How To Successfully Negotiate Your Penalties With the Department Of Fish And Wildlife

In this article, you can discover…

• How to begin negotiations with the Department of Fish and Wildlife.
• The factors that can result in penalty reductions.
• How an experienced attorney can help you obtain an optimal outcome.

Can I Negotiate My Penalties Prior To My Hearing In California?

It is possible that the Department of Fish and Wildlife will negotiate punishments or penalties in lieu of proceeding with the hearing. The truth is that hearings are expensive, and the Fish and Game Commission will appoint an Administrative Law Judge and work with attorneys who can end up pouring hundreds of hours into their cases. These hearings can also last a number of days, and in some circumstances, weeks, so the hearing is not a light undertaking.

In certain cases, the Department may consider converting a proposed revocation to a suspension or reducing suspensions as an alternative to going forward with a hearing. While this is not always the case, it might be in the best interest of the Department to allocate the time and resources required for a hearing to something else.

What Is The Process Of Initiating Negotiations With The Department Of Fish And Wildlife?

I will always consult with my client to decide whether or not we think that opposing a settlement would be in the best interest. I have built a good relationship with the attorneys who prosecute the Fish and Game Commission, so I will personally reach out if the situation calls for it. After I have opened a dialogue, we will aim to negotiate a settlement with minimal impact on my client’s livelihood.

Attorney Michael Linscheid is a seasoned lawyer based in San Francisco, CA who has helped countless clients just like you navigate the intricacies of fish and wildlife law. With more than 15 years of experience, he is prepared to assist you in negotiating your penalties so that you can get back to business as usual.

Still have questions? Ready to get started? Contact The Law Offices of E. Michael Linscheid today to schedule an initial consultation.

What Determines The Likelihood Of A Successful Penalty Reduction?

The Department of Fish and Wildlife may be more open to entertaining a settlement under particular conditions. For instance, if there are limited violations that occurred far in the past and the violations did not include intentional conduct, the department could be more likely to accept a settlement seeking less than their initial request.

While intent generally does not impact the results of your hearing, intentional violations such as poaching and knowingly fishing in restricted areas can negatively affect your goal of a settlement. Limited, unintentional violations have a far better likelihood of reaching a settlement.

Are There Any Violations In California With Non-Negotiable Penalties?

There isn’t any specific penalty that will eliminate any possibility of negotiations, but severity can certainly play a role in your chances. More severe violations involving intentional disregard for regulations can either severely limit or entirely negate your ability to negotiate a settlement.

How Will An Attorney Help Me Negotiate My Penalties?

It is crucial to work with an attorney who has experience with representing clients before the Fish and Game Commission. As an attorney, I have a thorough knowledge of all related laws and can identify strengths and weaknesses in a case. When you work with me, my primary objective is to limit any impact or punishments on your ability to provide for yourself and your family.

How Can You Help Me Maintain My Livelihood While Remaining Compliant With Fish And Game Regulations?

As many commercial fishers are very interested in their own specific commercial fishery, it is in your best interest to protect this investment in your livelihood. A majority of violations alleged by the government have little to no impact on the fishery, as they mostly pertain to paperwork violations. As the attorney, it is my job to convey to the Department of Fish and Wildlife that you have learned from your previous conduct and are making an effort to rehabilitate.

Still Have Questions? Ready To Get Started?

If you need a legal professional to help you Negotiate Penalties With The Department Of Fish And Wildlife, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.