Because my fish and wildlife officers write those tickets all day long, and our statute is almost exactly worded and also doesn't provide a definition of "closely attended".
Because my fish and wildlife officers write those tickets all day long, and our statute is almost exactly worded and also doesn't provide a definition of "closely attended".
No, I'm not in Nevada. But I do understand the terminology involved in "manner of fishing". If you think a judge is going to think that they were "closely attending" fishing lines when they weren't there, more power to you.
It is not OP's job to prove guilt, it is the states. Their failure to clarify the law is not OP's problem, the ticket is.
I called a couple attorney's in my area today. One said $220 for a consultation up to an hour, but seemed a little baffled at the situation I was in and did not really know what to say. Another just told me it was $2000 to take on a misdemeanor case. He too was a little confused and said this is a strange case to ask about since he normally handles "bigger" cases such as someone being caught with 400lbs of meth.
Should I really higher an attorney for this? I'm at a complete loss at the action I should take. This whole situation seems like it's becoming a little much for a fishing line in the water unattended.
It's a misdemeanor. See NRS Sec. 501.385.
When there's not a "legal definition", you apply plain English. A fishing rod left unattended is, very plainly, not "closely attended". Further, the law doesn't only state "closely attended", but states, "closely attended in the manner known as angling".
If you can find any authority from any jurisdiction, Nevada of course included, that would support your contrary position, please feel free to share it.
If it were me, I would either hire a lawyer or, at a minimum, see if the prosecutor was willing to offer some form of deferral or non-criminal disposition.
Excellent clarification and direction MR.K.
So at this point I guess it's pretty clear that this is a misdemeanor. So my goal now should be to just try and get a lesser charge correct? How would I go about that? How do I get a hold of prosecutor handling my case? Do I go to court, plead, guilty, then ask? Sorry for all the questions, I'm not at all familiar with the processes involved.
When you say hire a lawyer, do you mean go in for advice? Or have them represent me in court all together. $2000 to have them represent me seems a little much for a $115 ticket. It might be worth it in the long run, but the lawyers I called seemed unsure if they could even do anything for me.
You are best to have a lawyer beforehand or enter a plea of not guilty and make them prove their case. As I noted the statute is not clear on what constitutes close at hand. A deal might be forthcoming.
Hiring somebody means to pay them money for their services. It's up to you to decide what services you wish to obtain from a lawyer, should you choose to hire one.