Notice to Appear in U.S. District Court
If you received a “Violation Notice” or “Notice to Appear” in the United States District Court in the Middle District of Florida in the Tampa Division, then contact an experienced criminal defense attorney at Sammis Law Firm.
We represent clients in federal court for a variety of criminal offenses that begin with a United States District Court Violation Notice for a Class A, Class B, or Class C misdemeanor.
After being issued the violation notice (sometimes called a “federal ticket”), you might have to wait several months for the court to issue the notice to appear in court.
As required by Rule 58 of the Federal Rules of Criminal Procedure, United States Magistrate Judges preside over these infractions and misdemeanor cases.
It is best to hire an attorney immediately after the incident so that all options for resolving the case on the best possible terms are available.
Contact us about the problems with just paying the violation notice or ticket. If you pay the amount due, then you are ADMITTING to the criminal offense. Paying the violation means that you are convicted of the misdemeanor (which is a crime) and it will appear in a public record as a criminal conviction.
A conviction comes with adverse consequences that last a lifetime. For example, the conviction might show up on even the most basic background check. For motor vehicle violations, a conviction might result in points on your driver’s license or a suspension.
A criminal allegation in federal court is not a good “do-it-yourself” project. Instead, hire an attorney who can gather all the favorable evidence, show problems with the government’s evidence, and fight for the best result in the case.
The best result might be an outright dismissal if the evidence is not sufficient.
Attorney for Notice to Appear in U.S. District Court in Tampa, FL
If you received a violation notice or a notice to appear in the U.S. District Court in the Middle District of Florida, Tampa Division, then contact an experienced criminal defense attorney at Sammis Law Firm.
We represent clients in federal court on a variety of misdemeanor violations issued by federal law enforcement officers with James A. Haley Veterans’ Hospital – Veterans Affairs (VA), MacDill Air Force Base, the U.S. Postal Service, Immigration and Naturalization Services (INS), National Park Service, Bureau of Reclamation Rangers, Bureau of Land Management Rangers, U.S. Army Corp of Engineers, or the Forest Service.
The attorneys at Sammis Law Firm are experienced in fighting misdemeanors and petty offenses committed at the MacDill Air Force Base in Tampa, FL. Some federal tickets have a mandatory court appearance. The rules in federal court are very different from state court.
Contact us to discuss your best defense and ways to avoid a conviction. Call 813-250-0500.
What is the United States District Court – Notice to Appear?
The notice to appear includes the violation number, location code, date issued, case number, and offense. The notice also includes the date and time of the first court appearance and the address of the court location.
In some of the notices, an amount due is listed. But if you pay that amount you are ADMITTING that the criminal offense occurred and the CONVICTION will appear in the public records and on background checks.
By paying the amount due you waive your right to the following:
- to contest the violation notice;
- to go to trial;
- to be represented by counsel.
If you are charged with a motor vehicle violation, the payment may be reported to your state’s motor vehicle or driver’s license agency. As a result, points may be assessed against your driving record, your license or registration may be suspended, and additional fees may be imposed by the state.
Additionally, the conviction of any motor vehicle violation might lead to a dramatic increase in your insurance premiums.
Mandatory Appearance for Federal Tickets
Some federal tickets are marked with a notification that says “mandatory appearance” or “appearance required” on the ticket.
For tickets that are marked with a notation for a “Mandatory Appearance” or if no amount due is shown on your ticket or Notice to Appear, then you must appear at the date, time, and court location indicated on your ticket or Notice to Appear.
Types of Petty Offenses for Central Violations Bureau (CVB)
As required by 18 U.S.C. section 19, the Central Violations Bureau (CVB) manages certain petty offenses including infractions, Class C misdemeanors, Class B misdemeanors, and some Class A misdemeanors.
The most commonly prosecuted CVB offenses are Class B misdemeanors including driving under the influence (DUI), boating under the influence (BUI), and trespass.
Class A misdemeanors include simple battery, some types of assault, possession of marijuana, DUI with property damage (or a child passenger, a BAC over .15, or a prior conviction within five years, two prior convictions within ten years, or three prior convictions at any time), and some types of petit theft.
For any Class A misdemeanor, the client has the option to be tried before a U.S. District Court Judge, unless they consent to have a magistrate judge handle the case.
Infractions are offenses with a statutory maximum sentence of five (5) days of imprisonment, a fine of up to $5,000, one year of probation, a $25 CVB processing fee, and a $5 special assessment.
Class C misdemeanors have a statutory maximum sentence of thirty (30) days of imprisonment, a $5,000 fine, a $25 CVB processing fee; a $5 special assessment, and up to one year of supervised release (or 5 years of probation).
Class B misdemeanors have a maximum sentence of six (6) months of imprisonment, a $5,000 fine; a $25 CVB processing fee, a $10 special assessment; and up to one year of supervised release (or 5 years of probation).
Class A Misdemeanors are a statutory maximum sentence of one year of imprisonment, a fine of up to $100,000, a $25 special assessment, a $25 CVB processing fee, and up to one year of supervised release 9or 5 years of probation).
Many petty and misdemeanor offenses committed by civilian personnel at MacDill Air Force Base might be resolved by using administrative and disciplinary tools instead of a trial of the offense under the Federal Magistrates Act.
Types of Offenses Listed in the Federal Ticket
A violation notice or “federal ticket” might be issued by a federal law enforcement officer for violations of certain federal laws and, if occurring on federal property, certain state laws.
The types of violations listed in the Violation Notice might include:
- improper parking
- illegal camping
- civil disturbances
- fish and wildlife infractions
Federal tickets are issued by law enforcement personnel from agencies that might include:
- the Airforce, Marines & Navy Security Forces
- the U.S. Border Patrol
- the U.S. Coast Guard
- the U.S. Customs
- the Department of Defense Police
- the U.S. Fish & Wildlife
- the U.S. Park Police
- the U.S. Postal Police
- the U.S. Provost Marshal
- the V.A. Police
Crimes Under State Law Prosecuted in Federal Court
Did you know that crimes under state law can be prosecuted in federal court?
The Assimilative Crimes Act allows the United States Attorney General to prosecute violations of Florida criminal law when it is alleged that the crime occurred on federal property if the criminal offense is not covered by a corresponding federal law.
The most common examples of crimes prosecuted under the Assimilative Crimes Act includes:
- Battery; or
Traffic School for Federal Tickets
In some cases, we advise our clients to attend a driver’s education course. Attending the driver’s education course might be a good way to avoid accumulating points or having a driver’s license suspended.
If you are charged with a motor-vehicle moving violation, contact an experienced criminal defense attorney to find out the best way to resolve the federal ticket without incurring a conviction that comes with a host of adverse consequences.
Failure to Appear on a Notice Violation in the U.S. District Court
If you fail to hire an attorney to help you resolve the case, pay the fine, or appear in court by the deadline, then the court might issue a warrant for your arrest.
In addition, for charges related to a motor vehicle violation, the court may also report your failure to pay or appear to the DSHMV in Florida, which may affect your driving privileges or result in a suspension of your driver’s license.
This article was last updated on Friday, November 27, 2020.