Federal Defense Attorney John Teakell

When you are arrested you will most likely have the choice to either make a bond to be released or if you are unable to will remain in jail while your case is pending. In order to make a bond, you must have money to secure your release and have no holds, like an unpaid traffic ticket.

If you are free on bond, you will need to hire an attorney as soon as possible. Talk to people you know and ask if they know of any attorneys. Internet searches, like using Google, can also provide a large selection of attorneys in your area who deal with your type of case. If you are unable to afford an attorney, the court will appoint one to your case.

Likewise, if you remain in jail you may hire your own attorney. If you cannot made a bond and are indigent, the court will appoint a lawyer to your case within 24 hours. The lawyer will then contact you within 72 hours after the police file a case against you.

What If You Are Not a U.S. Citizen? In most situations, the Immigration and Naturalization Service will place a hold on you that will keep you in jail for the time being (even if you are able to make a bond). In this case, you should find an attorney who specializes in cases with immigration issues because your criminal case will directly affect your ability to reside in the United States.

The purpose of this blog is to act as a virtual caucus. This is a less formal area of our federal law resource site and I welcome you to leave comments, pose questions, give feedback. At this point in time there is no set style, format, or posting schedule. I will periodically write posts that cover a variety of federal law-related subjects.

Some posts for the blog may include:

- Q and A based on questions received
- Relevant legal news & law commentary on popular cases
- Interesting laws and loop holes
- Resource lists

Over time I plan to develop a distinct and unique voice as this blog evolves and the audience grows. Thank you for your time.

**The use of the Internet for communications with the firm will not establish an attorney-client relationship. Any information in this blog does not constitute legal advising.**

Federal law prohibits any person who has ever been “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” to ever or for any reason “possess… any firearm or ammunition.” 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years of imprisonment.

There are exceptions to this rule in some instances. Federal law contains an explicit statutory exclusion which provides that the federal criminal offense of firearms possession is inapplicable to persons who has had their civil rights restored on the predicate state felony conviction. 18 U.S.C. §921(a)(20) provides:

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms.

Whether a person has had his civil rights restored for a state conviction is a matter determined by state, not federal law. However, for federal law to recognize the state restoration of rights exception, the terms of the restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. If the restoring state includes the three aforementioned rights then federal law contains an additional clause that must be examined. This clause looks to the actual state law to see if there are any restrictions imposed on the right of the convicted felon to possess a weapon. If there is some added firearms restriction under state law, then the federal clause is triggered to make the possession of any firearms unlawful under federal law, despite the state’s restoration of civil rights.

Is there any other way to regain the right to own a gun? In theory, one can submit an application to the Bureau of Alcohol, Tobacco, Firearms, (ATF) under 18 U.S.C. § 925(c) requesting restoration of your gun rights. The application is supposedly granted if “it is established . . . that the circumstances . . . and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.”