Towson, Maryland Criminal Defense Lawyers The Herbst Firm HomeCode of Federal Regulations
In addition to being stressful and frightening, being charged with a federal offense can also be confusing. Federal police officers and agents can charge individuals in a variety of ways including issuing a citation or drafting a criminal complaint. The citation process is reserved for petty offenses, which are misdemeanors that carry less than 1 year in jail. Traffic citations are included in this category. Anyone who is arrested on a criminal complaint is likely facing a felony, and his or her case will be indicted. Those who are arrested and indicted will be charged under the United States Criminal Code, which are statutes that are enacted by actual lawmakers (Congress). There are hundreds of criminal laws in the United States Code, but they are relatively easy to find and research. The more confusing part of federal laws are the thousands of regulations located withing the Code of Federal Regulations or CFR. These regulations are not created by elected politicians but rather by bureaucrats that are appointed without any say by the public. Their power is delegated by Congress, but they do not have to answer to the voting base like elected officials.
There are several roadways in Maryland that are maintained by the federal government. The most heavily traveled is BW Parkway or 295. Most citizens are not aware that this highway is under control of the federal government, and therefore policed by federal law enforcement. The United States Park Police patrols this stretch of highway from Baltimore to Washington D.C., and anyone who is pulled over and cited for an offense such as DUI, driving on a suspended license, leaving the scene of an accident or failure to control vehicle will receive a federal citation. Drivers who mistakenly exit 295 at a NSA, Fort Meade or NASA exit will likely have their vehicle searched, and if contraband is found they will also be charged under a federal regulation. Most federal regulations violations will be heard in the Greenbelt or Baltimore Federal Courthouses. Joint Base Andrews and Aberdeen Proving Ground also have courthouses. This section is designed to give an overview of common federal regulations that Marylanders encounter. If you have received a violation notice in any of these areas contact Maryland federal citation lawyer Benjamin Herbst anytime for a free consultation.
A person who receives a citation by a federal law enforcement officer will likely be charged with a violation contained within the Code of Federal Regulations or CFR. There are 50 sections within the CFR and each section contains numerous subsections. The laws can be confusing, and it is often difficult to research the exact punishment for a violation of these laws. Fortunately, most citizens are not routinely subject to these regulations unless they have extensive contact with specific federal agencies or conduct business with the federal government. On the other hand, Maryland is a state where the federal government has a large presence, and many people end up on federally maintained property or in federal facilities in day-to-day life.
Almost all federal agencies have their own set of regulations and dedicated police officers to enforce these regulations. Common agencies in Maryland include the National Institute of Health or NIH, the National Security Agency or NSA, Social Security and the Centers for Medicare and Medicaid or CMS. These agencies employ thousands of people in Maryland, and thousands more are civilians who are contracted to work at or with these facilities. Any type of violation within these areas will be considered a federal offense that is prosecuted by the United States Attorney’s Office. Petty offense violations committed by civilians on large military bases such as Joint Base Andres, Fort Meade and Aberdeen Proving ground will also be prosecuted under the CFR. If no relevant violation exists in the CFR, then federal police officers are permitted to charge a person with a violation of state law. This is often the case for traffic violations committed on federal property. Those charged with violating state traffic laws on federal property will be mailed a notice to appear in federal court.
