Receiving a citation from a Louisiana Wildlife and Fisheries enforcement agent can be a disturbing experience. There is the nervousness that normally results from an encounter with authority. Many people are too upset to understand the instructions, which the agent delivers with the ticket. Also present may be the disappointment one feels when he is caught doing something he thought was legal, or at least that he thought he would get away with.

And so, many people later call DWF offices with questions about what to do to "take care" of the citations they or their loved ones received. While the phrase "take care of" may be widely understood as "fixing" a ticket, in this context, it means what to do or where to go to meet the terms and conditions required by the law.

Probably the most common citations issued are called Class One tickets. These cover a multitude of relatively minor offenses, from boating safety gear violations to recreational license charges. The Class One system was initiated about ten years ago, when many of these lesser charges were decriminalized. In this way, the burden on the criminal court system was reduced.

Class One citations may be handled in either of two ways. There are instructions on the back of Class One citations for payment by mail. For a first offense, the fine is fifty dollars. You sign the back of the citation, and mail it to the Louisiana Department of Wildlife and Fisheries in Baton Rouge, with a money order for the amount owed. We recommend that you write the citation number on the money order, staple the money order to the citation, and keep copies of anything you send.

If you wish to contest a Class One citation, you must appear at the place and time designated on the front of the citation. Hearings are held in each region three times a year for such matters. If you do not mail in payment, and you do not appear for the hearing, your case will usually be defaulted. You will be assessed an additional twenty- five dollars, and your ability to obtain licenses and boat registrations may be revoked until you pay your fine. Each additional violation of the same law results in a higher fine.

For more serious matters, agents issue criminal citations. These cover a plethora of offenses, and generally require that you deal with the parish or district criminal court system. While most wildlife and fisheries violations are misdemeanors, meaning they are not susceptible to prison at hard labor, as are felonies, there are serious consequences possible for misdemeanors, including jail.

Some parishes allow agents to issue court dates, while for others "To Be Notified" is written in the space at the bottom of the ticket where the court date would be. The court system will then notify you of your first court date, generally known as the arraignment date. If you move before receiving your notification, you should contact the court with your new address.

Some people give false information to enforcement officers. It is a criminal violation to misrepresent yourself during booking and this usually results in an arrest.

In criminal cases, some parishes allow fines to be paid in advance, while others require a court appearance. You should contact the parish Sheriff’s office or the local Wildlife and Fisheries Enforcement office if you wish to pay the fine in advance of the court appearance, or if you have any questions. Please keep in mind that the Department of Wildlife and Fisheries cannot tell a judge, district attorney or sheriff how to run their office, so we do not have control over such issues as court dates, early fine payment, mail in fine payment, etc.

If you do not pay the fine in advance, you are required to appear for the arraignment. At the arraignment, you may plead guilty or not guilty. If you plead guilty, the judge will usually sentence you at that time. You can ask for time to pay if you cannot pay the fine at that time, but it is up to the judge to decide if he will give you time to pay. This is called an executory sentence, and requires payment by a certain date.

If you do not appear in court as directed or pay your fines by the designated date, the judge will usually issue a bench warrant for your arrest. Any law enforcement officer may then arrest you for failing to appear. It matters little where you are or what you are doing; you can be brought to jail in handcuffs if you fail to appear.

If you plead not guilty, the court will set a trial date. You may obtain legal assistance, or request the court to provide a lawyer if you cannot afford one. When the trial date arrives, the agents and any witnesses should be present to testify. You should bring any evidence or witnesses, which you would like to present.

A conviction in a criminal case would generally result in a higher fine than a Class One case. Court costs, which average around one hundred dollars but vary from parish to parish, are also usually assessed. It is also possible that jail time will be a part of the sentence. In most criminal cases, any illegal fish or game is forfeited, and it is possible that any equipment seized, such as guns, nets, traps, vehicles, boats, etc., may be forfeited.

Some criminal violations are filed in federal court. These usually require a court appearance, and are handled in a similar manner as other criminal citations.

Examples of federal charges are violations of migratory game bird (ducks, geese, doves, etc.) laws, taking federally protected birds, fish or animals, and violations involving federally controlled fish. Federal violations may result in serious fines and jail time, and often include revocation of hunting rights for up to five years. In fact, the penalty for each count is a fine of up to five thousand dollars, and jail of not more than six months.

Judges have broad discretion in the penalties they assess for criminal violations. For most violations, there is a minimum and maximum fine. Judges may also assess jail time up to certain limits, and order various forms or probation, license and privilege revocation, gear forfeiture, and community time. They are under no obligation to make the penalty easy or convenient for you, but they will generally consider evidence you present in mitigation of the penalty.

In addition to any Class One or criminal penalties, Louisiana has additional penalties called civil restitution. This set of laws requires you to pay for any fish or game you took or possessed illegally. There is a table of values set for various fish, birds and animals. For instance, a white tailed deer is assessed at five hundred and twenty four dollars and fifty-four cents. Threatened or endangered species may be assessed at a much higher value. The restitution for a black bear is ten thousand dollars. A twelve-inch speckled trout, which you caught without a license is worth six dollars and fifty-seven cents. A twenty-seven inch red fish is valued at one hundred and forty eight dollars and sixty cents.

If you are given a restitution citation, you may either pay it or appear at a hearing to contest it. These hearings are usually held on the same date as Class One hearings. As always, you should arrive with witnesses or evidence if you are contesting a case.

In some cases, for example gross over the limits of fish or commercial fishing violations involving large catches of valuable species, the restitution may actually exceed the criminal penalty, and thus constitutes a strong deterrent to committing wildlife and fisheries crimes.

The last type of citation issued by enforcement agents is the warning citation. These are issued when very minor violations occur. For instance, if you fail to have your license in possession, but the agent is able to verify through the dispatch center that you do have a license, a warning will likely be issued. If you commit the same violation again, you will not receive another warning, but will be issued the appropriate citation.

The criminal justice system can be very intimidating. It has its own language, customs and protocol. While DWF personnel can provide some information, they cannot offer legal advice. It is wise to obtain professional legal advice for any serious violation. Of course, the best way to avoid the headaches associated with citations is to obey the law at all times.