Legal Question in Criminal Law in Utah

citations

On Sat. May 9th I was given a ticket in Coalville, UT for fishing without a valid license, I didn't have my license with me, but I can prove that I have one. On this citation I was also cited for ''unlawful method of fishing (code 23-20-3). using bait in an artificial only area. The game warden saw a jar of power bait, lying next to my chair and a bag of plastic worms. He did not check my pole to see if I had the power bait on it. I did have the worm. He said just having the other bait was unlawful. since I was fishing 25 miles away from the coalville area earlier I didn't think about having the powerbait and just took it out of my pocket and set it down. How can I appeal this and not have to pay a fine or loose my fishing license? I just turned 21 in February, I have no warrants or other judgements against me other than a speeding ticket 4 years ago, that I attended traffic school for. I don't like to get into trouble. Could you please offer some advice. Thank You!


Asked on 5/10/09, 6:24 pm

1 Answer from Attorneys
Randy B. Birch Attorney at Law

Re: citations

If it is your first ticket, you can often negotiate a deal where after 6 - 12 months they will dismiss the case if you have no other problems (called plea in abeyance). You plead either guilty or no contest, they hold it and if no problems, the charges are dismissed. you would want try and have the fish & game agrees that you won't lose your fishing license.

Obviously, you should seriously consider hiring a lawyer or having the court appoint you one if you qualify.

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Answered on 5/11/09, 12:02 am


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