Dear a1427-ga;
Thank you for allowing me to answer your interesting question. As you
have probably already noted from our disclaimer at the bottom of this
page, policy prohibits us from offering legal advice in this forum.
Therefore, what I am about to inform you about is a matter of
published law for public consumption in an effort to answer your
questions, and is not intended to serve as legal advice. With the
formalities of that necessary little speech out of the way, let me
show you this:
>>> Q1: As I understand it, the maximum fine for a class 4 misdemeanor
is $250. Are there any other penalties likely in addition to the fine,
which I would expect to be maxed out since this is a second
offense?<<<
The licensure of domestic dogs is governed by Fairfax County Code
Sections 41-2-1, 41-2-2, and 41-2-3).
MUNICODE
http://www.municode.com/resources/gateway.asp?pid=10051&sid=46
(You can navigate through the statutes using the window on the left)
?Section 41.1-1-3. Penalties? states:
?Violation of any provision of this Chapter constitutes a Class 4
misdemeanor unless otherwise stated.?
Therefore, unless your summons states otherwise, it seems logical that
you can expect to be assessed up to the maximum fine allowable for
your violation, if in fact you are found guilty (or plead guilty). If
your summons does not indicate an enhancement to the fine or some
other companion violation, it is reasonable to assume that you will be
help accountable for the misdemeanor. It is also important to note
that the wording of statute does not specifically indicate that there
is an enhancement for repeat offenses.
In fact, there is even a provision that allows for dismissal of the
charges if you produce a valid license AFTER THE FACT (provided you do
it within the specified time limit):
?Section 41.1-2-13. Dismissal of charge for failure to display a valid
rabies vaccination certificate or current dog license receipt.
Any owner of a dog or cat who is summoned to appear in court for
failure to produce a valid certificate of rabies vaccination or
current dog license receipt upon demand by any animal control officer
or Police Officer, who then presents to the animal control officer or
Police Officer making such demand, or to a magistrate of Fairfax
County, at least 72 hours before the return date of the summons, a
vaccination certificate valid on the date of such demand or a current
Fairfax County Dog License receipt issued to him prior to the time of
such demand; or who appears pursuant to such summons and produces to
the court a vaccination certificate valid on the date of such demand
or a current Fairfax County Dog License receipt issued to him prior to
the time of such demand, shall be deemed to have complied with the
provisions of Section 41.1-2-1 or Section 41.1-2-2, whichever is
applicable.?
Your violation is probably now beyond the 72 hour time limit, but it
would be wise for you to obtain a license and appear in court to show
the authorities that you have complied. This may go a long way toward
having your fine reduced or even still, perhaps, having you case
dismissed. Since you have to get a license anyway, you really have
nothing to lose by trying this strategy.
>>> Q2: Should I get a lawyer for this under the assumption that a
court appearance is required?<<<
This is really not something we can advise you on. If you are looking
for personal opinion, I can offer you mine:
If I were in your position I would not retain a lawyer to defend me in
a county court against a misdemeanor dog license issue. I?d get the
license, show up in court, offer my apologies and show the just that I
have since complied. The authorities essentially want COMPLIANCE on
this matter, not fine revenue. That is precisely why the law includes
a provision for easy dismissal. The 72-hour thing is to keep the
summons from entering onto the court docket and wasting the court?s
time. Once it does so, it?s already scheduled so they make you go to
court. That?s probably why you can?t pay the fine now. Again, if I
were you I?d get the required license and show up with my head bowed.
Ben Franklin is said to have stated that a person who represents
himself in court has a fool for a client. In your case, however, you
are not trying to DEFEND your actions; rather you are merely taking
you lumps. My best guess (as a 20+ year law enforcement officer
myself) is that your lumps will hurt a lot less if you show up with
the license in one hand and an apology in the other. My only other
advice is don?t be late, and don?t make this a bigger habit than it
already is.
On the other hand, if you are uncomfortable appearing in court without
counsel or have reason to believe you may face more severe penalties
than the law prescribes, you probably should, at the very least,
consult an attorney, if not actually retain one.
>>> Q3: Is it possible to get these convictions expunged from my
record under any circumstances?<<<
Yes. It is indeed possible in most cases to have charges originating
from Fairfax County, VA. expunged from your record.
FAIRFAX COUNTY COURTS
http://www.fairfaxcounty.gov/courts/circuit/expungement_info.htm
I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
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