Generally, misdemeanor crimes committed solely within the borders of a State are governed by the State’s criminal code and resolved by the State’s court system. However, when misdemeanors are committed within the boundaries of federal land, located within a State, federal agencies are the primary policing authority. Additionally, these types of misdemeanors are also subject to the jurisdiction of the federal court located in that particular district. These particular offenses are known as petty offenses.
18 U.S.C. § 19 defines a “petty offense” as either a Class B misdemeanor, Class C misdemeanor, or an infraction. Each of these classes of misdemeanors carry with it the chance of incarceration and also subjects the individual to a monetary penalty. Class B misdemeanors are punishable by up to 30 days in jail and/or a $5,000.00 fine. Finally, federal infractions are subject to a maximum penalty of five days in jail and/or a $5,000.00 fine. In short, there is nothing petty about a petty offenses as they can lead to incarceration, a substantial monetary fine, and a criminal record.
At first glance, when an individual is cited by a federal agent on federal land it may not be obvious to that individual that they are being charged with a crime. However, that couldn’t be further from the truth. Petty Offense citations can range anywhere from speeding, feeding wildlife, driving under the influence, and so on. Consequently, some of the most minor actions can lead to a federal citation and subsequent federal prosecution.
It is important if ever faced with a citation issued by a federal agency to contact an attorney to discuss your options. Although the first issue is determining whether it is actually a federal petty offense you’re being charged with. If you receive a ticket from federal law enforcement the ticket will have printed across the top U.S. DISTRICT COURT VIOLATION NOTICE. If this language is printed across the top, you are dealing with a federal petty offense allegation. Once a federal citation has been issued, a copy will automatically be filed with the Central Violations Bureau (CVB).
Additionally, after a citation is issued a court date will be designated on the ticket. In the event that a court date is not listed on the citation, the CVB will notify you through the mail of the scheduled court date.
This is where petty offense citations can be misleading. Not all petty offense citations mandate that an individual appear in court before the Federal Magistrate. In instances where court attendance is not mandatory, an individual may opt to pay the monetary fine, according to the Schedule of Collateral Forfeiture and also the complement Code of Federal Regulations, by submitting payment to the CVB either by way of mail or an online transaction. It is important to note, automatically paying the fine associated with the petty offense ticket is an admission of guilt.
In instances where court attendance is mandatory, it is important to abide by that schedule. Failure to do so could lead to a warrant, an arrest, and severely inhibit an individual’s ability to resolve the alleged violation in the most favorable manner.