Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Can I get my federal felony conviction for "Possession of Unregis

tered N.F.A. Firearms" overturned and...
Can I get my federal felony conviction for "Possession of Unregis tered N.F.A. Firearms" overturned and removed from my criminal record, after I have already pled guilty to the charge and served my prison sentence and probation has been completed successfully, when the entire case brought against me was based on a Confidential Informant's false tip to law enforcement about things that I never actually did or said? No appeals were filed during any of the legal proceedings. The arrest was on August 5th 2004, and full sentence of prison and probation was completed in 2009. This was my first and only felony charge ever, and it was handled in the Shreveport, Louisiana Federal Courthouse. The crime was non-violent and there was no "victim" -- it was only an issue of having 3 unregistered weapons. ATF got a tip from a local sheriff's office, who got their tip from a "registered and reliable Confidential Informant" who made up exaggerated claims about me that were lies, as to my intentions for having the weapons. ATF recovered the weapons after a search warrant was obtained. I pled guilty because I felt I was under a form of duress, hearing that if I were to take the case to trial and fight it (with a public defender), I would likely get sentenced to more time maintaining "not guilty", than if I just pled guilty (and would receive less time that way). I served about 21 months in jail/prison, and afterwards completed my 3 years of probation successfully. I didn't want to "rock the boat" anymore than it had already been rocked, for fear of getting a longer sentence. Now that the sentence has been completed, I want to know what is available to me for the purposes of making the conviction invalid and/or removing it from my record -- bearing in mind that the Confidential Informant's lies and exaggerations started all of this. I stipulate to the fact that a warrant was issued that produced incriminating evidence against me, and that I did knowingly possess the firearms, and my possession of them was illegal since they weren't registered to me in the National Firearms Registry and Transfer Record. What I do disagree with however, is that the warrant was obtained because of false testimony from the informant. Can this federal criminal conviction be erased from my record?
Show More
Show Less
Ask Your Own Legal Question
Answered in 32 minutes by:
2/26/2010
Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2,415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
Verified

It would be difficult. You would have to file a post conviction relief action. In such an action you cannot argue the same facts that existed at the time of the charge. You had a right to a trial at that time. You must have something new that is compelling such as new evidence, prosecutorial misconduct, juror misconduct or ineffective assistance of counsel.

 

Ask Your Own Legal Question
Customer reply replied 7 years ago

I updated my posting, and was wondering if anything newly-revealing stood out. Also, I waived my right to a jury trial on the basis of saving myself more time to-be-served upon a conviction that was promising to be a "slam-dunk" by the Assistant US Attorney. My federal public defender advised me that with the evidence recovered I would most likely be found guilty anyway, whether by a judge or a jury. What I'm wondering is would the evidence and/or the warrant go to the "fruit of a poisionous tree" issue and thereby be deemed inadmissable "after the fact" even though the warrant produced convictable evidence, based on the warrant being issued because of "perjured testimony" or "false witness" from the informant.

I am afraid I have unwelcome news.

 

All of the defenses you raise presently,including challenges to the warrant, were available at the time that the charges were filed. It is not "new" evidence that was previously unavailable. As a result, your challenge had to be made at that time. You cannot come back years later and seek post conviction relief by collaterally attacking the same evidence that was available previously.

 

Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2,415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
Verified
Lawmoe and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Lawmoe Your Own Question
Lawmoe
Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2,415
2,415 Satisfied Customers
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.

Lawmoe is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Can I ask for a jury trial on a traffic violation in state?
Can I ask for a jury trial on a traffic violation in Washington state? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can I ask for a jury trial on a traffic violation in state?
Second opinion] Can I ask for a jury trial on a traffic violation in Washington state? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
My daughter just fired her public defender now what happens?
my daughter just fired her public defender now what happens? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Before requesting public defender i was told there were 12
before requesting public defender i was told there were 12 video items of evidence, and would cost me $120 to get copies for my defense, they said theryd be free if i got an attorney. public defender … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
A judge in shelby county indiana issued a search warrant,
A judge in shelby county indiana issued a search warrant , then after a change of judge( because of conflict between defendants attorney and that judge) was assigned to same judge that issued the sear… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
During a jury trial concerning a contract purportedly with a
During a jury trial concerning a contract purportedly with a LLC. The contract did not reference an LLC as the Seller. I questioned the plaintiff if he was a member, managing member, how many members … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I had my home searched with a search warrant with the wrong
I had my home searched with a search warrant with the wrong house number is ***** legal? It also never said what the home looked like. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
A search warrant was served in my home for my son's tools a
A search warrant was served in my home for my son's tools a few months back. I did not read the officer's affidavit to the judge before the search because I knew what they were after. However, after i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Reference to a search warrant by building inspector.
reference to a search warrant by building inspector … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
I was granted a public defender and I was supposed to call
Hi I was granted a public defender and I was supposed to call after 1pm today to get in contact with who my attorney would be for my hearing tomorrow. I had called too late and they're closed now. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
At close of a jury trial I moved for a directed verdict.
At close of a jury trial I moved for a directed verdict. Specifically, I stated to the court "I move for a directed verdict...." the judge stated "Your motion is denied" before I stated the grounds fo… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What does it mean when a case is vacated in a jury trial??
What does it mean when a case is vacated in a jury trial?? And a new date is set for the next day?… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
More of a general law question. OH. Public Defender. It's
more of a general law question JA: In what state did this occur? Customer: OH JA: Have you talked to a lawyer yet? Customer: Public Defender JA: Anything else you want the lawyer to know before I conn… read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
Can you answer a question regarding an old search warrant
Hello, can you answer a question regarding an old search warrant conducted and if it shows on a background check? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Search warrant who sign the paperwork so it legal at
search warrant who sign the paperwork so it legal at residence … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
In Illinois, can a jury trial be demanded for a vehicle
In Illinois, can a jury trial be demanded for a vehicle forfeiture proceeding which is related to a commission of a crime while using the vehicle? e.g. driving while revoked while driving a vehicle. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
What exactly does waiver of jury trial relating to this loan
Hello, What exactly does waiver of jury trial relating to this loan agreement mean for me as the borrower? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
Home was searched, a sealed search warrant and property
home was searched, a sealed search warrant and property seized, a man was arrested and has been in jail for over 21 mo and no one will help me find my property including lawyersw and US attourney … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x