Got a ticket for Lobstering

[oldschoolto]

Not to knock attorneys.... But, most of what they do is not rocket science....

Jim....

 

[Tigerman]

Not to knock attorneys.... But, most of what they do is not rocket science....

Jim....

Well, no - rocket science is quite a different education than law

 

[Lorenzoid]

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.

 

[Splash-X]

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.

It doesn't matter what state you're in, if the penalties for poaching any species aren't tough or enforced people just ignore the rules. When we lived in Michigan the Department of Natural Resources (DNR) were similar to the FWC. If they caught you fishing without a license they could impound your car at the scene, haul you off to jail, etc. They make these serious offenses so that people will take them serious!

 

[oldschoolto]

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.

You are right about knowing what to say and what to ask for... MOST people don't understand what are the steps to take and are to " emotionally " involved to negotiate with the DA... The first thing is to forget Right and Wrong.... Think give and take.... They don't have the time to play around with all the cases they have....

One of my favorite tricks if the DA is a a$$ is to move a case from District court to Superior court and ask for a jury trial and make a motion for a quick and speed trial.. Then the Judge looks at the DA and asks why we are wasting the courts time with this... Go out in the hall and negotiate....

Jim....

 

[iluvtheocean]

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.

it is a criminal offense, unlike a traffic violation -- don't forget the penalty is a fine and a possible up to 6 months in jail per offense look back in here for the thread where these 2 guys were busted for over 400 lobster out of season entirely --

I'm sorry that it happened to one of our own -- but i hope we all have learned to be very careful about checking the lobsters for size & eggs -- always carry a light on you to help if needed.

 

[iamrushman]

great reading and a lesson in reality........keep us informed .....

 

[bilsant]

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.

"I'm shocked, SHOCKED, to find gambling is going on in this establishment!"

---------- Post added July 25th, 2013 at 04:20 PM ----------

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.

"I'm shocked, SHOCKED, to find gambling is going on in this establishment!"

BTW, interestingly enough my buddy and I were shooting photos last night at the Datura Ave portal for the Bugfest photo contest (9 octos and a bunch of other cool stuff were out and about). We were checked by FWC around 8pm. If it was the same fellow - a bit older, shaved head, stocky build, did you notice the rank on his shoulders? Suffice to say this case wouldn't be his first rodeo, and I wouldn't personally want to try to challenge his testimony in a Broward courtroom.

 

[Tom Winters]

There's some good advice here. Get a lawyer. You effed up, now fix it right.

In the old days, when they had Old Sparky in operation up at Starke, I would have added, "Don't sit down...", but that's just a stupid and frivolous aside these days with lethal injection.


Oh, by the way, don't lie down...

 

[oldschoolto]

You need to go and find a attorney ..... A very good expensive one.... Pay hundreds and hundreds of dollars.... So he will go and speak with the DA and get you the same deal that you'd get if you have half a brain....

You were stopped with two lobsters.... One had a few eggs on it's tail.... You were very polite to the officer and returned the lobster to the sea.. This is a first offence, RIGHT ? Filed for court cost.....

Jim....

Sometimes I wonder why I get involved ....