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  1. #1
    Join Date
    Oct 2012
    Posts
    3

    Default Prohibited Fire Charge, Starting a Fire Without a Permit

    My question involves criminal law for the state of: California

    Sorry i dont know where this goes since it was a criminal offense at first then change to traffic related. me and my friends got tickets for having a bonfire about a month ago from University Police and it was written as a misdemeanor and we had a set court date. Violation code was 92440.2 (10) E.C. Prohibited Fire. about a week later the officer mailed us a correction notice, saying it turned in to a "fire without a permit" Violation Code 4433 PRC and when we went to the court to ask about it ,our case was moved from Criminal Division to Traffic Division according to the DA's Office, so we had to wait in line.... and once we got up they said out ticket wasn't filed yet and told us to come back. We come back a week before out actual court date to see if the officer has filed it, it wasn't filed yet and they said it was probably because of the correction notice and that gives him a extra 2 week to file it, we asked if it dismissed if it isn't filed and the clerk said the officer has 1 year to file it. We missed out court date today and was wondering what we should do about it. because we checked the day before by phone to see if it was filed and it wasn't filed yet.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Charged with Fire Without Permit

    Quote Quoting kuraijay
    View Post
    My question involves criminal law for the state of: California

    Sorry I dont know where this goes since it was a criminal offense at first then change to traffic related. me and my friends got tickets for having a bonfire about a month ago from University Police and it was written as a misdemeanor and we had a set court date. Violation code was 92440.2 (10) E.C. Prohibited Fire. about a week later the officer mailed us a correction notice, saying it turned in to a "fire without a permit" Violation Code 4433 PRC and when we went to the court to ask about it ,our case was moved from Criminal Division to Traffic Division according to the DA's Office, so we had to wait in line.... and once we got up they said out ticket wasn't filed yet and told us to come back. We come back a week before out actual court date to see if the officer has filed it, it wasn't filed yet and they said it was probably because of the correction notice and that gives him a extra 2 week to file it, we asked if it dismissed if it isn't filed and the clerk said the officer has 1 year to file it. We missed out court date today and was wondering what we should do about it. because we checked the day before by phone to see if it was filed and it wasn't filed yet.
    The clerk is correct in answering that they officer has a year from the date the crime was committed or discovered to file action in court.

    You signed the citation making a promise to appear on a particular date. You were supposed to appear (yesterday) but even in the slight chance that it may have been filed after you called, chances are it would have been set for appearance for a later date by the clerk. You will have to continue to check on it on a regular basis.

    The fact that it was filed in the traffic division may imply that the court will send you a courtesy notice when it is filed, however, such notice is not required by law and is only done as a courtesy. And so there is no recourse for you if you did not continue to check regularly and subsequently failed to appear.

    Here is California Public Resources Code section 4433:

    California Public Resources Code section 4433.
    A person shall not light, maintain, or use a campfire upon any brush-covered land, grass-covered land, or forest-covered land which is the property of another person unless he first obtains a written permit from the owner, lessee, or agent of the owner or lessee of the property.
    If, however, campsites and special areas have been established by the property owner and posted as areas for camping, a permit is not necessary.
    A written campfire permit duly issued by or under the authority of the United States Forest Service is necessary for use on land under the jurisdiction and control of the United States Forest Service.

    I was unable to find a penalty related to this particular code section, nothing relevant in either "Article 1. Definitions and General Provisions - sections 4411-4418" or under " Article 2. Prohibited Activities - sections 4421-4446"... In fact, you would have to go back to the top of the "Division 4" → Chapter 2 → Article 1 → Section 4021 to establish that this is a misdemeanor.

    California Public Resources Code section 4021.

    Except as otherwise provided, the willful or negligent commission of any of the acts prohibited or the omission of any of the acts required by Chapter 2 (commencing with Section 4251) to Chapter 6 (commencing with Section 4411), inclusive, of Part 2 of this division is a misdemeanor.


    And if that ("misdemeanor") is in any way indicated anywhere on the citation or the correction notice and if its not indicated and it is later determined to be the case when I appeared in court then if it were me, this would cease to become a matter that I will defend on my own. I would hire an attorney to handle it for me.

  3. #3
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Charged with Fire Without Permit

    ok well keep calling them

    http://law.onecle.com/california/pub...rces/4433.html

    thats the code i believe. the officer said that the violation wont be harsh that it is more of a infraction.

    also the ticket said we needed to be booked. which i read that we are not required to be booked til the judge tells us too.

  4. #4
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Charged with Fire Without Permit

    sorry i didnt read clearly enough lol. its been two weeks and still no update. should it be nessccary to hire an attorney? as all we have to do it go to court and receive a fine from what our officer said. we were thinking about contacting the officer about it but then we don't want to remind him.

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