I'm not sure what I can use for hunting purposes.
Federal law (18 U.S.C. § 922(g)(1)) prohibits the possession of a firearm or ammunition by a person who has been convicted of a crime that's punishable by more than one year of imprisonment, with limited exceptions, and defines the term "firearm" (18 USC § 921(a)(3)), in pertinent part, as any "weapon which will or is designed to or may readily converted to expel a projectile by the action of an explosive . . . ." Ohio law may differ. - Joshua Sabert Lowther, Atlanta, GA.See question
I want a hand gun in my home for protection
18 U.S.C. § 922(g)(1) prohibits the possession of a firearm or ammunition by any person who has been convicted of a crime that is punishable by more than one year of imprisonment, regardless of the actual sentence imposed. - Joshua Sabert Lowther, Esq., Atlanta, GA.See question
I'm on 4 years of federal supervised release. I've never violated. No dirty urines, no police contact. I've kept a job the whole time. I've been out for 22 months. I just caught a serious marijuana case at the state level and bonded out and haven'...
U.S.S.G. § 7B1.4 (a policy statement, not a guidelines provision) recommends a range of imprisonment of 51-63 months if the offense of conviction was a Class A felony, and 33-41 months otherwise. However, 18 U.S.C. § 3583(e)(3) permits the court's imposition of a term of imprisonment not to exceed 5 years if the offense of conviction was a Class A felony; 3 years if Class B felony; 2 years if Class B or C felony; and 1 year in all other cases. - Joshua Sabert Lowther, Atlanta, GA.See question
I have a misdemeanor unlawful carrying in SC but the Feds picked it up and some trying to label it as a felon.
The doctrine of Dual Sovereignty allows the federal government to prosecute any criminal offense over which it may exercise jurisdiction, regardless of whether a state prosecution for the same offense exists. The US Department of Justice's "Petite Policy" recommends that dual prosecutions occur only under limited circumstances, but the most likely result of the situation that you describe will be the state's dismissing its prosecution in favor of the federal government's prosecution. Of course, the federal government may exercise jurisdiction over any criminal offense involving a firearm or ammunition pursuant to the Commerce Clause, if any component of the firearm or ammunition traveled in interstate commerce (across state boundaries). - Joshua Sabert Lowther, Esq., Atlanta, GA.See question
My husband was convicted of guilt by association in a drug round up last year. He has been incarcerated since October 23,2016. He was sentenced to 65 months federal prison. He is supposed to go to a medical facility because he still has a port in ...
A federal inmate serving a term of imprisonment of more than one year is eligible for early release from that term of imprisonment, pursuant to 18 U.S.C. § 3624(b)(1), by demonstrating good conduct, which that statute defines as "display[ing] exemplary compliance with institutional disciplinary regulations." The Federal Bureau of Prisons ("BOP") calculates that "good conduct time" reduction by crediting the inmate with 54 days of "good conduct time" per year. Although that calculation seems to award the inmate a 15% reduction, BOP awards the credit based on the time that the inmate actually will serve in prison, not the total length of the sentence of imprisonment, resulting in a reduction of 13%, or 47 days per year. BOP presumes that the inmate will earn this credit, unless and until the inmate doesn't demonstrate good conduct, and the release date indicated on the BOP Inmate Locator includes this reduction, at least when its initially posted. The inmate is also eligible in most cases, pursuant to 18 U.S.C. § 3624(c)(1), to serve a period not to exceed the last 12 months of that term of imprisonment in community confinement, assigned to a "residential re-entry center," more commonly known as a "half-way house," and pursuant to 18 U.S.C. § 3624(c)(2), the last 10% of that term or imprisonment or 6 months, whichever is less, on home-confinement. In practice, BOP is more likely to designate inmates to a residential re-entry center for more than 6 months only when it determines that the inmate needs more time to transition back into the community, based on a lack of a permanent residence, readily available employment, and other similar factors. Lastly, pursuant to 18 U.S.C. § 3621(e) and BOP Policy Statement 5331.02, an inmate who has a verifiable substance-abuse disorder within the immediate 12-month period preceding arrest, documented in the Presentence Investigation Report, and whose offense of conviction didn't include a crime of violence or the possession of a firearm, among other disqualifying factors, may be eligible for the 15-month Residential Drug Abuse Program ("RDAP") (9 months in-house and 6 months after care in community confinement), which if the inmate has sufficient time to complete successfully, will further reduce the inmate's term of imprisonment by 6 months if the term of imprisonment is 30 months or less, 9 months if the sentence is 31–36 months, or 12 months if the sentence is 37 months or more. However, the inmate must be eligible to attend RDAP at a facility that offers it, which your husband may be able to do by the time that he must begin it. - Joshua Sabert Lowther, Esq., Atlanta, GA.See question
My boyfriend is in jail for being wrongly accused of a crime he did not commit. He was indicted with conspiracy to interfere with commerce robbery. The main person who was convicted of this is trying to falsely accuse my boyfriend because he knows...
The Georgia First Offender Act applies to state court cases only. There is no federal equivalent. - Joshua Sabert Lowther, Atlanta, GA.See question
I was charged with wire fraud and aggravated identity theft which carries a mandatory 2-year sentence. I meet all the criteria for the safety valve. So I was wondering can the safety be used in my situation since my case is not related to drugs?
The "Safety Valve," codified at 18 U.S.C. § 3553(f) and incorporated into the US Sentencing Guidelines at U.S.S.G. § 5C1.2, applies only to certain Title 21 drug offenses. - Joshua Sabert Lowther, Esq., Atlanta, GA.See question
O.C.G.A. § 17-3-1 provides the following limitation periods on prosecution in Georgia: (1) Murder: none; (2) forcible Rape: 15 years; (3) crimes, other than Murder, punishable by death or imprisonment for life, or in which the victim is under the age of 18 years at the time of the crime: 7 years; and all other felonies: 4 years; and misdemeanors: 2 years. However, these limitation periods don't apply in certain cases involving Armed Robbery, Kidnapping, Rape, Aggravated Child Molestation, Aggravated Sodomy, and Aggravated Sexual Battery if DNA evidence identifies the accused and a sufficient sample of the physical evidence establishing that identity is available for DNA testing by the accused. - Joshua Sabert Lowther, Esq., Atlanta, GA.See question
I want to buy one, but need to stay within law
Federal law (18 U.S.C. § 922(g)(1)) prohibits the possession of a firearm or ammunition by a person who has been convicted of a crime that's punishable by more than one year of imprisonment, with limited exceptions. The federal definition of "firearm," codified in 18 U.S.C. § 921(a)(3), includes "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; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device." Therefore, a high-powered air gun, which expels a projectile by compressed air, rather than by the action of an explosive, is not prohibited under federal law. - Joshua Sabert Lowther, Esq., Atlanta, GA.See question