Question about RDAP

treyswifey · #1 05-17-2006, 05:24 PM

I have been searching all day online for an answer, so I am hoping someone can help me. My husband is waiting federal sentencing. He was charged with Possession of a Firearm by a convicted felon. He has an felony (possession with intent to distribute) from 2 years ago. At sentencing, the lawyer said the judge will be recommending a drug treatment....I saw today that the RDAP will not give the up to 12 month sentence reduction if there is a "gun enhancement" What is a gun enhancement? My husband was not committing a crime with a gun, he just had one in his possession and so I was wondering if he is accepted into RDAP, do you think he could get a sentence reduction? Is gun possession a violent crime?

Any info anyone has is appreciated - thanks!

notlyte68 · #2 05-17-2006, 06:24 PM

The best place to post is the federal forum. The moderators there have excellent answers and are very helpful. My hubby is facing fed charges too, but I am just learning about the fed system. I hope that you find your answers. Welcome to PTO!

Eternal Hope · #3 05-17-2006, 11:49 PM

The 'gun enhancement' is the new charge of possession of a firearm by a felon on top of his prior conviction. No crime has to be committed for this charge. Firearm possession by a convicted felon usually carries a minimum sentence in itself. I welcome you to PTO, and I do hope your husband receives treatment for his addiction. Hope this information helps.Be sure to check out our Federal forum, it has a wealth of information regarding federal time. Good luck! Stay strong for him, he needs you. Hang in there

Abslady · #4 06-11-2006, 11:38 AM

Possesion of a handgun after being declared a convicted felon USUALLY carries a 'MANDATORY MINIMUM' sentence and if so you have to pull the time.My husband is considered a convicted felon for check charges he had gotten when he was fourteen so he had to pull two years out of the four he recieved and there was no way around it! Another guy I know got out of the charges somehow.....He says it was because of him being on private property! I don't know how true that is but maybe it can help! However if it's Federal I don't think it matters what you say because your "GUILTY UNTIL PROVEN INNOCENT"!

carebear72 · #5 06-15-2006, 10:03 AM

from what I understand if ur charged with a violent crime or possesion of a firearm that disqualifies you for rdap program, not sure tho but thats what ive been told