Joshua Sabert Lowther's Answers

CAN WE RECCOMEND TO THE JUDGE FOR THE CLOSEST STATE PRISON FACILITY?

BOP's policy is to place the inmate within 500 miles of his permanent residence. A judicial recommendation for a designation within this geographical range (or outside if the circumstances warrant) is not binding on BOP, but will be given great weight by it, and in most every case will be followed if the inmate's security classification coincides with the institution's. Joshua Sabert Lowther, Esq. NATIONAL FEDERAL DEFENSE GROUP jlowther@nationalfederaldefense.com http://www....

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If i get lock up could i request where to do my time in prison?

The Federal Bureau of Prisons' default rule is to place you within 500 miles of your residence (not district of conviction) if there is a facility available in that range to accommodate your security classification. BOP considers a judicial recommendation strongly, but it is not binding, and if it requests a placement outside of the aforementioned 500 mile range, specific reasons should be given in the Judgment to justify the request. The BOP's Shock Incarceration Program (or "boot camp") no...

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If a witness in a federal grand jury testifies and then after indictments come out the witness goes and tells people

The witness's doing so may cause his or her credibility to be damaged, depending on what the witness said. However, although it is improper for any grand jury witness to discuss his or her testimony (although many grand jury witnesses do), such is unlikely a legal reason to dismiss the indictment, unless the defendant can demonstrate prejudice. Joshua Sabert Lowther, Esq. NATIONAL FEDERAL DEFENSE GROUP jlowther@nationalfederaldefense.com http://www.NationalFederalDefense.com 866.380.1782

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When is it mandatory for the federal government to pick up a possession of a firearm by convicted felon case from the state?

The federal prosecution of a possession of a firearm by a convicted felon charge, initiated in state court, is not mandatory; however, if the defendant has a history of gun and drug charges, federal prosecution is likely. Project Ceasefire, for example, is an initiative undertaken by federal and state authorities, whereby state prosecutors alert federal prosecutors to certain offenders who are charged by state law enforcement authorities with this offense, and those federal prosecutors decide...

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Can I get a federal conviction expunged in Philadelphia, Pa

Unfortunately, there is no means by which a federal conviction can be expunged. The only relief from the conviction (otherwise) is a pardon by the President or a successful collateral attack (habeas action). Joshua Sabert Lowther, Esq. NATIONAL FEDERAL DEFENSE GROUP jlowther@nationalfederaldefense.com http://www.NationalFederalDefense.com 866.380.1782

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Under a plea agreement, can the state ask the federal government for them not to prosecute an offender?

Let me clarify the above answer. A plea agreement between a state prosecutor and a defendant cannot bind the federal government, just like a plea agreement between a federal prosecutor and a defendant cannot bind the state government (or any other federal district, unless specifically stated). However, a state prosecutor can ask a federal prosecutor to confirm, in writing, that the federal government will not prosecute a particular case that the state government wants to prosecute. Of course,...

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Age of 25 in the federal system

The age for BOP security classification is calculated at the time the person arrives at the institution. BOP's "SENTRY" program will enter the number of points based on the person's date of birth. However, there is no "reduction" for the person's being under twenty-five years old; there is actually an eight level increase for under twenty-five, and a four level increase for being twenty-five to thirty-five. This information can be found in detail at http://www.bop.gov/policy/progstat/5100_008....

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When does the statute of limitations begin to run on a federal charge for fraud &/0r lying under penalty of perjury

Notwithstanding the limitation on prosecutions for fraud or false statements, a misrepresentation of the N-400 form makes the citizenship revocable at any time. An immigration attorney's assistance is critical. Joshua Sabert Lowther, Esq. NATIONAL FEDERAL DEFENSE GROUP jlowther@nationalfederaldefense.com http://www.NationalFederalDefense.com 866.380.1782

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Can the federal government consider firearm broken into 5 pieces without a firing pin a gun in a federal case?

A "firearm" is defined in 18 USC Section 921(a)(3) as "(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;  (B) the frame or receiver of any such weapon;  (C) any firearm muffler or firearm silencer;  or (D) any destructive device.” Therefore, if the firearm is capable of expelling a projectile (even after assembly), then it is considered a firearm for purposes of a federal firearms prosecution....

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If u beat an state drug charge can the feds pick it up

The federal government may indict a case that previously resulted in an unsuccessful state prosecution; there is no double jeopardy issue, because the federal and state governments are separate sovereigns. However, it is unlikely that the federal government will prosecute a case that the state was unsuccessful in prosecuting, unless the state's loss was based on something other than what the federal government considers to be a fair trial. Joshua Sabert Lowther, Esq. NATIONAL FEDERAL...

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