Fishing Violations Reduced from Misdemeanors to Civil Citations

Facts:
My client, a Spanish-speaker, was charged with three misdemeanors for possessing six undersized sea trout. As detailed below, we were able to have the charges reduced to civil citations, avoiding criminal record.

My client faced three misdemeanors that could have resulted in a criminal record, including potential jail time and significant fines. These charges were initially classified as second-degree misdemeanors under Florida’s fishing laws, which carry penalties of up to 60 days in jail and a $500 fine for each case.

My client, who is from Cuba, had no previous criminal history, and was worried about how this could affect him. My client also had many questions about the legal process.

The Case:
My client went fishing with friends who caught numerous legal fish, but my client was unfamiliar with the exact rules and regulations regarding sea trout and kept several fish that were out of season/undersized. When FWC approached my client at the boat ramp, my client, who speaks limited English, admitted to possessing the fish, to avoid getting his friends in trouble. The arresting officer did not speak Spanish, which complicated the initial interaction and may have led to misunderstandings during the citation process.

When I reviewed the case, I presented context to the prosecutor, and negotiated for an outcome which avoided a criminal record for my client. As part of the negotiation, it was agreed that my client could make a donation to an environmental charity instead of facing the criminal penalties. This creative solution allowed for a positive outcome for everyone.

The Result:
The charges were successfully reduced from misdemeanors to civil citations, allowing the client to avoid a criminal record entirely. This resolution not only prevented potential jail time but also minimized financial penalties and avoided the burden of a criminal history.