Legal Question in Criminal Law in Texas

Need Help About Hubby Doing Federal Time.

My husband was indicted June of 2000 his charge was feloney on Parole with a hand gun.He was on parole at the time for burglery. TO indicte him they did something that they called enhancement.He had already been to jail and served his time for the burgleries that he did how can they use the enhancement agaist him. And didn't they just come out with a new law call the aprandy law or something like that. Please help if you can.. Thank you so much


Asked on 10/23/00, 1:09 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Need Help About Hubby Doing Federal Time.

Under federal law a felon who commits a crime while on probation is in serious trouble. If he uses a handgun in the commission of that crime he is in more than double trouble. The handgun results in an enhancement charge which is a mandatory 5 years.

Mandatory sentences cannot be themselves enhanced beyond the penalty imposed at the conclusion of a jury trial under the Apprendi doctrine.

Your husband is going to jail for an extended period this time. You need a good criminal lawyer or the USPD or CJA counsel.

Good luck.

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Answered on 11/15/00, 10:02 am


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