A few weeks ago I had a campfire and was certain I put it out. But guess it was smoldering underground and after I left, it started up again and became a major forest fire.
At first I was told I would receive a citation, then a few days later I was told I was being charged, with failure to put out a campfire.
I've been waiting for the court date, and had planned on pleading guilty and taking whatever consequences they saw fit. I had to repeat my story to many different people, and the investigators agree and have publicly stated they realize I took precautionary steps, and that it was an accident.
But two days ago an officer delivered my summons, it said they were charging me with 'reckless burning,' which carries a stiffer penalty and possible jail time.
I don't want the court stuff to drag on, do you know anything about pleading 'no contest?' How can I learn more?
I really want to represent myself rather than have a lawyer.
Thanks
2006-08-18 08:37:00 · 10 answers · asked by Joy_Brigade 3 in Politics & Government ➔ Law Enforcement & Police
Even if you want to represent yourself, it might be helpful to consult with a lawyer.
2006-08-18 08:42:51 · answer #1 · answered by clarity 7 · 1⤊ 0⤋
This is the PERFECT case for some basic advice. You need an attorney.
The attorney can advise you on what you can (and cannot) due, and the potential implications.
The attorney might well be able to negotiate the charge, or negotiate the penalty. He might even be able to get the case changed to a deferred prosecution (community service, etc., and then charges dropped).
There may well be sentencing guidelines that the Judge would have to follow, so it is important to have someone there fighting for you.
Lawyers are not only for BAD people, they actually can help the GOOD people who make mistakes. You have many facts that can help you, not to avoid taking the consequences of your action, but to ensure that you are not railroaded.
Good luck. But get professional help here. Lawyers can be a good thing.
2006-08-19 07:34:46 · answer #2 · answered by robert_dod 6 · 0⤊ 0⤋
When you plead "no contest" - which you have a right to do - you are not contesting the facts or merits of the case. You said you are not facing a more serious charge and I guess that could mean possible jail time. I would recommend against representing yourself. Get an attorney He or she will be able to help you best with this situation. You will have a chance to present your testimony - but you don't know the law and all the ramifications. Good luck.
2006-08-18 08:57:05 · answer #3 · answered by Coach D. 4 · 1⤊ 0⤋
They always try to give people the highest possible charge. Obviously it was not reckless burning, you could plead innocent, if you're willing to go through a trial, which people don't generally win... juries kind of have a "why would he be on trial if he wasn't guilty?" mentality... but obviously the charge is wrong. they may be trying to get you to bargain... to plead guilty to the lesser crime, failure to put out the fire, which it seems is what happened (putting out a fire is often more work than people imagine... were you ever in boy/girl scouts?)
of course, this is all stuff you should be discussing with a lawyer. I am not a lawyer.
2006-08-18 08:58:08 · answer #4 · answered by Aleksandr 4 · 1⤊ 0⤋
Get a law book and look at the section number they are charging you with. The law will have what constitutes reckless burning. They are charging you with the most serious crime they can prove. If you go and talk with the D.A. s office, you will get a glimpse into whether they want to deal with you or not. Depending on your financial situation, you may qualify for a court appointed attorney.
2006-08-18 10:30:30 · answer #5 · answered by Secret Squirrel 4 · 1⤊ 0⤋
If it was on federal grounds it can carry a more stiffer penalty. I would get advice from a lawyer and take it from there.
2006-08-18 08:59:29 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I believe everyone should watch this video on the true meaning behind words in court. Learn to defend yourself... http://video.google.com/videoplay?d...
2006-08-20 07:21:40 · answer #7 · answered by Sugi 2 · 0⤊ 0⤋
Dude, get a lawyer! That's my best advice...If not, the law will play you cause you'll have no one defending your side and your rights.
Best wishes
2006-08-18 16:51:14 · answer #8 · answered by Sara Lee 23 2 · 1⤊ 0⤋
You do realize that No Contest is the same as Guilty only with a but.......
So what you are really saying is, I'm guilty Your Honor, but please listen to my lame story as to why I shouldn't be.
2006-08-18 09:03:22 · answer #9 · answered by Zelda 6 · 2⤊ 0⤋
It is always your right to plead no contest.
2006-08-18 08:45:28 · answer #10 · answered by HULK RULES!! 7 · 2⤊ 0⤋