We are uniquely focused on fish and wildlife infractions in Palm Beach County.
Fish and Wildlife tickets are issued by law enforcement officers of the Florida Fish and Wildlife Conservation Commission (FWC) for law violations involving our state’s natural resources. An FWC ticket is called a “resource citation” and contains a citation number, the alleged violator’s contact information, the charge, and sometimes a narrative supporting the allegation.
How bad is a Fish and Wildlife ticket? If the alleged violation isn’t criminal, a Fish and Wildlife charge can be said to be somewhere between a parking ticket and a speeding ticket in terms of severity. It’s like a parking ticket in the sense that it does not go on a defendant’s driving record, it doesn’t involve the threat of points, and the fine is minimal; but it’s comparable to a speeding ticket in the sense that it shows up in public court records and can be used to enhance future penalties. Thus, those who are lucky enough to avoid a criminal charge for an alleged fish and wildlife violation are still not out of the woods (pun intended).
Most noncriminal resource citations are issued for failure to obtain recreational licenses for fishing, hunting, or trapping. Other common FWC infractions include:
Violations designated as “Level One” are considered noncriminal fish and wildlife infractions. Anything greater than Level One is a criminal charge with the potential for jail time and a criminal record. Level One offenses come with a civil penalty of $50 (or $100 if the person cited has committed the same violation in the past 3 years). For level one offenses that involve a license or permit, violators who plead guilty are also required to pay the cost of the license or permit.
A noncriminal fish and wildlife ticket does not require a court appearance if the defendant pays the ticket. However, it’s important to note that payment of a fish and wildlife ticket constitutes an admission of guilt and conviction. As tempting as it sounds to just pay the ticket and move on, electing court by pleading “not guilty” is generally the best strategy for addressing an FWC ticket because it allows for the possibility of a dismissal or an adjudication withheld (i.e. no conviction).
Those who decide to fight the ticket should consider hiring a fish and wildlife defense attorney. A fish and wildlife lawyer is typically a criminal defense or ticket attorney with particularized experience in litigating fish and wildlife cases. Although fish and wildlife violations are similar to criminal and traffic charges, they involve unique legal and procedural aspects. An experienced FWC defense lawyer has specifically dealt with Chapter 379 of the Florida Statutes – the law on Fish and Wildlife Conservation – and corresponding case law.
An allegation does not equate to guilt. The FWC officer must prove his or her case beyond a reasonable doubt at an infraction trial. Spotting deficiencies in the ticket or inconsistencies in the game warden’s testimony can prevent the government from meeting its burden of proof. Alternatively, negotiations between the accused’s attorney and the officer may lead to a pre-trial resolution that doesn’t involve a conviction or guilty plea.
8461 Lake Worth Road Ste 441, Lake Worth, Florida 33467, United States
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Wed | 09:00 am – 05:00 pm | |
Thu | 09:00 am – 05:00 pm | |
Fri | 09:00 am – 05:00 pm | |
Sat | Closed | |
Sun | Closed |
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