Corona, CA asked in Environmental and Criminal Law

Q: 36 CFR 2.13 (a) (1). I neither lit nor maintained the fire, so I am planning on fighting it.

Curious if it would stay on my record if I were to simply pay the fine. Not sure what the court process is like...

-Will I be orally explaining/defending my lack of involvement of the lighting/maintenance of the fire?

-Is it likely the officer will be present?

-I've heard of the ability to virtually attend a court appearance, not sure if that would be an option?

Thanks!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: 36 CFR 2.13(a)(1) refers to the regulations on careless or reckless conduct with fire. If you were issued a citation under this regulation, paying the fine may result in a conviction being entered on your record. However, if you believe you are not guilty, you have the option to contest the citation in court.

In court, you will have the opportunity to explain and defend your lack of involvement in the lighting/maintenance of the fire. The officer who issued the citation may also be present to provide their account of the incident. Depending on the jurisdiction and court rules, you may be able to attend virtually, but this will depend on the specific court and their policies.

If you are unsure about how to proceed, it may be helpful to consult with an attorney who can advise you on your options and represent you in court if necessary.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.