Mobile County Constable Albert McCreary Pleads Guilty to Federal Gun Charge While Facing State Rape, Perjury Cases

MOBILE, Ala. — Mobile County Constable Albert McCreary, who is separately charged in state court with rape and perjury, has pleaded guilty to a federal charge of illegally possessing a firearm as a convicted felon.

Chief U.S. District Judge Jeffrey Beaverstock accepted McCreary’s guilty plea on Friday, Oct. 23, in the U.S. District Court for the Southern District of Alabama and found him guilty of possession of a firearm by a prohibited person. McCreary, 55, could be sentenced to as many as 15 years in federal prison. His sentencing is scheduled for Jan. 25, 2027, at 11:30 a.m.

The plea resolves only the federal gun case. McCreary’s other legal troubles are far from over: he still faces a set of state charges that includes first-degree rape, and the Mobile County District Attorney’s Office is seeking to remove him from office.

A ‘blind’ plea

According to court records, McCreary entered what is known as a blind plea, meaning he pleaded guilty without a plea agreement with federal prosecutors. That leaves the sentence entirely up to the judge, within the limits set by law, rather than to any negotiated recommendation.

Court records say McCreary faces a maximum sentence of 15 years in prison, a fine of up to $250,000 and up to three years of supervised release. Records also note a significant caveat: if the court finds he is subject to the federal Armed Career Criminal Act, he would instead face a mandatory minimum sentence of 15 years and a maximum of life in prison.

The Armed Career Criminal Act applies to people convicted of illegally possessing a firearm who have at least three prior convictions for violent felonies or serious drug offenses committed on separate occasions. Whether it applies is typically decided at sentencing, after the court reviews a defendant’s criminal history in a presentence report.

What led to the federal charge

The federal case stems from McCreary’s arrest on July 28. Agents with Homeland Security Investigations and the Mobile County Sheriff’s Office arrested him on multiple criminal charges, including first-degree rape, second-degree perjury and unlawful firearm possession.

According to a sworn statement by an FBI agent, investigators had a search warrant for McCreary’s vehicle in connection with the rape investigation when they stopped him in July. They found a Glock Model 23 .40-caliber handgun in the center console of his Chevrolet Tahoe, and McCreary admitted possessing it, according to the federal complaint.

Federal law bars anyone convicted of a crime punishable by more than a year in prison from possessing firearms or ammunition. Authorities said McCreary fell into that category because of a 2009 felony battery conviction in Escambia County, Florida.

McCreary previously told investigators he believed that conviction had been cleared from his record. But the FBI agent wrote that he checked with Florida law enforcement authorities and confirmed that McCreary’s right to own a firearm was never restored.

The state charges still pending

In Mobile County, McCreary remains charged with first-degree rape, first-degree sexual abuse, first-degree unlawful imprisonment and being a person forbidden from possessing a firearm. He is accused of sexually assaulting a woman in July 2026.

He also faces state charges of second-degree possession of a forged instrument, second-degree insurance fraud and second-degree perjury. Those charges relate to allegations that he provided a false residential address on documents connected to taking office as constable. Prosecutors allege he lived in Baldwin County while serving as a Mobile County constable, an office that carries residency requirements.

Mobile County District Court records show McCreary was set to be arraigned before Judge Zach Moore on the morning of Tuesday, Oct. 27, on the rape and perjury charges. An arraignment is the hearing at which a defendant is formally advised of the charges and enters a plea.

Court records also show McCreary worked with the Prichard Police Department as a code enforcement officer.

The state charges are accusations. McCreary is presumed innocent of them unless and until he is proven guilty in court.

Defense questions accuser’s account

McCreary’s guilty plea on the gun charge comes after his defense attorneys raised questions about the credibility of the woman whose allegations led to the state rape investigation.

A defense motion pointed to what it described as differing accounts of where the alleged sexual assault occurred. It also cited an earlier report the woman made to the FBI, in which she described unwanted sexual contact and harassment but, according to the defense, did not initially report being raped.

Those arguments will be tested in state court, where the rape case has not yet gone to trial. South Alabama News does not identify people who report being victims of sexual assault.

Effort to remove him from office

The Mobile County District Attorney’s Office is separately pursuing McCreary’s removal as constable. In Alabama, constables are elected officials who serve in their communities with limited law enforcement authority. Their duties commonly include serving civil papers, such as summonses and subpoenas, and they may carry out other duties assigned by law.

Because constables hold an elected office, removing one before the end of a term requires a formal legal process rather than a simple firing. The perjury allegations, which center on whether McCreary actually lived in the county he was elected to serve, go directly to his eligibility to hold the office.

What happens next

In the federal case, a probation officer will typically prepare a presentence investigation report reviewing McCreary’s background and criminal history before the January hearing. Both prosecutors and the defense can object to parts of that report, and the judge will use it, along with federal sentencing guidelines and the arguments of both sides, to decide on a sentence.

In state court, McCreary’s rape, sexual abuse, unlawful imprisonment, firearm, forgery, insurance fraud and perjury cases will proceed separately. The state firearm charge mirrors the federal one in some respects, but the two cases are brought by different governments under different laws.

Timeline

• 2009: McCreary is convicted of felony battery in Escambia County, Florida, according to federal authorities.
• July 2026: McCreary is accused of sexually assaulting a woman.
• July 28, 2026: Homeland Security Investigations agents and the Mobile County Sheriff’s Office arrest McCreary; a Glock .40-caliber handgun is found in his Chevrolet Tahoe.
• Oct. 23, 2026: McCreary pleads guilty in federal court to possession of a firearm by a prohibited person.
• Oct. 27, 2026: Scheduled state court arraignment on rape and perjury charges.
• Jan. 25, 2027: Federal sentencing hearing scheduled for 11:30 a.m.

Key facts

• Defendant: Albert McCreary, 55, Mobile County constable
• Federal plea: Guilty to possession of a firearm by a prohibited person, accepted Oct. 23 by Chief U.S. District Judge Jeffrey Beaverstock
• Possible federal penalty: Up to 15 years in prison, a $250,000 fine and three years of supervised release; 15 years to life if the Armed Career Criminal Act applies
• Pending state charges: First-degree rape, first-degree sexual abuse, first-degree unlawful imprisonment, firearm possession, forgery, insurance fraud and perjury
• Other proceedings: The Mobile County District Attorney’s Office is seeking his removal from office

South Alabama News will continue to follow both cases.