In Prison more charges coming

What is the name of your state? Michigan
My daughter's father is in Prison now for drug, weapon and felony back child support. He got busted May of 2004 leaving child support court wasted and is now in prison for what he had on him, meth and a loaded 9mm. He was out on bond from that and then got busted cooking in his meth lab. He has been in prison for 18 months now and they just charged him last month with three more felonies for the lab. What is the 180 day rule?? They are talking that he could get out on parole because the charges won't stick because of the 180 day rule. I think his first parole was denied so he is in there at least another year. I am afraid he will make parole next time and charges will be dropped.

The 180-day rule, codified at MCL 780.131; MSA 28.969(1), states that an inmate of the Department of Corrections must “be brought to trial within 180 days" after the prosecution is given notice of untried charges against him. MCL 780.131(1); MSA 28.969(1)(1). However, when a pretrial delay greater than 180 days occurs, the rule is still satisfied if the prosecutor has taken good faith action within that period to promptly ready the case for trial. MCR 6.004(D)(1). The 180-day period commences when either
(a) … the prosecutor knows that the person charged with the offense is incarcerated in a state prison or is detained in a local facility awaiting incarceration in a state prison, or
(b) … the Department of Corrections knows or has reason to know that a criminal charge is pending against a defendant incarcerated in a state prison or detained in a local facility awaiting incarceration in a state prison. [MCR 6.004(D)(1)(a), (b).]

They are saying that the 180 day rule applies because he was busted for the lab in May 2004 and it has taken them until last month to charge him with any of it. He is in prison now on totally other charges that happened before the lab bust. They were waiting on lab test results on everything before they could charge him with manufacturing or having it on him, etc. Does the 180 days apply if they are holding you in jail waiting on the charges that put you there in the first place or any and all other charges?

zeuss said:

What is the name of your state? Michigan
My daughter's father is in Prison now for drug, weapon and felony back child support. He got busted May of 2004 leaving child support court wasted and is now in prison for what he had on him, meth and a loaded 9mm. He was out on bond from that and then got busted cooking in his meth lab. He has been in prison for 18 months now and they just charged him last month with three more felonies for the lab. What is the 180 day rule?? They are talking that he could get out on parole because the charges won't stick because of the 180 day rule. I think his first parole was denied so he is in there at least another year. I am afraid he will make parole next time and charges will be dropped.

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Let's just pray & hope that this fine, kind-hearted, great father & provider - stays in Prison for many, many, years to come!

I am hoping and praying for the same thing!! He has never supported his daughter, only lied and hurt her for her 10 years of life. If I understand the 180 day ruling right he won't be able to get the current charges dropped. The prison only found out about them three weeks ago even though he got busted for them 1 1/2 years ago. They just charged him three weeks ago. He was hoping that he could get up infront of the parole board and make parole before they found out - DUHHHH. They found out so he is still in there for at least another year. He got a court appointed lawyer now to handle the current charges. He thinks that the charges will get thrown out because of the 180 day rule and it has been a year and a half since he got his meth lab busted.

zeuss said:

I am hoping and praying for the same thing!! He has never supported his daughter, only lied and hurt her for her 10 years of life. If I understand the 180 day ruling right he won't be able to get the current charges dropped. The prison only found out about them three weeks ago even though he got busted for them 1 1/2 years ago. They just charged him three weeks ago. He was hoping that he could get up infront of the parole board and make parole before they found out - DUHHHH. They found out so he is still in there for at least another year. He got a court appointed lawyer now to handle the current charges. He thinks that the charges will get thrown out because of the 180 day rule and it has been a year and a half since he got his meth lab busted.

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He's going to stay in prison, trust me! Do us all a favor. When this convict/loser tries to contact you, don't respond. He will contact you & apologize for all the bad things he did to you & your daughter - and tells you that he loves you - This is all a "con-job". Convicts are the GREATEST LIARS ON EARTH. If you do decide to go back with this DRUGGIE, we'll all know. We'll see you on the Jerry Springer Show. The topic will be Wife-Beating Convicts!

LOL too funny. He is going to have to sit in there for a long time before he will ever call and appologize. He some how thinks that it's all my fault that he is in there and was cooking meth, etc. Some how I have nothing better to do with my life but drive over an hour and check up on him all the time just to turn him in to keep him away from our daughter. Nice hu? Once he gets over that delusional thought then maybe but I am not holding my breath. Your absolutely right about the con, he has tried that over the past 10 years with no luck. He goes to court Monday for a pre-exam. Not sure what that is but I hope it's enough to keep him. I don't think Michigan has a three time loser law but if they did he would get it for both drugs and weapons.