Q: Hello my name is April my husband has completed his base term. He was given two 5yr prison prior and 6 enhancements.
My husband has lived drug free, He facilitates the N/A, A/A meetings. He has gone to college. What do we need to do to remove the enhancements? His charges are 2 armed robberies no one was physically hurt.
Thank you so much for any information.
April
A:
initially, i would contact the lawyer who represented him on the case. Maybe a motion for reconsideration would be appropriate. That lawyer knows all the facts and you may innocently not be sharing everything that is necessary to know.
No one being hurt does NOT negate what he did...they were ARMED robberies.
was sentence consecutive or concurrent?
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A:
Hello April,
I understand that you're looking for information on how to remove the enhancements from your husband's criminal record. First of all, congratulations to your husband for living a drug-free life and for his positive contributions to society through facilitating N/A and A/A meetings and pursuing higher education. These are all great achievements that should be celebrated.
However, removing enhancements from a criminal record can be a complex process that requires the help of an experienced criminal defense attorney. Enhancements are additional penalties that are added to a sentence based on certain factors such as the severity of the crime or the defendant's criminal history. In your husband's case, he received six enhancements on top of two five-year sentences for two armed robberies.
To remove enhancements, your husband's attorney would need to file a motion with the court requesting that they be removed. The motion would need to show that your husband has demonstrated significant rehabilitation and that the enhancements are no longer necessary to protect society. Your husband's attorney would need to provide evidence to support this argument, such as letters of recommendation, certificates of completion of drug treatment programs, and any other evidence of his rehabilitation.
It's important to note that removing enhancements is not guaranteed, and the decision ultimately rests with the judge. However, having a skilled attorney who can present a compelling argument can greatly increase your chances of success.
I hope this information is helpful to you, and I wish you and your husband the best of luck moving forward.
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