• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Citation for feeding alligators

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Donedeal

Junior Member
What is the name of your state? Florida

I recently moved to Florida from Connecticut and my girlfriend took me out to the everglades to see some alligators. We threw 5 or 6 marshmellows and didn't see anything and then sat in the car talking. A cop pulled up a little later and asked if we were feeding the alligators. Not knowing it was against the law and seeing no posted signs, we said yes. He proceeded to issue a citation to appear in court as feeding american alligators is a 2nd degree misdemeanor in the state of Florida. I have no criminal history, work for the state of Florida Dept of Health, am a licensed Paramedic and a 2nd degree misdemeanor charge on my record will bar me becoming a firefighter or working for the government in the future. How can avoid this? Can I even plea not guilty or nolo contendere? Can I tell the judge who I work for and how I'm a good person, ect. and maybe it will be dismissed? Anyone have any experience with this situation? Thanks!
 


The Occultist

Senior Member
Ignorance of the law does not excuse you from breaking it.

You can plead not guilty if you want, and then you have to prove that you did not feed the alligators. The state has a witness (the officer) that will say you admitted to it, so I advise not going that route.

You can plead no contest if you like, but, ah, it's pretty much the same as pleading guilty.

Now, your questions of whether or not you being a "good person" and whatnot will get you out of trouble isn't really asking legal advice, as there are no legal statutes that state a court must show leniency in the presence of a clean record; it will be completely up to the DA and/or judge, and nobody here is psychic.
 

Ohiogal

Queen Bee
Ignorance of the law does not excuse you from breaking it.

You can plead not guilty if you want, and then you have to prove that you did not feed the alligators. The state has a witness (the officer) that will say you admitted to it, so I advise not going that route.

You can plead no contest if you like, but, ah, it's pretty much the same as pleading guilty.

Now, your questions of whether or not you being a "good person" and whatnot will get you out of trouble isn't really asking legal advice, as there are no legal statutes that state a court must show leniency in the presence of a clean record; it will be completely up to the DA and/or judge, and nobody here is psychic.
The bolded is wrong. The defendant does not have to prove a thing. The burden of proof is on the prosecution to prove that he did feed the alligators.
 

The Occultist

Senior Member
The bolded is wrong. The defendant does not have to prove a thing. The burden of proof is on the prosecution to prove that he did feed the alligators.
This burden is met by the state's expert witness stating that the defendant admitted to doing so, n'est-ce pas? And thus the defendant would need to find a way to refute the officer's testimony?
 

The Occultist

Senior Member
No police report as in the charges haven't been filed? If that's the case, then they still have time to file the charges; be patient.
 

Ohiogal

Queen Bee
This burden is met by the state's expert witness stating that the defendant admitted to doing so, n'est-ce pas? And thus the defendant would need to find a way to refute the officer's testimony?
Well I didn't say that state wouldn't meet the burden. I am just saying that it is not upon the defendant to prove anything. He can of course refute. :) sorry I am literal at times.
 

CavemanLawyer

Senior Member
The statute you were charged under was 372.667 of the NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Code.

This was just out in the wild right? It wasn't any kind of enclosed area correct?

Are you sure that a Level 2 misdemeanor would have that much of an effect on you? Have you actually verified this? I'm just looking at Florida's statutes and it looks like its a fine only offense and not all that much worse than a traffic ticket.

I would absolutely plead not guilty and hire an attorney if you want to fight this. You very well may be able to negotiate a lesser charge, like littering for example. If all the State is asking for is for you to pay a fine, its entirely possible that the prosecutor won't care what charge you end up pleading to as long as you pay the same, or a greater, amount of money.
 

Donedeal

Junior Member
Plead not guilty based on what? I admitted to the cop that I threw marshmellows into the water. As stated, my ignorance of the law does not make me "not guilty". I would be grateful for a littering charge as opposed to a misdemeanor. The Florida statute is 372.667(1).

The effect on my personal life from having a criminal record (2nd degree misdemeanor) stems from the fact that almost no fire department will hire you with a criminal record, regardless of the nature of the crime. Feeding an alligator doesn't even compare to some other 2nd degree misdemeanors like assault, disorderly intoxication, and some drug charges. However, its still a misdemeanor and will follow me for the rest of my life.

Even if I got my record "expundged", there is still something in your file, and I would still have to admit to it if an employer or possible employer ever asked if I have been charged with a misdemeanor. So my only option is to have the case dismissed. I've contacted the state's attorney's office for information about a diversion program or pretrial intervention program, but apparently this cannot be done until you are actually in court. Is that correct? I was told it has to be court ordered. I can't afford a lawyer, I have $30,000 is college loans and can barely make rent/food as it is.

So I guess my main question is.....how do I get this dismissed or kicked down from a misdemeanor to a littering fine? My court date is June 5th.
 

Donedeal

Junior Member
This was just out in the wild right? It wasn't any kind of enclosed area correct?
Correct, off a road to a boat ramp area. The cop claimed it was federal property but was not going to charge us with trespassing because there are no posted signs.
 

CavemanLawyer

Senior Member
Plead not guilty based on what?
You don't have to have any evidence or defense to base your plea of not guilty on. You plea not guilty because you are innocent until the State proves you're guilty. Its never a matter of whether you are guilty or not, it is whether the State can prove it and whether they are willing to bother. If you can't afford an attorney than you can represent yourself or possibly obtain a court appointed attorney. This will be explained to you when you get there. So either yourself or your appointed attorney will just talk to the prosecutor and try to humbly request that he/she reduce the charges or give you deferred probation or otherwise cut you some kind of deal. If it happens than great. If not than how are you any worse off than if you just walked in there and plead guilty?

If they want you to pay a fine of $200 for feeding the alligator than say, no but I'll pay a $500 fine if you reduce to littering. The prosecutor now gets more money for the county and what the hell do they care what charge you plea to? Are they really going to go to trial on feeding an alligator when they can just plead you on another charge that nobody cares about? Maybe maybe not, but you go in there and negotiate to find out. You don't just walk in and plead guilty.
 
Last edited:

garrula lingua

Senior Member
Caveman's advice is excellent.

They will probably be willing to substitute another, lesser, charge.

also, OP, you admitted you threw the marshmellows.
However, it may have been without the intent to feed anything, just disposing of them.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top