How Does a Non-Attorney Prosecute a Federal Case

My question relates to legal practice in the state of: Federal

I recieved a ticket on federal property for possessing and discharging fireworks. The ticket is absolutely bogus (a different story) so I went to arraignment. While there, a person introduced himself as the person who will be prosecuting my case. After arraignment, I got his contact information and forwarded him a request for discovery. At that time, he advised me that he is NOT an attorney!! How does a non-attorney prosecute misdemeanor cases for the federal government. This guy is just a BLM ranger!! I'd really like to know what statute allows that to occur.

So, the problem is, he won't provide any discovery and he says he likely won't see ANY information for my case until the day of the trial. This sounds very hokey to me. I am pretty familiar with state law (california), but I don't have much experience with federal law.

Any comments?

Federal court is not state court. The rules are very different and not particularly defendant-friendly. The most sensible thing to do if you're serious about contesting a charge in federal court is to hire a lawyer.

You are charged with violating what exact section of the United States Code?

My state-level law enforcement officers are cross-sworn for federal jurisdicitons of managed lands and wildlife management areas, and here's the language of the USC that is at least partially applicable:

Those who ignite or operate fireworks on BLM-managed lands can be fined up to $1,000, receive a prison term of up to one year, or both. In addition, individuals responsible for starting wild-land fires on federal lands can be billed for the cost of fire suppression.

On public lands, under section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. (United States Code) 1733(a) and 43 CFR 9212.4, any person who violates this supplementary rule may be tried before a United States Magistrate and fined up to $1,000 or imprisoned for up to one year, or both. Such violation may also be subject to the enhanced fines provided for by 18 U.S.C. 3571.

These may be additionally applicable, depending on circumstances (most BLM managed lands and WMAs have, in addition to broad restrictions in the USC and other orders, can have their own additional restrictions, so the EXACT spot of land in question is very important.)

Title 36--Parks, Forests, and Public Property

CHAPTER III--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY -
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS


43 C.F.R. PART 2930—PERMITS FOR RECREATION ON PUBLIC LANDS

First, you are not prosecuting anything, the federal government is.

As the offense allows jail time you can ask for a government appointed attorney if you can't afford one.

IF a non attorney is prosecuting the case, they may have limited powers such as Magistrates do.

For example I do know a Federal Magistrate is limited to what he can do and is not an actual Judge, but may hear an actual trial if both parties agree.

A Magistrate IS lawyer though.

Maybe this layperson is vested with similar power.

However it does seem to fly in the face of receiving a fair trial as one who is not versed in law can not properly protect your rights?

Have you retained an attorney yet? If it is punishable by possible jail time, you must be appointed a public defender in the federal system if they wish to seek jail time, if you are indigent.

I was charged with 36CFR261.52(f). No, there is no jail time and the fine is $275, so I am NOT going to hire an attorney. I don't really need help with the merits of the case either. My question is.... does anyone know what statute or case law allows a non-attorney to prosecute a federal case?

It's not a federal case that is being "prosecuted". You are being "charged with" a civil violation - called a "notice of violation" that the court is being asked to hear - so technically it's a civil matter between the agency that issued the ticket (notice of violation) and you, being named the violator. The officer is acting as a representative of the plaintiff, which is the agency that the officer works for. You are in the role of the defendant in the civil case. There is no "prosecutor" in a NOV action. Prosecutions happen in CRIMINAL cases, and it appears that you're being charged with a CIVIL violation. The agency brings it's case, you bring your defense, and if the court rules in the agency's favor, it awards "damages" as spelled out in the specific ordinance, law, statute, administrative order, or other governing issue is in question.

See 42 USC ss.7413 which lays out how federal enforcement of such things runs (this section is under EPA not BLM, but it's the easiest to understand and the same mechanics apply).

Since you posted the CFR and there is NO jail time, you are not entitled to a public defender if indigent. So that answers the Q, as Catherine pointed out.

The issuing agent/officer can act as the prosecutor for non jailable offenses, of course with oversight from the Court.

Catherine, your 1st post made me believe it was punishable by up to a grand and a year in jail, so then it would have been a crime.

Quote:

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Quoting BOR

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Catherine, your 1st post made me believe it was punishable by up to a grand and a year in jail, so then it would have been a crime.

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I know that for our WMAw and the federal lands in FL that our officers cover (12 county area), the violation would have been charged criminally. BUT, because each such area (whether state or federal) has different and sometimes overlapping regs, what is ok in one place may not be in another, and can be charged differently (criminal infraction vs civil infraction). The OP's clarification of the exact charged statute pointing out that it was a civil-only violation narrowed things down and took the whole criminal violation issue off the table (it IS very confusing!).

(It gets even MORE so when, for example, of my state officers issues such a citation, then the feds find out and THEY want to be the ones to take the case....ugh!)

Catherine,

Excellent info. I didn't realize that the feds treated these issues as civil. So, I believe I am still protected against illegal search and siesure... even against a civil case. Would you agree that a BLM officer cannot open boxes to recover evidence not in plain sight and then charge me for it?