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  1. #11

    Default Re: Fishing Ticket Misdemeanor

    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".

  2. #12
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    Default Re: Fishing Ticket Misdemeanor

    Are you in Nevada? Florida legal interpretations are different I'm sure, based on the fishing sources available, which are not in Nevada. I have a friend who likes to jug fish the Arkansas while we pole fish from the boat outside Little Rock.

    Quote Quoting aardvarc
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    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".

  3. #13

    Default Re: Fishing Ticket Misdemeanor

    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.

  4. #14
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    Default Re: Fishing Ticket Misdemeanor

    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.

  5. #15
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    Default Re: Fishing Ticket Misdemeanor

    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.

  6. #16
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    Default Re: Fishing Ticket Misdemeanor

    Quote Quoting fake_out99
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    I figured as much on the driving record. I have no idea why the officer would even bring it up, it seems the two are not even remotely related. So is leaving my line the water really a misdemeanor that will affect me as drastically as I think? Or just an infraction?
    It's a misdemeanor. See NRS Sec. 501.385.
    Quote Quoting Disagreeable
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    The problem is there is not a legal definition of closely attended. The fish were not left for a duration of time such that they would be unable to survive. I would fight the ticket. When trolling multiple lines by boat, fish are usually left sitting in a tank for hours while the boat is out. This is similar and not a crime.
    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.
    Quote Quoting fake_out99
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    Should I really [hire] an attorney for this? I'm at a complete loss at the action I should take.
    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.

  7. #17
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    Default Re: Fishing Ticket Misdemeanor

    Excellent clarification and direction MR.K.

  8. #18
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    Jul 2014
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    Default Re: Fishing Ticket Misdemeanor

    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.

  9. #19
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    Default Re: Fishing Ticket Misdemeanor

    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.

  10. #20
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    Default Re: Fishing Ticket Misdemeanor

    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.

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