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  1. #1

    Default Fishing Without a License, Va 29.1-335

    My question involves criminal law for the state of: Virginia

    Hello everyone,

    I'm in a bit of a conundrum. My wife and I went catfishing over the weekend and subsequently were cited by the game warden for VA 29.1-335 Fishing Without A License. I do possess a valid Virginia Freshwater Fishing License, however I was cited for not possessing the adequate trout stamp while fishing in trout designated waters. My wife was cited for the whole ordeal which included separate charges for both fishing without a license and fishing without the adequate trout stamp. These charges carry a Class 3 Misdemeanor in the state of Virginia. I'm not one to make excuses, I am guilty. That said, I've been fishing in the same spot for over 20 years and this is the first year that they have designated the location a trout stocked location.

    I do have a few questions. I am not bothered by paying the costs associated, however I am not too happy about the fact that I could be considered a convicted criminal because of my wife and I enjoying a nice day out fishing at the lake together. I have a clean record. There were two instances, one as a juvenile (stupidity) and one at 18 years old (complex, but irrelevant) which were sealed and/or expunged. Other than that, I don't even have as much as a speeding ticket on my record. I am in graduate school for my master's degree and I'm looking to obtain a position that is somewhat stringent on your background post-graduation. My wife has a completely clean record aside from an expunged charge that was thrown out because of her 4th amendment being violated. For some additional information, we did go directly to the store following our citations and purchased all of the necessary stamps required for fishing in Virginia, just to be sure we don't encounter any issue whatsoever with our fishing expeditions.

    My questions are as such: What is the likelihood of this charge being thrown out, especially considering I practiced good faith in possessing some sort of license and I immediately purchased every add-on license possible post-citation? If convicted, should I consult a lawyer and appeal the conviction to the circuit court? Also, I'm considering pleading the 5th on most questions asked by the judge and entering my plea as No Contest. Lastly, should my wife have received two separate citations for the same exact charge code just different wordings? I just want to evaluate what the possible outcome may be for this.

    Again, I am guilty and I don't have any story for this aside from the fact that I do not even possess any trout bait and tackle, much less have a desire to fish for trout. I have no problem with any fees incurred, I just want us to avoid if at all possible being considered "convicted criminals", especially of a class 3 misdemeanor, for something as menial as not purchasing a trout stamp on my fishing license. Any help would be sincerely appreciated.

    -G.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Va 29.1-335 Fishing Without a License

    Please don't imagine that there are any gimmicks that will get this "thrown out" or that your record or intentions will make any difference.

    You and your wife were cited.

    It was up to you to find out what the laws and designations were before you went.

    Either pay up and accept that you'll both have a criminal record or hire an attorney to plead not guilty and defend you. An attorney would know how to handle the courtroom and possibly get this pled down to some sort of minor infraction that doesn't give you a criminal record. You won't know how and will only do damage to your wife and yourself.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Va 29.1-335 Fishing Without a License

    According to the DGIF web site, all stocked trout waters will have signage indicating such. Are you claiming no signage exists?

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