FAQ CATEGORY - OTHER TYPES OF FEDERAL CASES
What is the Central Violations Bureau or CVB?

CVB refers to those petty offenses (as defined under 18 USC 19) that are issued on federal property, such as federal buildings, national parks, military bases, post offices, Veteran Affairs centers, Social Security Administration Offices, local national forests (i.e., Angeles Crest, Los Padres National Forest), and any other areas that are patrolled or under the jurisdiction of the federal government.   In the Central District of California CVB matters include violations occurring on Vandenberg Air Force Base (VAFB), the Naval bases out of Ventura County (Point Mugu and Port Hueneme), Fort Irwin, Joshua Tree, the U.S. Marine Base in Barstow and on a host of local islands in the District.

Federal tickets are issued by law enforcement agencies such as the Federal Protective Service (FPS), the U.S. Park Police, U.S. Fish & Wildlife, Department of Defense Police, U.S. Coast Guard, U.S. Provost Marshal, Airforce, Marines & Navy Security Forces, U.S. Postal Police U.S. Customs, U.S. Border Police and, V.A. Police.

Are CVB offenses felony offenses?

No.  CVB offenses do not include any felony offenses. Felony offenses are prosecuted separately by the United States Attorney’s Office.

What types of offenses covered by CVB?

CVB offenses are governed by 18 U.S.C. §19.  This statute specifically states that petty offenses includes Class B misdemeanors, Class C misdemeanors, and infractions.  We will also see Class A misdemeanors on the CVB docket.  Here is a breakdown of the particulars for each type of citation:

Class A Misdemeanors:  The maximum term of imprisonment is one year, $100,000 fine, $25 special assessment, 5 year probationary term, $25 CVB processing fee, and  up to one year of supervised release.  This includes assaults, simple possession of drugs and petty thefts.  For these cases, our clients will be tried before a U.S. District Court Judge, unless they consent to have a  magistrate judge handle the case.

Class B misdemeanors: The maximum jail sentence is 6 months, a $5,000 fine, a $10 special assessment, 5 years probation, $25 processing fee and up to one year of supervised release.  Most CVB offenses are Class B misdemeanors (DUI’s, trespasses, and a host of other offenses).

Class C misdemeanors: The maximum jail sentence is 30 days, a $5,000 fine, $5 special assessment, five years of probation and a $25 processing fee.

Infractions:  These are offenses for which there is a 5 day maximum jail term, a fine up to $5,000, one year of probation, a $5 special assessment and a $25 processing fee.

Do I have a right to a court-appointed attorney to represent me on a CVB matter?

The court will appoint an attorney to represent you only if the government is seeking either a jail sentence or a sentence that includes a term of probation.  This will depend on the type of charge.  For example, if you are arrested for a DUI, you will likely be afforded the right to court-appointed counsel.  The reason for this is that DUI convictions will include no less than a sentence of probation. The Federal Public Defender’s Office is also typically appointed on petty theft, drug possession, and disturbing the peace offenses.

I was cited for a CVB violation while vacationing in California, but I live in Ohio. Can I have my case transferred to Ohio?

If you intend to contest your charges, you must appear in California.  If you are interested in resolving your case through a plea of guilty, there is a provision under Rule 58(c)(2) of the Federal Rules of Criminal Procedure to allow for a transfer of your case for plea and sentencing.

How are CVB matters handled?

As set forth in Rule 58 of the Federal Rules of Criminal Procedure, United States Magistrate Judges preside over CVB matters.

Where are CVB cases heard?

Los Angeles County Cases:

If you were cited at any of the federal buildings in downtown Los Angeles, or at any of the local federal properties (VA, Social Security), you will have to appear at the date specified at the Roybal Federal Building, located at 255 East Temple Street, Los Angeles, CA 90012.  For directions to the Royal Federal Building and parking information (map to Roybal Courthouse).

Santa Barbara and Ventura County Cases:

If you are cited for an offense that took place at Vandenberg Air Force Base or in Ventura County, the Padres National Forest, Pt. Mugu Naval Base, Pt. Hueneme Naval Base, or the U.S. Channel Islands, your case will be heard at the Santa Barbara Bankruptcy Court, located at 1415 State Street in Santa Barbara, CA 93101.  You will receive written notification from the Central Violations Bureau of your court date.

Other locations:

If you were cited at Fort Irwin, you will have to appear at Fort Irwin.

If you were cited at the U.S. Marine Base in Barstow, you will have to appear in Barstow.

How can I reschedule my CVB court appearance date?

To reschedule a hearing at Vandenberg Air Force Base or in Arroyo Grande, please call (805) 481-7037.

To reschedule a hearing in Ventura or Santa Barbara, please call (805) 963-4325.

To reschedule a hearing in Barstow, Fort Irwin or Yucca Valley, please call (619) 365-5558.

How can I schedule a hearing on a CVB case that has gone to a warrant?

To schedule a hearing on a warrant or driver license hold, please call (213) 894-3642.

How can I check the status of a CVB ticket?

You can contact the Central Violations Bureau by calling 1-800-827-2982.  Use option 4 to hear an automated recording with status of your ticket.

How can I pay a CVB ticket?

If you wish to pay the amount indicated on the violation notice, send your payment to the following address:

  Central Violations Bureau
  P.O. Box 740026
  Atlanta, GA 30374-0026

For additional information regarding CVB matters, you can call 1-800-827-2982 or visit the CVB website at www.cvb.uscourts.gov.

I am a juvenile. Can I be prosecuted in federal court?

Yes.  Under the Federal Juvenile Delinquency Act (“FJDA”)(18 United States Code §§ 5031-5042), juveniles may be charged in federal court for a variety of serious offenses.

What is the Federal Juvenile Delinquency Act?

The purpose behind the FJDA is to remove juveniles from the ordinary criminal federal court  process in order to avoid the stigma of a prior criminal conviction and to instead encourage treatment and rehabilitation. The act only applies to individuals alleged to have committed a violation of federal law before their 18th birthday, or for purposes of proceedings and dispositions under the Act, for an alleged act of juvenile delinquency by a person who has not attained their 21st birthday.

What does it mean to be treated under the Federal Juvenile Delinquency Act?

The FJDA provides a non-criminal process for the treatment of juveniles who are subject to federal jurisdiction for committing an alleged act which violates a federal law, and would have been a crime if committed by an adult.  The act provides rehabilitation for the offense, rather than punishment.

I am a juvenile who has been taken into custody for allegedly committing an act of juvenile delinquency. Will my parents be notified?

Yes.  Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise the juvenile of his/her legal rights, in language that is understandable to the juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody.

I am a juvenile who has been taken into custody for allegedly committing an act of juvenile delinquency. The arresting officer wants to talk with me. What should I do?

You should not do or say anything without first speaking to your parents, guardian, custodian or lawyer.  Make sure the arresting officer has notified your parents, guardian or lawyer about your arrest.

I am a juvenile charged with an act of juvenile delinquency. What will happen at my first court appearance?

A magistrate judge will make sure that you are represented by counsel before proceeding with your case.  A lawyer will be assigned to represent you if you, your parents or guardian, or custodian are financially unable to retain a lawyer.

I am a juvenile charged with an act of juvenile delinquency. Do I have the right to a jury trial?

No.  While a criminal defendant in federal court enjoys a Sixth Amendment right to a jury trial, this right applies only to criminal prosecutions.

I am a juvenile charged with an act of juvenile delinquency. Are my parents entitled to participate in interviews with my attorney or make decisions for me?

No.  The same attorney-client protections apply to juveniles as they do to adults.  Therefore, parents of juveniles charged with a federal offense do not have a right to be present at the interviews of their children with their attorneys and do not have the authority to make decisions about their child's case.

I am a juvenile who has been found to be a juvenile delinquent. What happens next?

If the court finds a juvenile to be a juvenile delinquent, the court shall hold a disposition hearing concerning the appropriate disposition (sentence) no later than 20 court days after the juvenile delinquency hearing unless the court has ordered further study pursuant to subsection (d) of 18 USC 5037

I have been adjudicated a juvenile delinquent. Can I appeal this finding?

Yes.  While the FJDA does not specifically state that a juvenile has the right to appeal adjudication of delinquency, courts have held that the Act does give a juvenile in the federal court system the same rights as an adult defendant in a criminal case.

I have been adjudicated a juvenile delinquent. How can I expect to be sentenced?

The maximum term of official detention to which a juvenile may be sentenced under the FJDA is the lesser of the period until the juvenile turns 21 years old or the maximum that could be imposed under the United States Sentencing Guidelines.  See also United States v. Juvenile, 347 F.2d 778 (9th cir. 2003); and 18 USC 5037(c).

I have been adjudicated a juvenile delinquent. Can I have the record of my court proceedings sealed?

Yes.  During the course of any juvenile delinquency proceeding, all information and records shall not be disclosed to anyone other than the judge, counsel for the juvenile, and the Government, or others entitled to receive juvenile records.  See also 18 USC 5038.

What is a material witness?

A material witness is a person whose testimony is material to a criminal proceeding, and where it appears from an affidavit filed by a party that this person’s presence for testimony cannot be secured by a subpoena.  A judge can order the person arrested, but also order that s/he be released from custody if certain conditions are met.  18 USC § 3144

Material witnesses are commonly designated to provide information and to testify at trial against the defendant smuggler in alien smuggling cases or against the defendant employer in cases involving the hiring of unauthorized aliens.

Are material witness(es) represented by counsel?

Yes.  The Federal Public Defender’s office is typically appointed to represent an indigent material witness. 

Where are material witness(es) held in detention?

Typically, they are held in the Santa Ana Jail, located at 550 N. Flower Street, Santa Ana CA 92703.  You can contact the Santa Ana Jail at (714) 245-8100.

What are the bond procedures for a material witness?

The material witness will be brought to court and bail will be set.  The material witness will be released after posting an unsecured bond filed by a third party.  Typically, the bond is set at $5,000.

What are the conditions of release for material witnesses?

The material witness must follow conditions of release on bond, including undergoing supervision by Pretrial Services, the federal agency that supervises pre-trial defendants, including material witnesses.