Need Info About the Obitual Criminal Laws in in-How Far Back Can They Go?Any Info on the Law at All?

Question by shortyred317: Need info about the obitual criminal laws in IN-how far back can they go?Any info on the law at all?
Are the laws in all States the same? Say someone has a 18 year old burglary charge, 5 year old robbery, and now is faced with posession of a controlled substance and trafficing with an inmate. They offered a plea of 2 years, do 1. He didn’t accept the plea and now they say they are going to file an obbitual on him which carries 10 years in prison. The public Defender and him do not see eye to eye and he seems to not have have an open mind to his best interest. Should he ask for a new Public Defender? That will buy a little more time. The circumstances in which he caught the trafficing charge are complicated. The WOMEN that was in the medical cell next to him asked him if he was sick, which he was. Coming off of Methadone and Heroin which has many side affects such as withdrawel, vomiting, insomnia, (hadn’t slept in 5 or 6 days) and hallucinating. She says “I got what you need”. He had no idea this women was going to throw a methadone pill under his cell door. She did, and he was caught
the pill was never taken. All he did was pick up the piece of paper, never even seen the pill before the guards came in and searched

Best answer:

Answer by LoneStar
It’s habitual, genius. And the genius criminal should have taken the deal. Prior felonies can be used to enhance, regardless of how old. If one time didn’t make him stop, crime is indeed a habit with him. Lock him up and throw away the key. In Texas, a 3rd felony is 25 to life.

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