negligent fire prc4435 california

Last late September 2005 my workers and I were picking up paper rolled

raisins and putting them in bins. Its common practice amonst the

farmers to burn the trays around the perimeter of the vineyard and

avenues. We started work at 6:00 a.m. and I showed the workers best

places to burn the paper. We made seveal rounds and picked up 2000 or

more bundles of raisins. At 12:00p.m.lunch another driver releived me

and I quickly went for a burger 2 miles away. I came back down the

country road by our vineyard and my neighbors open weedy field and

there were no fires and the trays that we were burning extinguished.

That was about 1:00 p.m.and my workers were 1/4 mile away on the other

side on the vineyard quitting. They left tired and I started stacking

bins with a forklift. At 3:00 p.m. off in the distance I could see my

neighbors field on fire and california department of fire there at the

burning field. They let it all burn and monitored it. The fire captain

said it was prima facie and had to issue me a citation. prc 4435

negligently operating a device which kindles a fire. I had permits to

burn and authorization to burn that day. I have a complaint from the

D.A. to appear in court feb 8th coming up. The field had pulled out

vines from 2001 and weeds grew up to 4 feet in the next few years. The

captain said I should have turn the neighbor in for a fire hazzard. Its

the first fire I've had since I started in 1988 and my dad never had

one in the forty years before that. I checked superior court bail

schedule and the local city state bail is $500. Should I just go in

front the judge and pleed guilty and pay it? Can I speak to a provided

defense attourney? Or ask the judge to reduce the bail? I'm wondering I

might have a bill too from CDF. Captain said something on the lines of

$600 or so. I understand a lawyer can do a dispo. Drop the citation if

i don't do it again for 6 months. Can I do one on my own? Any

information or advice I would appreciate very much. Thanks D.M.

You need an attorney.
You may be liable for an unknown amount, dependent on what value your neighbor argues his field was worth pre-fire.

If you plead guilty or no contest, you are essentially admitting liability for the fire & the criminal court can set restitution (rough justice in setting an amount). The Fire Dept. can ask for compensation for their costs & the field-owner may also.

If you intend to plead guilty, at least find out, first, how much in restitution Fire and the owner want.

You need a criminal attorney who can also handle possible restitution/civil issue.
You may qualify for the PD; they have experience in fighting both the criminal and restitution liability issues.

Negligent Fire

Actually the neighbor would have been happy it burnt. Since he couldn't get in there to plow the field, because of dead vine stumps. Its entirely possible he started the fire. I'll go to the DA office monday and find out who's trying to capitalize on this. I'll pay CDF if need be. Thks D.M.

"Its entirely possible he started the fire."

What evidence do you have to support that position?

negligent fire

If I had any evidence the neighbor started the fire, I would surely obtain a lawyer. Fire was the best way to clear the field so tractors could work on the property.