Arrested in Catalina -- What to Expect

If you found this blog, you're probably one of the hundreds of tourists every year who "have too much fun" while visiting Catalina Island.  Hopefully, I can answer some of your questions and give you a better idea of what to expect.

The most commonly-charged offenses on the island include drunk in public, DUI, domestic violence, possession of drugs, assault / battery and fishing violations.

Alcohol-Related Violations

Alcohol-related offenses are treated especially harshly in Avalon.  Local police and prosecutors have really made a concerted effort to maintain their "family friendly" reputation, and they've decided that this includes bringing down the hammer on alcohol offenders.

In most California courts, an arrest for being "drunk in public" means a night in jail and a stern warning.  In Catalina, though, you're looking at probation, CalTrans labor or some other community service, fines, mandatory alcohol counseling or AA meetings, and whatever onerous terms they can think to impose.

And remember, golf carts are considered "vehicles" under California law.  If you drink alcohol or consume drugs before operating an electric cart, you can be arrested for DUI.  These types of cases are common on the island.

Fishing Violations

Fishing laws are also a minefield for visitors.  Catalina Island is surrounded by a checkerboard of "marine life protected areas".  These sanctuaries are not marked and wardens do not issue warnings.  If you drift across the imaginary line into one of the protected areas, agents from the Dept of Fish & Wildlife will issue citations.  They will board your boat and search your cooler for contraband species and undersized fish.  You will be criminally prosecuted for every ticky tacky offense that they uncover, regardless of whether or not you knew that you were breaking the rules.
Possession of unidentifiable fish fillets are a big violation that snares a lot well-meaning anglers.  If you clean your fish at sea, remember to leave a 1" square of skin attached so that wardens can identify the species.

Possession of abalone can also be a major headache for divers around Catalina.  The minimum fine for possession of a single abalone is $10,000.  Once all the mandatory fees and court costs are included, the minimum fine jumps to over $60,000 for a first offense.  That's the MINIMUM.  Luckily, we have some tricks for negotiating these cases down to less than the minimum in most cases.

Logistics

The tiny courthouse on Catalina Island is open every other Friday, weather permitting.  Most of the week, the building is dark and empty.  They do not store any files on site.  If you appear in court on a date when they were not expecting you, they will not be able to help you.

To schedule a court appearance, you (or your attorney) must appear at the courthouse in Long Beach and coordinate with the clerks and prosecutors there to add your case onto the Catalina calendar for a date that is convenient for all parties.  Failure to follow all the appropriate steps will result in a wasted trip.

To make matters even more frustrating, cases on Catalina are often delayed or filed sometime after the date listed on your citation.  When that happens, you might spend the time and money to travel all the way back to Catalina, only to find out that your case has been rescheduled for next month.  Your case will not simply be dismissed.

If you've been cited or arrested while visiting Catalina Island, a private attorney (such as myself) can attend your court hearings without you being personally present in most cases.  There's no sense in traveling all the way back to the island for a series of routine appearances.  Let me save you the time, expense and hassle by appearing for you.  I can receive copies of police reports, negotiate with the DA and work to secure the best outcome possible for your case.

If you or a loved one was cited or arrested on Catalina Island, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Catalina Island Lawyer

Lobster Season = DFG Enforcement Season

California's recreational spiny lobster season officially began on October 1 this year.

Traditionally, the majority of legal lobsters are caught during the first few weeks of the season. The water is still warm enough to free dive for bugs, the days are still long and the weather is still pleasant enough to draw anglers.

This is the time of year when I start getting calls from divers and fishermen who've run afoul of California's complicated fishing laws. If you're going to hit the water in search of those delicious bugs this season, keep a few rules in mind. By learning and practicing these basic commandments, you might save yourself from a costly citation, a day in court, and a criminal record. A violation of any fishing regulation may be treated as a misdemeanor. The maximum penalty for most of these violations includes 6 months in jail, high fines, probation, loss of fishing privileges and and forfeiture of your gear. Prosecutors take these cases seriously. You should, too.

• Carry a valid California sport fishing license with salt water endorsement AND a spiny lobster report card.  These documents must be in your immediate possession while you are fishing or taking lobster.  If you are diving from a boat, you may leave the licenses on the boat.  If you are diving from shore, you must leave the licenses within 500 yard from your point of entry.

• Fill out your lobster report card BEFORE you begin fishing.  If you are approached by wardens from the California Dept of Fish & Wildlife (formerly, Fish & Game), they will inspect your report card.  If the date and location has not already been filled in, you will be cited.

• Use an approved lobster gauge and measure carefully.  A legal lobster must measure at least 3.25" from the eye socket to the rear of the carapace, along a line parallel to the center of the body shell. A proper lobster gauge should be made of a rigid material, like metal or hard plastic, and not a soft tape measure. A soft tape measure will follow the curvature of the lobster's shell and may cause undersized lobsters to falsely appear legal. Don't fudge it. Fish & Wildlife wardens will not be fooled, they will not give you "the benefit of the doubt", they will not issue warnings, and they will not do you any favors. When in doubt, throw it out.

Here's a photo that demonstrates the proper technique for measuring a spiny lobster.  This bug is clearly undersized:

Photo credit: cdfwnews.wordpress.com

• Lobsters may be taken by hand or by hoop net only.  No traps allowed except with a commercial license.  If you snag one while bottom fishing, you must toss it back.

• Lobsters must be whole / "in measurable condition" when they are brought ashore. If you remove the tails at sea, Fish & Wildlife wardens on the docks cannot verify that the bugs are the legal length. You will be cited if you come ashore with a cooler full of lobster tails, or if wardens board your boat at sea and discover immeasurable lobsters.

• Check an up-to-date map to ensure that you're not fishing in a protected area. The ocean off Southern California is home to 50 different "Marine Protected Areas", including "Marine Reserves", "Marine Conservation Areas" and "Special Closures".  Each of these areas is governed by specific rules and regulations regarding what (if anything) may be taken or pursued within its designated boundaries. The areas are not marked by signs, so anglers are responsible for studying their maps.

If you or a loved one is cited for any fishing violation in Southern California, call the office with the experience and knowledge to ensure that you get the best result possible.  Free consultations. (714) 449-3335. 

Thanks for reading.

Catalina Attorney 

Catalina Island Court: A Nightmare in Paradise

I was back in court on Catalina Island this past Friday, May 13.

If I've learned anything from my experiences in Catalina court, it's to expect the unexpected. It doesn't take much to gum up the works at the Catalina courthouse. Delays and complications are part of the routine.

The Catalina Courthouse, nestled in the beachside community of Avalon, is only open on alternating Fridays. The judge, prosecutor, clerk and court reporter commute by helicopter from San Pedro when the court is in session. The slightest inclement weather, however, often means that the helicopters can't fly. When that happens, cases may be postponed until the court's next available date. And since the courthouse is only open every other Friday, the next available court date might be weeks or even months away.

I usually take the Catalina Express ferry to and from the island, but it's not much more reliable than the helicopter. I've been stranded on the island for days because boats couldn't cross the channel due to high winds, rough seas, or debris in the Long Beach Harbor.

Even when the weather cooperates, the human element is an unpredictable variable. I've had cases continued (routinely) because the DA or the court staff forgot to bring a file or some important paperwork from the mainland. It's all part of the experience when you go to court in Avalon.

This week, the culprit was fog. The helicopter was grounded due to poor visibility, so the court staff was stranded in San Pedro. The courtroom in Catalina was full of attorneys and defendants with cases on calendar, but nothing happens in court until the judge shows up. So we waited. And waited. And waited a little longer for the marine layer to burn off.

The court staff appeared around 11:45. The good news is that we were able to hear our cases without unnecessary continuances. The bad news is that everybody in court missed the boat that was supposed to take us back to the mainland at 12:15.

The next boat on the day's schedule left at 3:30, so we had a few hours to kill. I made myself comfortable at the Marlin Club. There are worse places to be stranded for a day.

There are plenty of great activities to enjoy on Catalina Island, but going to court is not one of them. If you're arrested or cited on Catalina, hire a local attorney to make your court appearances so you don't have to. I can save you the time, hassle and expense of experiencing this adventure for yourself. I appear in Catalina regularly, and I even make appearances for other attorneys who are unavailable to make the trip.

If you have questions about appearing in court at the Catalina courthouse, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  Thanks for reading.

Catalina Island Lawyer

The Usual Headaches Complicate Court Appearances in Catalina

I just got back from another trip to court in Catalina.  It looks like the same old headaches are still causing complications for individuals who are cited on or around the island.

The old story goes like this:

If you are cited for some illegal fishing activity (fishing without a license, in a protected zone, in possession of the more than the daily bag limit, etc.), Fish & Wildlife wardens will give you a citation that orders you to appear in court on Catalina Island "on or before" a particular date.

If you actually make the trip back to Catalina as you were ordered to do (and as you signed a written promise to do), there's a good chance that you will receive some bad news upon arrival: the court has not yet processed your citation.  You are not on calendar and nobody at the courthouse has any information about your case.  You will be told to go home and to wait for a new "Notice to Appear" to arrive by mail.  If that new notice never arrives, it is still your responsibility to maintain contact with the court and to continue checking in regularly until your matter finally appears on the calendar.  Then, of course, you can make another trip to begin the process of fighting your case.

If you miss a court date (because the new "Notice to Appear" was mailed to an old address, or to the wrong address, or because it was never mailed at all), a warrant will be issued for your arrest. You will become a "fugitive", and then your life will really get miserable.

Once your case appears on the court's calendar, then you can appear and start the process of trying to fight it.  You might decide to cut your losses and simply plead "guilty" or "no contest" at the first appearance to save yourself from making any more costly trips to and from Catalina.  If you decide not to jump on a bad offer, though, be prepared to make several more appearances. That's when "complication #2" rears its head.

If your case requires several trips back and forth to Catalina Island, you should expect the DA to "forget" your case file at least once.  When this happens, the matter will simply be continued to the court's next available date.  That means another wasted trip. Often, I get the impression that prosecutors intentionally drag their feet to make the whole process as complicated and expensive as possible for individuals to defend themselves.  I understand why many defendants are eventually pressured into accepting bad deals because they simply cannot afford to make any more day-long trips to court. The DA understands this, too, and they will use basic economics to gain whatever strategic advantage they can.

Catalina Island is a great place to spend a day, but not in court.  If you or a loved one has been cited and given a court date on Catalina Island, save yourself the expense and the hassle of making unnecessary trips.  Have a quality, local attorney handle it for you.

I appear in Catalina more frequently than any other private attorney in California.  I can make your appearances, gather evidence and negotiate with the court and the DA on your behalf to ensure that your case receives the most favorable outcome possible.  Common matters on the island involve fishing violations, but we also deal with a lot of alcohol-related offenses (drunk in public, assault, battery, domestic violence and DUI -- yes, DUI on golf carts).

Call us for a free consultation.  (714) 449-3335.  Ask for John.  Thanks for reading.

Catalina Lawyer

DUI in a Golf Cart? And Other Surprises from Catalina Island

The Catalina Island Courthouse, Avalon, CA

Section 23152 of the California Vehicle Code makes it a misdemeanor to operate any motor vehicle while the you are "under the influence" of alcohol or drugs. Many of my clients are surprised to learn that golf carts are considered "motor vehicles" under California law. Yes, you can be arrested for DUI on a golf cart.

This situation arises frequently on Catalina Island. The island allows very few gas-powered vehicles, so most locals and tourists navigate around the town of Avalon in electric carts. Avalon is a resort town, nestled beside pristine beaches. It attracts tourists from around the world, who come to admire its natural beauty, do some fishing, rent a golf cart, and drink like it's a contest. Unfortunately, many of these visitors end up calling my office after they get arrested for DUI.

If you are convicted of DUI on Catalina, get ready for surprise #2. The city of Avalon (and the rest of Catalina Island) are part of Los Angeles County. For the past few years, LA County has been participating in a pilot program that requires all first-time DUI offenders to install Ignition Interlock Devices in their vehicles before they can reinstate their drivers' licenses. An Ignition Interlock Device, or "IID", is a little breathalyzer that a driver must blow into before his or her car will start. This rule applies regardless of where the defendant lives (even if you live outside of LA, but your DUI occurred anywhere within the county of Los Angeles). If you're convicted of a golf cart DUI on Catalina Island, your driver's license will be subject to the IID restriction.

If you are arrested for DUI on a golf cart in Catalina, call us for a free attorney consultation. In most cases, we can make your court appearances for you so that you don't need to make an expensive trip back to the island. Our goal is always to protect your rights, save you money, and make the whole process as stress-free as possible for you. 

Cited for illegal fishing on Catalina? Catalina Island and its surrounding waters are home to several "marine protected areas", including state and federal "marine reserves", "conservation areas" and "special closures". If you received a ticket from local wardens of the California Dept. of Fish & Wildlife, you probably also got some bad legal advice. You might have been told that you could simply appear at the Long Beach Courthouse at your convenience to address the matter. In most cases, this is false. If the Los Angeles District Attorney files misdemeanor charges against you for fishing in a protected area, you (or your attorney) must appear before a judge in Catalina.  

And you may not simply appear "at your convenience". The citation you received probably says that you must appear in court "on or before" a particular date. The Catalina courthouse, however, is only open on alternating Fridays. If you show up when court is not in session, you will find a dark building with a locked door.  

Fishing citations in Catalina are almost never processed by the date printed on your citation. If you invest the time and money to appear in court as instructed, there's still a significant chance that your case will not be listed on the day's calendar. Another wasted trip.  

As Catalina Island's leading private attorney, I can make your appearances so you don't have to deal with the hassle. Of course, there are worse places to spend a day, but making the trip to Catalina is an expensive hassle that you don't need.  

If you or a loved one has been cited or arrested on Catalina Island, call us to speak with a local attorney. Consultations are always free.  (714) 449 3335. Ask for John. 

Thanks for reading.  

Catalina Island Lawyer

Fishing Regulations in California: How Not to Get Bagged

As its name implies, the California Department of Fish & Wildlife (formerly the "Department of Fish & Game") has the responsibility of governing fishing and hunting with the state.  The DFW has the authority to author its own rules and regulations to that end. Those regulations (written, enforced and interpreted by the DFW) carry the full weight of the law. Any violation of the DFW's self-imposed rules can carry hefty penalties, including jail time, fines, loss of hunting / fishing privileges in the future and even forfeiture of property used in the commission of the alleged offense. Laws on the subject are incredibly complicated and, unfortunately, ignorance of those laws is generally not a defense.

So the DFW, an un-elected, executive agency, can make up laws, enforce those laws, and decide for itself how those laws are to be interpreted? Basically, yes. The District Attorney and the courts play a role, but the bulk of hunting and fishing regulations in the State of California are issued by an agency that is virtually insulated from popular pressure. The legislature also contributes to the mish-mash of gaming regulations in the state, resulting in more laws than any one man could possibly wrap his mind around.

If you or a loved one is accused of unlawful hunting or fishing in California, call an attorney with experience in defending against local hunting and fishing violations. Luckily, you've already made the right first step. I'm not only a criminal defense attorney, I'm also an avid fisherman here in Southern California. When I'm not in the courtroom, you can find me ripping lips in Newport Beach, trapping lobster with hoop nets in Mission Bay, or getting my line wet wherever the opportunity presents itself. I've even been hassled by cops for fishing in the water hazards on golf courses.

If you're going to enjoy some of the outdoor sporting activities that the Golden State has to offer, you'd better get familiar with some local regulations before your next fishing trip. I want to share a few tips to help prevent other fishermen from accidentally (or negligently, or intentionally) running afoul of California's complicated Fish & Wildlife Regulations.

The California coastline is divided into 7 "regions". Each region has its own set of regulations to govern the types of fish that can be caught, permissible methods for catching various species (nets, hook & line, traps, spears, bare hands, etc.) closed seasons, minimum sizes, bag limits and other restrictions. This post will focus on rules and regulations within the "South Coast Region", stretching from Point Concepcion to the Mexican border. This region includes the southern portion of Santa Barbara County and all of Ventura County, Los Angeles County, Orange County and San Diego County. The South Coast Region is home of the warmest water in the state, as well as the largest population of fishermen. The warm water and heavy angling pressure has contributed to a unique set of challenges, both for the fisherman and the fish in Southern California. Accordingly, the DFW has imposed specific rules to account for the specific circumstances in the waters between Santa Barbara and Mexico. For example, it is currently unlawful to catch Dungeness Crab in Southern California, but perfectly lawful to do so in Northern, CA. Dungeness Crab season will reopen in the South Coast Region on November 2 of this year. It is also illegal to take Abalone from the South Coast Region year-round.

The South Coast Region is also home to several "Marine Protected Areas", or "MPAs". Each MPA has its own strict rules. It is the angler's responsibility to understand the location and regulations of each protected area.  Here is a link to more information regarding Marine Protected Areas within California. Fishermen love to argue about the wisdom and efficacy of the MLPA. Many commercial anglers and sport fishermen feel that the MPAs were imposed arbitrarily or without due consideration for the local economies that depend on fishing certain waters during certain times of the year. Conservationists, on the other hand, welcome the state action to prevent the decimation of our precious fisheries. Wherever you come down on the MPLA, it's important to pay close attention to the locations and regulations affecting each protected area along the California coastline. Ignore them at your own peril.

Once you've determined your region and checked for MPAs, there are even more rules to govern the various methods by which you will be fishing (from shore, from a boat or diving?) Targeting or taking certain species of fish from boats is prohibited during certain times of year within certain regions. Those same fish may be targeted or taken year-round if you're fishing from the shore or diving.  For example, here in the South Coast Region, it is unlawful to target or take any species of Rockfish, Cabezon or Greenlings from a boat between the dates of 1/1 - 2/28. Shore-based fisherman and divers may target those species year-round. Anglers may take Leopard Sharks from boats within designated bays year-round (including within Newport Bay, Los Alamitos Bay, Mission Bay and San Diego Bay). Anglers may also take Leopard Sharks from shore year-round, but Leopard Shark season is only open to anglers aboard boats outside of the above-designated bays between 3/1 - 12/31.

See how quickly these regulations get complicated? I haven't even gotten into bag limits, size limits and maximum allowable depths for various species. To make things even more confusing, the DFG likes to issue "In-Season Fishing & Regulation Changes", just to keep everyone on their toes. These rule changes can go into effect with as little as 10 days of advance notice to the public.

Species identification is another area that may cause confusion among novice anglers.  Here's a link to a handy illustration that can be used to distinguish among some types of fish that are commonly found near shore in California. Notice how similar many of the rockfish species appear. The bocaccio and chilipepper varieties look nearly identical. The bocaccio, however, has a statewide bag limit of 2 per angler, while the chilipepper rockfish has a bag limit of 10 in the South Coast Region. It's easy to see how an innocent mistake could transform a novice angler into a misdemeanor defendant.

Accidentally violating a DFW regulation can be expensive. Fines for minor violations start at around $500 (including all mandatory state penalty assessments and court fees). The District Attorney may pursue misdemeanor charges over seemingly innocent mistakes (You didn't know that it's illegal to possess a halibut fillet that's less than 19 inches long? You've never filleted a halibut before and you really botched this one? Too bad. That's a misdemeanor conviction on your record). In some cases, prosecutors may even pursue forfeiture actions against violators. They can take your boat, your expensive gear, even the truck that you used to pull the boat if they believe that those items were "instrumentalities" used in the commission of some poaching offenses.

The intricacies of California fishing laws are obviously too complicated to fully explain in one blog post. The short version of the story is this: pay close attention to the local rules and regulations wherever you're fishing. If you're trying out a new stretch of coastline, always check the MPA maps first. You don't want to accidentally wander into a protected area.

If you are accused of poaching or violating any fishing regulations, call an attorney with extensive knowledge of the rules and regulations that govern fishing in Southern California. We offer free fish stories with every consultation. (714) 449-3335. Ask for John.

Keep your lines tight.

Orange County Fishing Lawyer