own defense attorney, he/she should be familiar with MI law regarding habitual offender sentencing. Here is an excerpt from the sentencing guidelines, which may give you an idea as to what defenses you may have -- in addition to others that are probably available from the facts of your case that aren't present here. It might be a defense to state that two felonies occurring more than 10 years apart does not consistute a "pattern of proven or admitted criminal behavior" under this statute. You also have to see what he has been charged with exactly, which we don't know. Habitual offender laws have frequently been called the "three strikes" laws and I also wonder whether two strikes qualifies to be "out" in this instance.

    769.33 Duties of commission; sentencing guidelines; modifications.

    (vii) Maintain separate sentence ranges for convictions under the habitual offender provisions in sections 10, 11, 12, and 13 of this chapter, which may include as an aggravating factor, among other relevant considerations, that the accused has engaged in a pattern of proven or admitted criminal behavior.
     

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