possible FAA action... flight or fight?

Unfortunately I'm not an AOPA member though of course right now I'm
wishing I was.

I've purposely kept the description of my situation vague for the
reasons several of you have mentioned. I appreciate all the response
and help.

I was most interested in real-world experiences ("this happened to me
once...") so I could get a flavor of what to expect with the FAA.

So far I believe they're open to plea bargaining though I'm still
trying to decide what my position needs to be when I go in to the
"informal" interview with their attorney.

I'm contacting an attorney though my purpose in bringing up this
subject with all of you was to get a broader perspective.

Thanks again for the advice and concern.

Frank

wrote:
So far I believe they're open to plea bargaining though I'm still
trying to decide what my position needs to be when I go in to the
"informal" interview with their attorney.

I'm contacting an attorney though my purpose in bringing up this
subject with all of you was to get a broader perspective.


I don't have experience with FAA, but many years with other fed civil
enforcement. If similar, they don't have to "bargain" with you,
unrepresented, if they don't wish to. An attorney experienced with FAA,
however, can assess any weaknesses in their case and bargain along those
lines. He/she also can judge whether their proposed sanction is harsher
than typical for the violation and argue that. To the contrary, as you
suggest, if they will bargain with you alone to satisfactory result,
then you save on attorney fees.

Fred F.

TaxSrv wrote:
wrote:
So far I believe they're open to plea bargaining though I'm still
trying to decide what my position needs to be when I go in to the
"informal" interview with their attorney.

I'm contacting an attorney though my purpose in bringing up this
subject with all of you was to get a broader perspective.


I don't have experience with FAA, but many years with other fed civil
enforcement. If similar, they don't have to "bargain" with you,
unrepresented, if they don't wish to. An attorney experienced with FAA,
however, can assess any weaknesses in their case and bargain along those
lines.

Keep in mind that under administrative rules, they don't have to
bargain with anybody, lawyer or no, if they do not wish to.

If they can cut a deal with you up front, it's less time and paperwork
for them, and depending on the incident, inspector, FSDO, and phase of
the moon, having a lawyer there may compel them to cut a deal, or throw
the book at you. I wouldn't go in without at least consulting a lawyer,
but sometimes you catch more flies with honey. If the lawyer is not a
local, it might be helpful to consult one of the more experienced local
CFIs or a pro pilot you know who may know the people you'll be dealing
with.

-cwk.

wrote:
...
having a lawyer there may compel them to cut a deal, or throw
the book at you.

The orig poster is already at the level where he's talking to an FAA
attorney, so FAA is not going to react negatively to the appearance of
an attorney. I suspect that they'd prefer to talk to an attorney at
this level, rather than arguing with a violator who's not doing it
correctly or relevantly.

Fred F.

I was most interested in real-world experiences ("this happened to me
once...") so I could get a flavor of what to expect with the FAA.

Unfortunately, given my experience it's too late to do anything but get
an attorney and hope for the best. Once they've gone as far as setting
the penalty, it's pretty much too late to do anything else. They're
not going to back off now, and your chances of prevailing in
administrative court are low.

Remember, you are considered an interested party. Despite all the
experience we have with FAA inspectors out to get people, the inspector
is considered impartial. Therefore, if it's your word against his,
you're not going to win.

Michael