Fish & Game: Possession of a restricted species

[techbox]

What is the name of your state (only U.S. law)? California

I have a court to show up for CCR T14 671a Possession of a restricted species

Can I get some advices or questions I will need to answer to the judge?
I am so clueless about this crayfish species that got me in trouble. my only option is to ask for redue fine?

Thank you.
M.

 

[CdwJava]

Is this the court trial or your arraignment? if this is your first offense, then it is the arraignment. You will be asked to enter a plea and then asked about counsel (an attorney). If charged as a misdemeanor, you could be eligible for assigned counsel.

Oh, and it is section 671(a) and NOT section 761(a).

 

[techbox]

yes, its my first offense
is counsel needed? because I did not get one.
On the ticket, misdemeanor is checked.
"eligible for assigned counsel" would this be a counsel from court?

I am thinking to just plead no contest and ask to lower the fine if there is one.

The officer caught me with the crayfish few street away from my house. I volunteer invited the officers into my car garage to surrender all the crayfish. Since I am not suppose to keep them I though it might be a good idea. And the officers keep the crayfish as evidence.
One officer go inside my house without my knowledge looking around and question my wife. Did they break any law?

 

[Zigner]

One officer go inside my house without my knowledge looking around and question my wife. Did they break any law?

Nope .

 

[CdwJava]

yes, its my first offense
is counsel needed? because I did not get one.
On the ticket, misdemeanor is checked.
"eligible for assigned counsel" would this be a counsel from court?

Yes. When you go into court, you will be asked for a plea and whether you have legal representation. if you do not have an attorney, the court should tell you how to go about seeking state appointed counsel.

I am thinking to just plead no contest and ask to lower the fine if there is one.

They are not likely to just lower the fine because you ask. Most these fines are pretty much pre-set. If you have already received notice of the fine and how to plead out, then expect to pay the fine on that courtesy notice.

One officer go inside my house without my knowledge looking around and question my wife. Did they break any law?

If he obtained any evidence and a court ruled that he lacked any probable cause to make entry, then any evidence seized could be tossed. However, as it appears that he just spoke to your wife, there appears to be no issue.

 

[Dillon]

What is the name of your state (only U.S. law)? California

I have a court to show up for CCR T14 671a Possession of a restricted species

Can I get some advices or questions I will need to answer to the judge?
I am so clueless about this crayfish species that got me in trouble. my only option is to ask for redue fine?

Thank you.
M.

if me, I simply say to the court, I do not understand the Nature and Cause of the alleged accusation with regard to the elements of personal and subject matter jurisdiction, venue, underwriting and nature of the action until the prosecution properly alleges and certifies them under oath on the Record.

I am therefore unable to enter a plea to the alleged charges, until I have had an opportunity to raise a meaningful defense against these elements. I cannot rebut an unstated presumption. I do not want an Attorney and I do not waive any Rights.

-----------------

one would think the plaintiff/Gov. lacks standing for NO corpus delicti, (a damaged party) ?

 

[FlyingRon]

If you do not enter a plea, a plea of not guilty will be entered for you.
You might as well do that. If you are indigent and can not afford counsel, you can make the request for one to be appointed at that time.

If your wife let him in, then all is fine.
Even if he illegally searched your house, it only opens up suppression of stuff found in that search, it doesn't get you off the charge you already provided him the evidence for.

 

[techbox]

thank you for all your help.

I was charged with Penal Code 415 Disturbing the Peace instead.
Without a lawyer I was talking dumb in the court, the judge had to stop my case because I tried to plead to a higher charge (CCR T14 671a). I didn't understand what a PC 415 were, all I hear is a $100 that I am happy to accept. I think they were suprised I am in a crimial court and the prosecutor said this is the lowest fine he can offer.

So I please no contest to PC 415, paid $100 fine and request bail ($5000) to be refund.
I was told PC 415 will not leave any records. It's just a fine, not like traffic where you might have points.

 

[I_Got_Banned]

if me....

Well, all of us, and especially the judge and prosecutor for this case, are fortunate that it wasn't you!!!

 

[Dillon]

thank you for all your help.

I was charged with Penal Code 415 Disturbing the Peace instead.
Without a lawyer I was talking dumb in the court, the judge had to stop my case because I tried to plead to a higher charge (CCR T14 671a). I didn't understand what a PC 415 were, all I hear is a $100 that I am happy to accept. I think they were suprised I am in a crimial court and the prosecutor said this is the lowest fine he can offer.

So I please no contest to PC 415, paid $100 fine and request bail ($5000) to be refund.
I was told PC 415 will not leave any records. It's just a fine, not like traffic where you might have points.

Many local ordinances prohibiting disturbance of the peace are problematic degree of vagueness, occasionally to the point that courts deem them unconstitutional (in United States law) or violative of due process (in both United States and Commonwealth jurisdictions).

if one does not know their rights, they dont have any, Go Figure.

 

[musicman654321]

thank you for all your help.

I was charged with Penal Code 415 Disturbing the Peace instead.
Without a lawyer I was talking dumb in the court, the judge had to stop my case because I tried to plead to a higher charge (CCR T14 671a). I didn't understand what a PC 415 were, all I hear is a $100 that I am happy to accept. I think they were suprised I am in a crimial court and the prosecutor said this is the lowest fine he can offer.

So I please no contest to PC 415, paid $100 fine and request bail ($5000) to be refund.
I was told PC 415 will not leave any records. It's just a fine, not like traffic where you might have points.

These species laws are not to be messed with ... you got an unusually lenient deal .. some crazy enviro-nut judge could have tossed in in the clink for a few months.

No more crayfish for you I assume? Good luck in the future, you have luck this week.