Q: Can a habitual be filed on a level 6 theft that was enhanced from a misdemeanor due to a prior theft?
I read on the statues that it cannot but then it also says however it can if the other supporting felonies something or other and I dont understand what its saying. Can u help me? He just did 10 years on a habitual and got out and caught this new theft case. It was a misd. But it was enhanced. Also is there a time frame limit that the state has to file the habitual from the time the person was charged or arraigned or anything like that? Because it has been almost a year since the warrant was served. It's been 7 months since he was arraigned on it.
A: Calculating habitual enhancements can be complicated. What is needed is details of the current offense date, the dates of the prior offenses and judgments, and the charging information. Take all of this data to a defense attorney to get an opinion on whether this is an impermissible double enhancement.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
