01-12-2020, 03:19 PM
Hey Curt,
The way it works is if you plead "guilty" then the judge WILL hear what you have to say after you say "guilty", but if you plead "not guilty", by law he cannot hear anymore of it until the trial date. If you plan to plead guilty just to put it behind you then it would serve you well to still plan on a good explanation backed up with whatever you have for evidence and it just might get you a greatly reduced fine. If you plead "not guilty" then you won't be allowed to explain anything right then and there and a trial date will be set. This will be your chance to fight it with evidence, not at your first court date (arraignment). Judges are not allowed to let you explain BEFORE declaring your plea, so remember that.
A judge will almost always allow you to explain the circumstances (although he is not required to) before pronouncing judgment if he is treated respectably.
I got a ticket at Montpelier reservoir years ago for being over limit because I caught three trout at Montpelier reservoir (limit is six) and then stopped at the pond below the lake and started fishing. The pond below has a limit of two and I had no idea. I thought it was just the generic six trout limit (my responsibility, I know). The CO watched me catch my fish on the reservoir and then admitted to me that he waited to see if I would fish on the pond below with the trout that I had in possession. I parked next to his truck and even talked with him for about thirty seconds while I grabbed my pole and flies and he STILL didn't mention to me or warn me that I couldn't fish with the three I had in possession. As soon as I took the first cast he stopped me dead in my tracks and wrote me a ticket.
In court I plead guilty because I was clearly guilty (but ignorant of the regulation difference), but then the judge gave me a chance to explain before he passed judgment. After explaining things he agreed with me that the CO should have told me first that I couldn't fish with the fish I already had in possession and he gave me a token fine for some small amount that I don't remember anymore and sent me on my way. Fair enough!
Bottom line.....be prepared to plead your case to some extent still if you decide to plead guilty. It just might help you get a small fine instead of the big one.
Mike
[signature]
The way it works is if you plead "guilty" then the judge WILL hear what you have to say after you say "guilty", but if you plead "not guilty", by law he cannot hear anymore of it until the trial date. If you plan to plead guilty just to put it behind you then it would serve you well to still plan on a good explanation backed up with whatever you have for evidence and it just might get you a greatly reduced fine. If you plead "not guilty" then you won't be allowed to explain anything right then and there and a trial date will be set. This will be your chance to fight it with evidence, not at your first court date (arraignment). Judges are not allowed to let you explain BEFORE declaring your plea, so remember that.
A judge will almost always allow you to explain the circumstances (although he is not required to) before pronouncing judgment if he is treated respectably.
I got a ticket at Montpelier reservoir years ago for being over limit because I caught three trout at Montpelier reservoir (limit is six) and then stopped at the pond below the lake and started fishing. The pond below has a limit of two and I had no idea. I thought it was just the generic six trout limit (my responsibility, I know). The CO watched me catch my fish on the reservoir and then admitted to me that he waited to see if I would fish on the pond below with the trout that I had in possession. I parked next to his truck and even talked with him for about thirty seconds while I grabbed my pole and flies and he STILL didn't mention to me or warn me that I couldn't fish with the three I had in possession. As soon as I took the first cast he stopped me dead in my tracks and wrote me a ticket.
In court I plead guilty because I was clearly guilty (but ignorant of the regulation difference), but then the judge gave me a chance to explain before he passed judgment. After explaining things he agreed with me that the CO should have told me first that I couldn't fish with the fish I already had in possession and he gave me a token fine for some small amount that I don't remember anymore and sent me on my way. Fair enough!
Bottom line.....be prepared to plead your case to some extent still if you decide to plead guilty. It just might help you get a small fine instead of the big one.
Mike
[signature]