Petty Offenses
All proceedings are being held virtually - by telephone or by computer. DO NOT come to the federal courthouse. The Central Violations Bureau will mail each person a Notice of Hearing with a date, time and further instructions on how to join the proceeding on your assigned date.
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 contesting the ticket. If you choose to pay the fine, please follow the instructions on the ticket you received. If you choose to contest your ticket, do not pay. You will soon receive a letter giving you a date and directions on how to call in to join the proceeding or how to join the proceeding using a computer. If the officer wrote a date on your ticket, please contact the Federal Public Defender’s office at Christine_Miles@fd.org or (415) 265-1014 prior to your date to see if and when you are on the court's calendar.
If a ticket is marked “optional appearance” by the issuing officer, you may do one of the following:
Pay the fine before the court date. The fact that you have paid will not be reported to the California DMV. The case will be closed, and you need not do anything more.
Do not pay the fine, and join the proceedings (either by phone or computer) on the assigned date and time in accordance with the directions that will be mailed to you by the Central Violations Bureau. (You may also call the appropriate location as indicated below and ask to reschedule the date, so long as your scheduled date has not yet passed.) Do NOT GO to the federal courthouse.
If a ticket is marked “mandatory appearance” by the issuing officer:
You must join the proceedings by phone or computer using Zoom on the scheduled date and time as indicated in the “Special Instructions” section of CVB's Notice to Appear or call the appropriate location as indicated below before your scheduled court date and ask to reschedule the date. DO NOT GO to the federal courthouse
I want to protest my ticket. How can I do that?
You will be sent a letter from the Central Violations Bureau with a hearing date and time. In the ‘Special Instructions’ section of that letter there will be instructions on how to join the proceedings on the assigned date and time. If you have documents to share at the proceeding such as photographs, witnesses (or a witness’ statement, signed under penalty of perjury, as to what occurred), and/or diagrams, please be prepared to join the proceeding using a computer and Zoom and sharing these documents on your screen or contact the Federal Public Defender’s Office for assistance at Christine_Miles@fd.org or (415) 265-1014.
If your court is in McKinleyville, the court’s petty offense calendar occurs every other month and usually on the second Monday at 11:00 a.m. Proceedings are held telephonically. DO NOT GO to the courthouse. You will receive a letter from the Central Violations Bureau with a hearing date and time. In the ‘Special Instructions’ section of that letter there will be instructions on how to phone in to join the proceedings on the assigned date and time. If you need to reschedule, contact the clerk’s office at 707.445.3612.
If your court is in Santa Rosa, the court’s petty offense calendar occurs every other month and usually on the second Friday at 10:30 a.m. Proceedings are held telephonically. DO NOT GO to the courthouse. You will receive a letter from the Central Violations Bureau with a hearing date and time. In the ‘Special Instructions’ section of that letter there will be instructions on how to phone in to join the proceedings on the assigned date and time. If you need to reschedule, contact the clerk’s office at 707.445.3612.
If your court is in Salinas, the court’s petty offense calendar occurs every other month on the first Monday at 8:00 a.m. DO NOT GO to the courthouse. If you have a ticket, you will receive information on how to join the hearing using a phone or computer approximately 30 days prior to the hearing date. If you need to reschedule, please contact Nan_McVernon@fd.org or (415) 265-0857.
If your court is in San Jose, the court’s petty offense calendar occurs every month on the first Wednesday at 9:30 a.m. DO NOT GO to the courthouse. If you have a ticket, you will receive information on how to join the hearing using a phone or computer approximately 30 days prior to the hearing date. If you need to reschedule, please contact Nan_McVernon@fd.org or (415) 265-0857.
If your court is in San Francisco, the court’s petty offense calendar occurs every Thursday at 9:30 a.m. Proceedings are held virtually; you must join the proceedings by phone or with a computer. DO NOT GO to the courthouse. You will receive a letter from the Central Violations Bureau with a hearing date and time. In the ‘Special Instructions’ section of that letter there will be instructions on how to phone in to join the proceedings on the assigned date and time. If you need to reschedule,contact the clerk’s office at 415.522.2149.
What is the "Petty Offense Calendar?"
"Court" for alleged petty offense violations (infractions and some misdemeanors) on federal property is often called the "Petty Offense Calendar." It is not like a typical federal court proceeding; in San Francisco, Santa Rosa, San Jose and Salinas, there is no judge participating. An attorney from the Federal Public Defender’s Office will be present on the call, and can assist you in your negotiations with the prosecutor. The petty offense calendar is more like an informal settlement or negotiation proceeding, with a prosecutor from the United States Attorney's Office making offers to resolve the case. In McKinleyville, there is a judge present on the call. An attorney with the Federal Public Defender’s Office is also on the call. The prosecutor from the United States Attorney's Office will make an offer to resolve the ticket; the agreement will require the approval of the judge.
If you reject the prosecutor’s offer to settle the citation, you can always assert your right to go to trial before a federal magistrate judge.
D.U.I. offenses and serious drug offenses are generally not handled on the petty offense calendar. These cases begin directly before a federal magistrate judge.
What will happen at the "Petty Offense Calendar?"
If you have received a ticket and wish to contest that ticket, you will receive a notice giving you a date and time to join the petty offense proceeding. That notice will be sent by the Central Violations Bureau and in the ‘Special Instructions’ section of that notice, there will be instructions on how to join the proceeding by phone and/or by computer. In San Francisco, Santa Rosa, Salinas and San Jose, when you join the proceedings by phone or computer, there will not be a judge participating at the proceeding. In McKinleyville, there is a judge present on the call.
At each Petty Offense Calendar, you will have the opportunity to speak with a prosecutor from the United States Attorney’s Office in an effort to settle the ticket. After hearing from you, the prosecutor can do one of three things – dismiss the ticket, ask you to pay a fine amount (either reduced or in full) or give you the opportunity to do volunteer hours at a nonprofit or not-for-profit. You can accept or reject the offer to settle your ticket. If the prosecutor asks you to pay a fine and you pay the fine, it is called a forfeiture of collateral; in the Northern District of California, the fact that you have paid will not be reported to the Department of Motor Vehicles. If you do not agree with what the prosecutor’s offer, you can reject that offer and let the prosecutor know that you want to exercise your right to go to trial. A trial date will either be scheduled at that time or arrangements will be made to notify you by letter of your court date for trial. At trial, you can represent yourself, bring your own attorney or ask the judge to appoint the Federal Public Defender's Office. Please keep in mind that if you are found guilty following your trial, it will be considered a conviction and the judge will report it to the Department of Motor Vehicles and/or any relevant outside agency.
I received my letter with my court date and I cannot make it on that date. What do I do?
You should contact the appropriate location right away and ask to reschedule your court date. See below:
San Francisco - clerk’s office at 415.522.2149
Eureka and Santa Rosa - clerk’s office at 707.445.3612
Salinas and San Jose - FPD contact at 408.265.0857 or Nan_McVernon@fd.org
Can I get a payment plan or community service?
You must generally join the proceedings on your assigned date in order to request either a payment plan or completion of volunteer work/community service in lieu of a fine. Volunteer work is an option only at the San Francisco, Santa Rosa and McKinleyville petty offense calendars; the U.S. Attorney's Office does not offer volunteer work as an option in San Jose or Salinas. All volunteer work must be done at a nonprofit or not-for-profit, generally an agency that helps people and does so for free. Examples include a school, a recreation center, library or a Food Bank, for instance. Volunteer work that directly benefits a religious organization is not permitted but working with a religious organization to feed the homeless, for example, is permitted. Once the volunteer hours are completed, the required paperwork must be completed and submitted.
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