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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19935
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hello. I have received 3 US district court violation

Resolved Question:

Hello. I have received 3 united states district court violation notices they all have CVB location codes CC94 Offense charged CFR 36 CFR 2.35 (b)(2) possession of controlled substance-Ecstasy(pill) ,possession of controlled substance- cocaine, and possession of controlled substance- marijuana This took place at MOJAVE NATL PRESERVE. I am still waiting for my court date which is on Nov.15,2013 My questions are will each of these be considered civil infractions, misdemeanors, or felonies,what sort of punishment could i be facing? I am currently in process of enrolling into a LVN college which requires a background check, if this were to be considered a misdemeanor of felony it could prevent me from continuing in the program or obtaining licensure after graduation. Am I able to request probation or voluntary work or anything to help prevent this showing on my records for background test? how am i able to defend myself in this case to receive the lowest punishment or fee that i might be facing? Also since im still awaiting for my court appearance will this still show on a background test done now or how long does it take to show on my record?

Submitted: 12 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 12 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Violations of the Code of Federal Regulations incurred on federal property are Class B misdemeanors. The U.S. Attorney would have discretion to instead charge a violation of the general drug possession statutes, which would be a Class A misdemeanor. A Class B misdemeanor is punishable by up to six months in jail. That means that, if you cannot afford an attorney, one will be provided for you.

The U.S. Attorney will sometimes allow a diversion program for drug charges for a first-time offender. That would allow the charges to be dismissed after you served probation. However, I'll be honest - your chances of getting that would be much higher if you had only been found with marijuana, or if there were only one violation. It's less likely with three tickets, but you can certainly talk to your attorney about it. One way to reduce penalties is to negotiate a plea bargaining with the U.S. Attorney. They usually ask for higher penalties following trial, plus the judge can impose any sentence supported by the guidelines. Entering an agreement ensures that you know what you're facing.

The violations will show on your record as soon as you go to court for the arraignment, because that is when you'll get fingerprinted. All violations must be reported to the board, or you will be denied a license. If they find out later that there were criminal offenses that they asked about and were not disclosed, that could be a basis for disciplinary action which could include revoking your license. So, failing to disclose the incident is actually more harmful than telling them in many cases.

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 12 months ago.
Do i need to provide myself with an attorney or a lawyer or someone for this type of case? Will the court allow me to explain myself ?
Expert:  Lucy, Esq. replied 12 months ago.
If you can afford an attorney, you would be required to pay for your own. But, honestly, a lot of people qualify that don't think they will, so it may be worth going in and filling out the forms before hiring someone (unless you make a significant income). If it turns out that you don't qualify, you can plead not guilty and then hire an attorney after the initial appearance. You could also call the Federal Defender's Office for your district and ask if they can give you the income guidelines.

The initial hearing is just an opportunity to enter a not guilty plea and request a lawyer. You will have a right to request a trial, where you can force the U.S. Attorney to prove the charges against you. You can also introduce evidence and witnesses at the trial. You could take the stand to tell your story if you wanted, but legally they cannot force you to do that.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19935
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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