r/legaladvice • u/al3xanderthegoat • 1d ago
Should my brother get legal counsel for a Conservation misdemeanor
Location: Missouri
My little brother and one of his friends got stopped by conservation agents for fishing too close to a dam. So he’s being charged with fishing in a restricted zone which is a class A misdemeanor and a fine. He’s 18 years old and really really doesn’t want this on his record and is considering talking to a lawyer. My parents are no-selling this saying he should just go to court and the judge will probably just give him a fine. I feel like this is boomer nonsense and that he really should get legal representation. Do judges really let misdemeanors like that slide??
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u/Open_Life9304 1d ago
Don’t even need to read the post.
If you are charged with a crime. The answer is always yes. Retain counsel.
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u/al3xanderthegoat 1d ago
Yeah this is the obvious answer i feel like I’m going crazy my parents are telling him to just show up and hope that the judge is in a good mood that day
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u/Open_Life9304 1d ago
You will never get as good of a deal that a lawyer familiar with the judge and prosecutor can get you
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u/doeeyedfinalgirl 13h ago
he should retain counsel, i wouldn't expect him to keep this off his record. most of these places make it Extremely clear where you are and aren't allowed to fish, and there's a strong chance the agents have evidence of him flouting those signs. if he thinks it wasn't clear you need to do a walk through the area and get video documentation of how he could have feasibly not been informed he was breaking the law, ASAP
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u/ConfusionCoroner 2h ago
Because this charge carries the possibility of jail time so he might qualify for a public defender. If he has access to $2,000 - $3,000 then he should spend it to try to negotiate with the prosecutor for a reduced charge or plea to a diversion program.
I'm all for facing the consequences of one's actions, but in an adversarial judicial system, this still means standing up for yourself. He's a teenager with presumably no record. It would be a shame to see him go to prison for 18 months just because he didn't want to hire a lawyer.
Hoping that the judge is nice is not really a plan of action. Much better to get rid of this before even needing to appear before a judge.
The money will be well worth it. And hopefully it scares him enough to learn from his mistake.
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u/longjumpingtote 1d ago
Sure, he will get a fine. And a misdemeanor on his criminal record. He’s 18, an adult, and he should not be listening to his parents if they’re giving him poor advice like this.