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i have 2,class b felonies on my record when i was 17. i am…

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i have 2,class b felonies...
i have 2,class b felonies on my record when i was 17. i am now 50years old. i was recently home searched by swat. they took plants,lights,ext. i have not yet been charged. les than 10lbs. want to know can they file abitchal offender .state of indiana.
Submitted: 6 years ago.Category: Criminal Law
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Answered in 6 minutes by:
2/25/2012
Criminal Lawyer: Lawdoctor, Lawyer replied 6 years ago
Lawdoctor
Lawdoctor, Lawyer
Category: Criminal Law
Satisfied Customers: 1,400
Experience: Practiced criminal law in several states over a 22 year period, from misdemeanors to Death Penalty.
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Thank you for your question. Were your two class B felonies charged at the same time? Thanks
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Customer reply replied 6 years ago

yes

 

Criminal Lawyer: Lawdoctor, Lawyer replied 6 years ago


Thank you for allowing me to assist you with your question.



Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.



Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.



There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!


That is good that the previous felonies were charged together. This means that they should not be able to charge you as a Habitual Offender. IF they do, then your attorney can have it reduced down to where it should be. Don't be surprised if they do charge you as a Habitual, this maybe so that they can get you to plea quicker when they graciously reduce the charges if you enter a plea... a typical ploy. I would strongly encourage you to hire an attorney as soon as possible since the amount you have could also result in other charges such as distribution and the DEA may bring charges as well.

 

Here is the part of the statute that your priors are not Habitual:

 

(c) A person has accumulated two (2) prior unrelated felony
convictions for purposes of this section only if:
(1) the second prior unrelated felony conviction was committed
after sentencing for the first prior unrelated felony conviction;
and
(2) the offense for which the state seeks to have the person
sentenced as a habitual offender was committed after
sentencing for the second prior unrelated felony conviction.

 

 

I wish you the best and remember that anything you say to anyone other than your attorney can and will be used against you.

 

I wish you the best.

 


Thank you again for trusting us with your problem. Good luck and Godspeed.

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Category: Criminal Law
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Experience: Practiced criminal law in several states over a 22 year period, from misdemeanors to Death Penalty.

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