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  1. #1
    Join Date
    Sep 2015
    Posts
    1

    Default Charges for Fishing Without a License

    My question involves criminal law for the state of: North Dakota

    Hello,

    A couple of weeks ago a friend and I were out fishing and my friend was caught without a license. Completely overlooked purchasing one unfortunately (simply forgot to), and was ticketed; first time offence. I had my license and wasn't ticketed. The front of the ticket says it is a class B misdemeanor, but the back says it is a noncriminal offence. The ticket carries a fine of $450. I've looked into the information provided by game and fish and the state, but can't make heads or tails of the ticket, because it seems to contradict itself. However, game and fish online says that anyone caught without a license is subject to a "class 2 noncriminal offence."

    The questions I have follow:
    1) What does a "class B misdemeanor" that is also "noncriminal" mean? Or "class 2 noncriminal offence" to be more specific.
    2) What will this look like on their record?
    3) Any chance of a reduced fine?

    Thanks for the help!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Charges for Fishing Without a License

    There's no such thing as a class 2 misdemeanor. Misdemeanors are classed as A or B. You can be fined or go to jail on these. They will be part of your criminal record There are class 1, 2, and 3 noncriminal offenses. Essentially those are civil fines which do not show on a criminal record.

    Fishing without a license in North Dakota can be charged as class B misdemeanor. It can also be charged as a noncriminal offense. You need to ascertain which it is.

    The maximum penalty for the class B is 30 days in jail with a $1000 fine (plus court costs) and they can suspend any hunting/fishing licenses you do have. There appears to be a lot of leeway to get the criminal sanctions reduced. If you were charged with a misdemeanor I would recommend speaking to an attorney there. If you were charged with the noncriminal violation, you could go to court and try to get the fine waived/reduced/changed by yourself.

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