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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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Can the sheriffs department give a citation while you are on

Resolved Question:

Can the sheriffs department write one a citation while you are on Federal/Forest Service property. Shouldn't they call the Forest Service police to give the citation? My e-mail is:XXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Generally speaking, there's "concurrent" jurisdiction in much of the Federal forest areas, such that the state can also issue citations, etc... in addition to the Federal Forest Service police.

ScottyMacEsq :

If this was issued on the roads in such Forest Service property, you can bet that the jurisdiction would be concurrent (again, meaning that both Federal and state authorities can issue citations).

ScottyMacEsq :

Only if you can show that the Forest Service has exclusive jurisdiction to issue this could you then "beat the rap".

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I was not on a road and was not in my Vehical. It was parked and in my Motor home

Customer:

I was in my Motor Home at the time the police showed. Citation is Leaving the seen of an accident and Dui

ScottyMacEsq :

Was the accident scene also in the Forest Service property?

Customer:

Please reply before I rate you!

ScottyMacEsq :

I'm here.

ScottyMacEsq :

Did you see my follow up question?

Customer:

Yes,

ScottyMacEsq :

But was that on the roads of the property?

ScottyMacEsq :

What matters is the "scene of the crime", not where you're found later.

Customer:

Yes on a road that goes threw forest service property.

ScottyMacEsq :

Then they would still have jurisdiction. Again, it doesn't matter where you're found, but where the incident happened. If that incident happened on the roads, they could follow you or trace you to a place that they would not otherwise have jurisdiction, and give you a citation. If something happened in a parking lot or campsite, for instance, they probably wouldn't have jurisdiction there. But if it happened on road, then they still would.

ScottyMacEsq :

In the same way, imagine if they were pulling you over for speeding. They could still give you a ticket, even if you pull into a parking lot. The lot is not where the speeding occurred, but the roads where they initially started to pull you over.

ScottyMacEsq :

What matters is where the incident took place, and if they had jurisdiction there, they could absolutely write you a citation, even if you're found elsewhere.

Customer:

Ok thanks

ScottyMacEsq :

Again, I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 12221
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 2 other Criminal Law Specialists are ready to help you

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