U.S. District Court Violation Notice
At Sammis Law Firm, our attorneys represent clients served with a “United States District Court Violation Notice.” The notice is issued for criminal misdemeanor charges prosecuted in federal court.
If the allegation against you is criminal in nature, then a court appearance is mandatory. Criminal offenses under federal law charged in the violation notice can be charged under the Code of Federal Regulations (CFR), the United States Code (USC), or the Florida State Code.
For criminal violations of the Code of Federal Regulations (CFR), “Minor Federal Offenses” are those crimes for which the authorized penalty does not exceed imprisonment for a period of 1 year, or a fine of not more than $1,000, or both. 18 U.S.C. 3401f.
For example, “Petty Federal Offenses” are defined as crimes for which the authorized penalty does not exceed imprisonment for a period of 6 months or a fine of not more than $500, or both. 18 U.S.C. 1(3).
One of the most common misdemeanor offenses prosecuted at the MacDill Airport Base is Trespass on Military Property for Unlawful Purpose under 18 USC 138 or for trespassing in a military coastal restricted area in violation of 18 USC 1382.
A violation notice can also be issued DUI under Florida State Statute 316.193 even if it occurred at the military base. Read more about federal DUI cases prosecuted after an arrest at MacDill Air Force Base.
Attorneys for Violation Notices in Federal Court in Tampa
If you received a “United States District Court Violation Notice,” then contact an experienced federal criminal defense attorney at Sammis Law Firm. We represent clients prosecuted in the U.S. District Court in the Middle District of Florida at the Tampa Division.
Contact us to discuss the violation notice, the criminal charge pending against you, the possible penalties, and the best ways to fight the case for an outright dismissal.
If a crime was committed on federal property, including a military basis or the VA hospital, then it can be prosecuted under the Assimilative Crimes Act.
Read more about how to respond to a notice to appear in the Tampa Division of the U.S. District Court in the Middle District of Florida.
Types of Criminal Charges Prosecuted in Federal Court
Crimes charged under the U.S. Code are classified as either an infraction, a misdemeanor, or a felony. Within each classification, the crimes can be further classified by a Class grade between A to D as provided below:
- an infraction is punishable by no imprisonment or by five days or less;
- a Class C misdemeanor is classified by six to thirty days;
- a Class B misdemeanor is classified by thirty-one days to six months;
- a Class A misdemeanor is classified by more than six months to one year;
- a Class E felony is classified by more than one but less than 5 years;
- a Class D felony is classified by more than five but less than 10 years;
- a Class C felony is classified by more than ten years but less than 25 years;
- a Class B felony is classified by more than 25 years; and
- a Class A felony is classified by the death penalty or life imprisonment.
The United States District Court Violation Notice will tell you the time and date of the offense, the location of the offense, a description of the charge, and a factual basis.
If the violation is criminal, then a court appearance is required and the notice will tell you the next court date or the information will be mailed to you after the notice is served.
If you fail to appear in court on the date and time schedule for the U.S. District Court Violation Notice, then the judge in U.S. District Court can issue a warrant for your arrest.
If you are charged with a motor vehicle violation in federal court the court may also report your failure to pay or appear to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), which may affect your driving privileges.
Agreement for Pretrial Diversion for a US District Court Violation Notice
If you were issued a United States District Court Violation Notice, then you might be eligible for pretrial diversion. One of the most popular diversion programs in the Tampa Division of the Middle District of Florida applies to incidents at MacDill Air Force Base (AFB), in Tampa, FL.
Prior to your arraignment, the authorities at MacDill Air Force Base will review the facts and circumstances surrounding your offense and your background. If it appears to be in the interest of the United States, then the prosecutor might offer to resolve your case by allowing you to enter the MacDill AFB Pretrial Diversion Program in lieu of criminal prosecution.
These cases are prosecuted by a Special Assistant United States Attorney, acting on behalf of MacDill AFB. Under the authority of the Installation Commander, MacDill AFB, FL, the agreement offers you the opportunity to enter the Pretrial Diversion Program under the terms and conditions outlined in the agreement.
If you voluntarily agree to enter the Pretrial Diversion Program, your prosecution will be deferred for a period of six (6) months from the date of the agreement. Upon successful completion of the diversion program, you will receive a memorandum documenting completion from the Magistrate Court Administrator and no further action will be taken in your case.
The conditions of the pretrial diversion program might include:
- not violating any law (federal, state, or local); and
- completing community service hours.
If you violate the terms and conditions of the agreement, a Special Assistant United States Attorney, acting on behalf of MacDill AFB, may:
- modify the terms and conditions of this agreement;
- modify the period of supervision, which shall in no case exceed twelve (12) months; or
- revoke the agreement and institute criminal prosecution.
Neither the agreement nor any other document filed with MacDill AFB, FL, as a result of your participation in the Pretrial Diversion Program will be used against you.
This article was last updated on Monday, June 22, 2021.