How can a person who served time for a crime be charged as a habitual offender when they have served the time and more?

Under Michigan law, habitual offender enhancements are based on a person's prior felony convictions, even if they have already served their sentences for those offenses. Serving the original sentence does not necessarily prevent a prior conviction from being used to enhance the potential penalties for a new felony charge. 

However, habitual offender enhancements are not automatic, and whether they can lawfully be applied depends on several factors, including the individual's criminal history and the circumstances of the new case. If you are facing a habitual offender enhancement in Michigan, consulting with an experienced criminal defense attorney is important to understanding your rights and potential defenses, and many of us offer free consultations.