US District Court, Change of Venue?

[oopsdude]

Several of us were issued violations from the Bureau of Land Management while in California. I reside in Arizona (280 miles away).

Quick overview of situation: Several friends and I were riding ATVs in a closed area of the Imperial Sand Dunes in California. We were observed by BLM ranger exiting a closed area. However when we entered the area, no signs were visible and we were not aware of it being off limits. We attempted to explain this to ranger, but were told to "tell it to the judge." After the violations were issued, we rode back to the entry point photographed the lack of signage, several buried 98% by sand and a few lying face down.

Question #1 - Is our violation a civil matter or a misdemeanor one? We were cited for violation of CFR 43-8364.1d - I've been all over the web for hours trying to figure this one out. Several of us are teachers and do not want criminal records for trespassing!

Question #2 - When I phoned the court and inquired about a change of venue, the clerk said the court will not grant one. If we have to drive 500+ miles to state "no guilty" and then return later for the trial (another 500+ miles), is this grounds for requesting a change of venue?

Question #3 - If a change of venue is out of the question, can I write a letter to the court requesting the matter be immediately set to trial?

Any help would be greatly appreciated by our group,

Thank you in advance,What is the name of your state (only U.S. law)?

 

[oopsdude]

thx

Thank you to the person who provided me the last bit of advice!

 

[CdwJava]

Question #1 - Is our violation a civil matter or a misdemeanor one? We were cited for violation of CFR 43-8364.1d - I've been all over the web for hours trying to figure this one out. Several of us are teachers and do not want criminal records for trespassing!

It is a misdemeanor.

Question #2 - When I phoned the court and inquired about a change of venue, the clerk said the court will not grant one. If we have to drive 500+ miles to state "no guilty" and then return later for the trial (another 500+ miles), is this grounds for requesting a change of venue?

The jurisdiction will be that of the federal court holding jurisdiction for offenses committed in the area of the offense. The fact that it is inconvenient for you is not a reason to change the venue to another state. If they did that, then the government would also have to now fly out and house the citing officer each time. That just is not going to happen.

You can hire an attorney to appear for you (if allowed in federal court), or find out if it is possible to plead guilty and pay the fine should you wish to avoid the lengthy travel.

Question #3 - If a change of venue is out of the question, can I write a letter to the court requesting the matter be immediately set to trial?

An ex parte communication to the court is unlikely to get any results. At arraignment you might be asked about a trial date if you plead not guilty, but chances are these dates are set by the court and not subject to much wiggle room.

Perhaps the group of you can share the cost of an attorney who can answer these questions for you, and may be able to appear on your behalf at least at the arraignment (if permitted in federal court).

 

[oopsdude]

thanks

Thanks for the information. Not that I'm doubting you about the violation being a misdemeanor, but how did you know this?

I've shared the information with our riding group and they send their "thanks" as well.

 

[CdwJava]

Thanks for the information. Not that I'm doubting you about the violation being a misdemeanor, but how did you know this?

I've shared the information with our riding group and they send their "thanks" as well.

Because the section you were cited for indicates penalties are as 43 CFR 8360.0-7:

§ 8360.0-7 Penalties.
Violations of any regulations in this part by a member of the public, except for the provisions of §8365.1–7, are punishable by a fine not to exceed $1,000 and/or imprisonment not to exceed 12 months. Violations of supplementary rules authorized by §8365.1–6 are punishable in the same manner.​

By definition, this would be a misdemeanor and not a felony. And, strictly speaking, there appears to be no federal infractions.

In CA this sort of a misdemeanor conviction would not be an offense that would prohibit employment as a teacher. I suspect the law is the same in AZ.

 

[oopsdude]

Because the section you were cited for indicates penalties are as 43 CFR 8360.0-7:

§ 8360.0-7 Penalties.
Violations of any regulations in this part by a member of the public, except for the provisions of §8365.1–7, are punishable by a fine not to exceed $1,000 and/or imprisonment not to exceed 12 months. Violations of supplementary rules authorized by §8365.1–6 are punishable in the same manner.​

By definition, this would be a misdemeanor and not a felony. And, strictly speaking, there appears to be no federal infractions.

In CA this sort of a misdemeanor conviction would not be an offense that would prohibit employment as a teacher. I suspect the law is the same in AZ.

Another question for one of California's Finest - what do you mean by, "And, strictly speaking, there appears to be no federal infractions."?

I agree with the lack of employment issues. This definitely will not keep us out of the classroom or prevent us from switching jobs in education. But unfortunately we will need to notify our current employers and the department of education. And I assume it will appear on our next criminal background check or perhaps the next time any of us get a speeding ticket?

I'd rather not have criminal history documented because I'm not a criminal...

thanks man!

 

[CdwJava]

Another question for one of California's Finest - what do you mean by, "And, strictly speaking, there appears to be no federal infractions."?

That there are no federal offenses I am aware of that are classified as infractions. Those offenses punishable by only a fine also appear to be a misdemeanor. This is different from offenses in some states that categorize offenses punishable with only fines as something less than a misdemeanor.

I agree with the lack of employment issues. This definitely will not keep us out of the classroom or prevent us from switching jobs in education. But unfortunately we will need to notify our current employers and the department of education. And I assume it will appear on our next criminal background check or perhaps the next time any of us get a speeding ticket?

Teachers out here do not go through annual background checks. And, unless the violation resulted in a disqualifying offense, I doubt that your employer would even be notified. And since this would be a federal conviction and not state or local, even if your school district does have a notification program in place, it may be unlikely that any record of the conviction would be automatically forwarded.

As for a speeding ticket, since this is a federal offense an officer would not be able to see this through your state DMV records.

I'd rather not have criminal history documented because I'm not a criminal...

Well, if convicted, you will have been found guilty of a criminal offense. Whether that makes you "a criminal" or not is a subjective matter.