Handling a ticket under 36 CFR 2.35 for smoking in a national park.

Question

I received a ticket under 36 CFR 2.35 for smoking a joint in a national park. This is concerning as I do not want the charge on my record. Previously, I was found with marijuana, but those charges were dropped. There don't appear to be specific penalties or fines mentioned in this ticket. How should I approach this ticket to avoid the charge on my record?

James L. Arrasmith · Answer

You’re facing a federal infraction under a National Park Service regulation, and you have the right to contest it before a U.S. Magistrate Judge or pay any fine set by the issuing officer. 
 
First, review your citation for the date, time, and location of your scheduled court appearance or deadline to respond.  If it lists a magistrate court address, you can appear in person (or by counsel) on that date and demand a trial, where you can argue the circumstances—such as marijuana decriminalization in your state or lack of clear signage—and ask for dismissal or reduction. 
 
If the ticket gives you only an option to mail in a payment, it typically waives your right to contest, so instead you should refuse to pay and notify the court in writing that you intend to appear and contest.  You can also call the park ranger division’s dispatcher to confirm the correct magistrate’s court and any pre-hearing procedures. 
 
At your hearing, be respectful, admit the facts as you understand them, and emphasize your clean record and the dropped previous charges.  Many magistrates will reduce a first-time, low-level violation to a warning or minimal fine, which won’t go on your criminal record if you comply with any diversion or deferred disposition they offer.

Q: Handling a ticket under 36 CFR 2.35 for smoking in a national park.