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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 28050
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I just asked a question about criminal law. Would someone please,

Customer Question

I just asked a question about criminal law. Would someone please, answer it.
My question was handled by a real estate lawyer but I need someone who knows criminal law on federal level. Thanks
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What statute is written on the violation notice?
Customer: replied 3 years ago.

I can't tell. It's illegible. I have a feeling it's Federal Trespass. I was given a Notice of Violation by an Airman not police officer. I refused to sign to promise to appear but they still handed it to me.

Expert:  Lucy, Esq. replied 3 years ago.

There are a number of federal trespassing statutes. I'm just trying to figure out which one they cited you for, since many of them wouldn't require an appearance.

If the ticket does not have a fine that you can pay, the best option is to contact the U.S. Attorney's Office that prosecutes these and ask (a) is that a mistake (can you pay it through the Central Violations Bureau) or (b) if you can postpone the hearing to a date that you can attend. They may also be willing to negotiate a deal with you over the telephone if you really would prefer to pay a fine than go to court.

It's possible that you're being charged with a violation of the Code of Federal Regulations, which is why you don't have a fine to pay. Most CFR violations are Class B misdemeanors, and will show up on your record if you're found guilty, so it's important to show up and request a trial (or work out a deal with the DA). A Class B misdemeanor is punishable by up to six months imprisonment. Jail is unlikely, but I just want to illustrate the difference between this and something like a speeding ticket.

Usually what happens with these is that the judge goes through a bunch of tickets all at once. For anyone who doesn't show up, he issues a bench warrant. You might be able to fight it based on the fact that you did not the notice, but that doesn't avoid the possible embarrassment of being dragged into jail, or the expense and frustration of having to go back to that courthouse to ask for the warrant to be recalled (and to be charged with failure to appear). You likely would be able to get it resolved, but it would be a lot more expensive, time consuming, and frustrating than trying to have
the ticket resolved in the first place.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Customer: replied 3 years ago.

Where do I get a number for US attorney who handles my case. Thanks

Expert:  Lucy, Esq. replied 3 years ago.
Go to the website for the office in the county where the ticket was issued. The person at the main desk should be able to tell you who handles misdemeanors, if it's always one person. If not, you can ask if they can take your ticket number and have someone give you a call back to talk about it.

If you are not able to talk to someone at the US Attorney's Office, you can call the clerk of the court and ask for another court date.

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