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  1. #1
    Join Date
    Jul 2018
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    1

    Default Penalties and Sentencing Guidelines for 36 CFR 2.34 in a National Park

    My question involves criminal law for federal offense at Great Smokey Mountain NP in Tennessee.

    I was charged with disorderly conduct - Fighting - 36 CFR 2.34 (a) (1) and the citation indicates I must appear before the magistrate.

    I am considering my plea and need to know what fine and incarceration I would be facing before entering a plea. I understand the penalties are specific to a park. I also have heard federal judges have relatively strict sentencing guidelines for offenses.

    Thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Penalties and Sentencing Guidlines for 36 CFR 2.34 in a National Park

    The penalties for the charged offense are set forth in 36 CFR Sec. 1.3, and it appears to me that Great Smokey Mountain National Park falls under subsection (a), "a fine as provided by law, or by imprisonment not exceeding 6 months, or both", a Class B misdemeanor.

  3. #3
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Penalties and Sentencing Guidlines for 36 CFR 2.34 in a National Park

    Whether you have a criminal record and whether there were aggravating facts associated with the offense will affect whether you receive a sentence close to the maximum, or something less. Your attorney can best advise you on what magistrates in that particular jurisdiction typically do with someone with your profile.

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