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#1 |
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Junior Member
Last Online:
Jul 26th, 2007 07:19 AM Join Date: Jul 2007
Posts: 1
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Recently I bought some fireworks for the forth of July. I live in a dry area, but there is a stream nearby, so I tried to aim all my fireworks in the streams direction. I don't know exactly how, but somehow a small fire started. I tried to put it out, but it spread so I quickly called the fire department. They soon came and put out the fire. The size of the burned area is roughly 20-25 feet across, with no damage to any property. However, the police informed me the fireworks I had were illegal. I was unaware of this, as the firework stand was only about 20 minutes from my house and the ad for the stand was in my local paper. The officer said he usually lets off people with a warning, and simply confiscates the fireworks in question.
A couple weeks later I got a letter saying that I was being charged with reckless burning 2, and illegal discharge of fireworks. However, the charge of reckless burning states that the party involved knowingly set a fire, and it is classed with malicious mischief. However, the fire was totally accidental and I had immediately informed the authorities. Is this charge valid? Also, do I have any way to plead innocent on the firework charge, as I had no knowledge that it was illegal? I have no previous criminal history Thanks for any help, Cory D. Orcutt |
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#2 |
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Posts: n/a
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You can explain it was a pure accident--it may help to have legal counsel (or at least the public defender) to try to keep this off your record eventually--jail time is not likely --but having that arrest and/or a conviction on your record could make job-hunting etc. more difficult. Often this could be negotiated down to some kind of court supervision or even be dismissed etc. If it eventually appears it cannot be negotiated down, or you need to discuss this in more detail with senior counsel to review options etc., please let us know...
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