Need some real advice

[FF_T_Warren]

I'll try to make this short as possible.

Back track a year ago...I am wanting to get a baby alligator snapping turtle to put in an aquarium. Google them and there are several for sale at the price range of $50-$75 per piece for a baby turtle(silver dollar size). I quickly lost interest due to cost. A month later I am riding my bike around the neighborhood and see one in the ditch. I catch it. over the next day I catch a couple more. I kept them for a day or so and started thinking what the heck am I really going to do with these little things. Well I said heck I'm sitting on a couple hundred bucks in turtles and posted them to craigslist. No one really wanted them so some guy offers me like $40 for 3 I say how about $50 for all 5. He said deal. So i just got rid of em and went on about my business. A few days later talking to my coworker he says you know thats illegal right. I said no?!? I said well Im glad I didnt get caught but I guess I wont be doing that anymore. Well fast forward almost a year and LDWF shows up on my door step with a ticket for 5 counts of selling reptiles without proper permit and 1 count of not filing proper paperwork for the sales of reptiles. Long story short the guy I sold them to was an undercover agent on a sting operation.

I have tried all attempts to avoid court and all that with no luck. I was told by several agent friends to just go talk to the ASST. DA but they will not even meet with me about it. They are making me appear in court. Then they tell me its like an arraignment where I will put in a plea and go from there. I have never been in court in my life. The most I know about court I saw on My Cousin Vinny LOL. I mean I dont even know what I should plead. Obviously I am guilty but I at least would like to share my side of the story and I;m afraid that if I plea guilty then they will just say okay, bang the hammer, and set the fines. I mean these were 5 turtles the size of a silver dollar that I caught in my ditch with a bait net. Its not like I sold a bunch of 75 year old turtles. But on paper they don't know that.

What would yall do? plead guilty,not guilty? If I plead guilty will I even get a chance to speak and tell my story?

[Goooh]

Head to Mexico!

[Chip Landry]

I can't give any legal advise but good luck. I hope you do get a chance to tell your story and they understand that you aren't a illegal reptile dealer.

[Mako19]

You have the right to be represented by a public defender.
He should be able to recommend the right direction you should go.

Good luck

[FF_T_Warren]

ok thats what I was told as well but wasn't really sure if I got him or not. I thought if I pleaded not guilty then I would get him to represent me in trial. did not realize I would get him even before the plea

[FF_T_Warren]

anyone else have any useful input?

[bull1134]

better off just saying guilty, taking the fine, and be done with it. There is no sense fighting the court, especially since they got ya. all they will want is money

[Duck Butter]

Truth is that you are guilty of what u are being charged with. It's illegal to sell reptiles and u sold reptiles. Don't think u can dispute that so your options are guilty or no contest. Seems like a petty offense and u weren't purposely breaking the law so should be lenient on u that's all I got good luck hopefully an atty will chime in.

[jopete]

yep, ur gonna get a fine. hopefully not supervised probation, which also cost some money.
i doubt you will get jail time.

if it's a felony offense, might as well sell your guns now.

if i were you i'd be bringing some turtle soup to a lawyer and find out exactly what you are up against. might be nothing, might be a whole bunch of stuff you don't want. either way, you need to be prepared for whatever is comming.

i know a guy who had a owl hit hit truck, and they dang near ruined his life over it.


i wish you the best of luck.

[eman]

I would plead guilty and pay my fines and hope that it ends there.
The sale or distribution of turtles with a carapace length of less than 4 inches has been banned in the US since 1975 (Title 21 CFR 1240.62). This is federal law.

[keakar]

I would contact the judge and tell him how you just didn't know what you did was wrong and you would like to avoid the trouble and expense of going to trial but cannot get in contact with the DA to work this out and then see if he can get the DA or the prosecutor to talk to you. even if it gets no result you at least have shown the judge you aren't a criminal and it can help him go easier on you if it does have to go to trial.

I never heard of then refusing to accept a guilty plea to avoid trial before, most likely some low level flunky somewhere was who isn't responding to you. try calling the DA himself directly or go visit with him.

you certainly dont want to roll the dice and just plead guilty blindly because if they choose to make you an example they might throw the book at you

[Creole Fisherman]

Actually, I would plead "no contest". Pleading guilty means you admit the charges, you have no defense for your actions, and the court can go ahead and levy punishment against you. Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment. The judge will hold a conversation with you to ensure you understands the plea and the possible punishment. This gives the defendant an opportunity to explain the circumstances and why you are pleading no contest instead of guilty or not guilty. Through this conversation, the judge gains a better perspective on the situation.

[FF_T_Warren]

That sounds like the thing I need then. Guess I'll talk to the public defender also and get his perspective. I mean the gw said its Livingston parish and the fines aren't that bad. And it's not a felony or anything, just a misdemeanor. But still could be some hefty fines in there

[youmyboyblue]

I would recommend an attorney for advice, not a fishing forum.

[biggun]

GO seat in the DA office.. Ask to see the DA... Or the Asst DA... DA doesn't have time to persecute misdemeanors. One of the Asst DA's will.

No Contest may be best.. But I would not Plead before speaking to a lawyer..... Just my Humble opinion.

[rustyb]

Originally Posted by biggun

GO seat in the DA office.. Ask to see the DA... Or the Asst DA... DA doesn't have time to persecute misdemeanors. One of the Asst DA's will.

No Contest may be best.. But I would not Plead before speaking to a lawyer..... Just my Humble opinion.

X2

[keakar]

Originally Posted by FF_T_Warren

That sounds like the thing I need then. Guess I'll talk to the public defender also and get his perspective. I mean the gw said its Livingston parish and the fines aren't that bad. And it's not a felony or anything, just a misdemeanor. But still could be some hefty fines in there

one thing about public defender is you have to be too poor to afford a lawyer to qualify, you don't just automatically get one even if you have money to get your own lawyer.

that's why I suggest working things out with the DA so you don't have to pay a lawyer on top of the fines and court costs, its not like there is any doubt on this, you sold them to undercover so case closed and you are just negotiating the penalty at this point because it doesnt matter if you knew it was illegal or not.

[The shop in Broussard]

You posted an ad on Craigslist to sell turtles. Guilty.


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[Nautic Star]

Some offenses mandate that you appear in court. On the summons or ticket it should dictate where you need to appear. If its a federal offense you need to get in touch with an Asst. U.S. Attorney that will be trying your case.

[FF_T_Warren]

Originally Posted by The shop in Broussard

You posted an ad on Craigslist to sell turtles. Guilty.


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thanks captain obvious. Im not trying to say Im not guilty