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  1. #21
    Join Date
    Nov 2013
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    7,056

    Default Re: Fishing Ticket Misdemeanor

    Before you hirer an attorney, you may want to call the clerk of the court where you are required to appear and ask for the name of the prosecutor that will be handling the case. Call them up or better yet go see them and ask if he/she would let you plead guilty to a lessor charge that is not a misdemeanor. If he/she agrees, I can assure you that the fines will be higher but you won't have the misdemeanor on your record.

  2. #22
    Join Date
    Jul 2014
    Posts
    6

    Default Re: Fishing Ticket Misdemeanor

    Ok. But it order to plead down to a lesser charge I have to plead not guilty the first time I go into court correct? Then right before my real trial I'll have a chance to talk with the prosecutor? Or do I try to contact him before my initial trial?

  3. #23
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Fishing Ticket Misdemeanor

    You contact him before the trial begins.

  4. #24
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Fishing Ticket Misdemeanor

    Quote Quoting budwad
    View Post
    If he/she agrees, I can assure you that the fines will be higher but you won't have the misdemeanor on your record.
    There's no reason to assume that the fines will be higher.
    Quote Quoting fake_out99
    View Post
    Ok. But it order to plead down to a lesser charge I have to plead not guilty the first time I go into court correct?
    You can only plea bargain before you enter a guilty plea. Once you plead guilty it is too late.

    I don not suggest waiting to try to find out if a plea bargain is available. The prosecutor's office may have polices about whether and where they will speak with unrepresented defendants prior to their first appearance in court.

  5. #25

    Default Re: Fishing Ticket Misdemeanor

    And, the downside to violations like these are that there often AREN'T "lesser" charges to plead to. Unlike a battery that might be pled down to an assault, or an assault that might be reduced to a "disturbing the peace" local infraction, or a DUI to a "wet reckless", when dealing with resource violations, the very nature of which hinge of the SPECIFICS of the activity, prosecutors often have little or no leeway, even if they WANTED to negotiate. There isn't a charge of "was only unlawfully fishing a little bit". Of course the other side of that coin is that a busy prosecutor or one not well versed in dealing with such cases might be persuaded to chuck the whole thing; but that approach is one that should be taken by one's attorney, and NOT by a novice accused. As advised, some criminal defense attorneys will offer at least a minimal consultation for free. The best thing you can do for yourself if concerned about a potential misdemeanor conviction is to speak with a few and potentially hire one BEFORE you say a word in court other than "not guilty".

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