oldschoolto
Contributor
Not to knock attorneys.... But, most of what they do is not rocket science....
Jim....
Jim....
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Well, no - rocket science is quite a different education than lawNot to knock attorneys.... But, most of what they do is not rocket science....
Jim....
Not to knock attorneys.... But, most of what they do is not rocket science....
Jim....
True. But to represent yourself you at least need to know the magic words--the vocabulary. I suspect that for an infraction like this, the OP could educate himself on what to say when he gets to court. He might be able to buy an hour of an attorney's time and get some advice on how to handle it himself. When I first saw this thread, I thought to myself that this can't be that serious, and that an attorney would laugh at being asked to represent someone charged with possessing a single egg-bearing lobster, but the more I read the more it sounds like FL does treat these things as some type of criminal offense, not a minor infraction like a traffic ticket.
True. But to represent yourself you at least need to know the magic words--the vocabulary. I suspect that for an infraction like this, the OP could educate himself on what to say when he gets to court. He might be able to buy an hour of an attorney's time and get some advice on how to handle it himself. When I first saw this thread, I thought to myself that this can't be that serious, and that an attorney would laugh at being asked to represent someone charged with possessing a single egg-bearing lobster, but the more I read the more it sounds like FL does treat these things as some type of criminal offense, not a minor infraction like a traffic ticket.
True. But to represent yourself you at least need to know the magic words--the vocabulary. I suspect that for an infraction like this, the OP could educate himself on what to say when he gets to court. He might be able to buy an hour of an attorney's time and get some advice on how to handle it himself. When I first saw this thread, I thought to myself that this can't be that serious, and that an attorney would laugh at being asked to represent someone charged with possessing a single egg-bearing lobster, but the more I read the more it sounds like FL does treat these things as some type of criminal offense, not a minor infraction like a traffic ticket.
This is important:
This is NOT like a speeding ticket. It's a criminal charge. The decision is up to you...if you figure a misdemeaner conviction won't impact you in the future, then just pay.
Assess yourself. If you've accepted a guilty adjudication....what're the chances of you screwing up again in the future? In Florida, sentencing guidelines are additive and with each new conviction the penalty in more severe if there is a prior adjudicated conviction - for just about anything.
If there's any chance that conviction could affect your future, then pay the attorney....which will seem unreasonably costly and is a total bargain at twice the price, and maybe you still pay the fine. By the way, criminal adjudication also can impact the ability to obtain professional licenses, entry into some educational or government programs, be a factor in employment decisions, and impact underwriting decisions for insurance.
In Florida you can plead nolo contendre and request a withold of adjudication, thereby allowing you to come back a year or so later and have your record expunged.
Or, as a first time offender, you can also request pretrial diversion where you complete a program on not breaking the law any more, pay for the costs to the system, and upon completion the charge is dropped and never filed.
I'm not a lawyer. I just spend about 20 hours of my work week at the Prosecutor's office or in a courtroom. Don't just take my advice. Don't try to represent yourself. For heaven's sake don't act based on "legal tricks" from anyone in a thread based on their legal expertise in a different state.
It's your decision. Make an informed one or get expert help.
As for next time, it's easier to flip the bug over and look for eggs while you're in the water than try to convince people you were surprised when FWC checked you.
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