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It is important to work with an attorney who has experience representing commercial fishermen. It is a requirement that your lawyer understands relevant laws and regulations in order to properly defend your case.
You will also want to be sure that your attorney has experience with the proper jurisdiction and proceedings, as wildlife violations are often prosecuted as criminal matters or civil proceedings in the Superior Court. Your local district attorney will often elect to file a civil case, such as unfair business practice, against you in court.
You also want to be sure that your lawyer has experience handling proceedings before the Fish and Game Commission. Familiarity with the court and working relationships with judicial officers can go a long way toward the success of your case. You need a legal representative who can handle your case in any jurisdiction.
I represent clients in California Fish and Wildlife violation cases across Northern California and in jurisdictions as far down the coast as San Diego, Los Angeles, and Santa Barbara. Recently, local district attorneys have filed unfair business practice proceedings for violations that previously would have been criminal court proceedings. The reason for this is that the courts are able to extract fines from commercial fishermen in excess of $2,500 per violation.
It has become standard practice in many Bay Area counties for prosecutors to file civil unfair business practice proceedings against commercial fishers. The Department of Fish and Wildlife can file separate administrative accusations against you in an effort to revoke or restrict your commercial fishing license and permits. I work significantly in this area, representing clients both in the Bay Area and Southern California.
When you meet with an attorney, you should be sure to ask questions that will help you determine your prospective attorney’s familiarity with laws related to your fishery. You will also want to ask questions about your lawyer’s experience in working with the court and prosecutors in the relevant jurisdiction.
You want to work with an attorney who will not just try to reach a settlement but is prepared to take your case to trial or a hearing if necessary. It is important that your lawyer meets these qualifications, as there are many complexities involved in the various civil, criminal and administrative proceedings which may arise as a result of a violation of the codes and regulations relevant to your fishery.
Often client’s will express concern that former attorneys did not communicate or provide updates about the status of their case. With this in mind, I make a concerted effort to ensure you have a clear understanding of the frequences communications. I routinely update client’s as to status their case and respond to communications. I encourage clients communicate with me and keep an open channel in case you have any questions or misunderstandings. This way, everyone is on the same page, and you know what to expect.
Much like how a commercial fisherman should keep updated on laws relevant to their livelihood, I also make an effort to remain current with any changes by reading the Fish and Game Digest. I also receive notifications on changes in specific fisheries and directly refer to the Department of Fish and Wildlife website. It is important for me to stay up to date with any changes in the law so that I can be ready to advise my clients.
It is crucial to the success of your case that you hire an attorney with experience representing those charged with fish and wildlife violations. Many violations are very specific to individual fisheries, so the violations faced by a commercial crab fisherman in Northern California may not apply to a lobster fisherman in Southern California. For this reason, it’s important to work with an attorney who has knowledge about the specifics of your fishery and a working relationship with the prosecuting attorneys in your county.
With these elements in place, you can be confident that your attorney will be able to effectively represent you in your case. Whether you are seeking a settlement or preparing for a hearing, it’s important to take the proper steps to protect your livelihood.
If you are seeking more advice on Hiring An Attorney For Fish And Wildlife Violations, an initial consultation with the Law Office Of E. Michael Linscheid could be your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.
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