Federal Public Defender

            Northern District of California

        Barry J. Portman

           Federal Defender

Frequently Asked Questions About Petty Offense (Minor Tickets on Federal Property)

I have received a ticket while on federal property, now what do I do?

If you have received a ticket for a minor offense while on federal property, you generally have the option of either paying the fine or appearing in federal court to contest your ticket. If you choose to pay the fine, please follow the instructions on the ticket you received. If you choose to contest your ticket, look carefully at the ticket and see if there is a date to appear.  If there is not, you will soon receive a letter giving you a date on which to appear in federal court.

I want to protest my ticket. How can I do that?

You will soon be sent a letter with a court date. You must appear on that date at the place and time specified in the letter. You should bring with you everything that supports your argument. For instance, photographs, witnesses (or a witness’ statement, signed under penalty of perjury, as to what occurred), and/or diagrams can sometimes help to prove that you were given the ticket unfairly.

What is the "Petty Offense Calendar?"

"Court" for minor infractions on federal property is often called the "Petty Offense Calendar." It is not like a typical federal court appearance; there is no judge, and you are not entitled to an attorney. The petty offense calendar is more like a structured settlement or negotiation proceeding, with representatives of the United States Attorney's Office making offers to resolve the case.

The petty offense calendar can be slow, crowded, and frustrating for those fighting tickets.  The procedure, however, often produces deals that are in the defendant's interest when compared to the original fine amount, or with the consequences of a conviction at trial. Remember, moreover, that someone who has resolved a ticket can always assert the right to go to trial in front of a magistrate.

D.U.I. offenses, and many drug offenses, do not qualify for the petty offense procedure. These cases begin directly before a federal magistrate.

What will happen at the "Petty Offense Calendar?"

If you have received a ticket and wish to contest your ticket, you will receive a notice giving you a court date on which to appear. When you appear on that date, you will not see a judge. Instead, you will have the opportunity to meet with a representative of the United States Attorney’s Office in an effort to settle your ticket. After hearing your side of what happened, the U.S. Attorney’s representative can do one of three things – dismiss the ticket, reduce the fine amount and ask you to pay that, or ask you to pay the full fine amount. If the U.S. Attorney’s representative asks you to pay a fine and you agree to pay the fine, the ticket is not considered a conviction. It is called a forfeiture of collateral and, according to the United States Attorney’s Office present policy (2/8/2005), it will not be reported to the Department of Motor Vehicles, the State of California, or to your insurance company. If you do not agree with what the U.S. Attorney’s representative is asking you to do, you can tell her that you want to exercise your right to go to trial. The clerk of the court will then give you another court date for the trial or will make arrangements to notify you by letter of your court date for trial. Please keep in mind that if you are found guilty following your trial, it will be considered a conviction and the judge can choose to report it to the Department of Motor Vehicles, the state of California, and/or your insurance company.

I received my letter with my court date and I cannot make it on that date. What do I do?

You should call the clerk’s office right away and ask to reschedule your court date. Their phone number is (415) 522-2000.

Can I get a payment plan or community service?

You must appear at your court date in order to request either a payment plan or community service. If you want to pay the fine or if you choose to accept the U.S. Attorney’s representative’s offer of paying a particular fine, you can ask for either a payment plan or community service. You should be prepared to share details of your financial situation in order to demonstrate that either a payment plan or community service is necessary. The U.S. Attorney’s Office will not let you do community service for religious groups. You may generally perform any other charitable/community work for an established organization and receive credit towards your fine. If the U.S Attorney’s representative permits you to do community service, she will give you the appropriate forms which must be completed by the organization.