Shot a 2 point, going to court, any advice?

[supermatt9]

First of all, I need to say that I'm not trying to "pass the buck" here or find a way to get out of what I did. I fully admit that I made a mistake (several of them) and have no excuses or any of that crap. I am a high school teacher and have no patience for people who can't admit their mistakes and fess up when they've done something wrong. What I really need is some advice or some suggestions about what will happen on the court date.

So here's what happened (i'll try to keep this short). I was hunting with a buddy in a 3 point or better area. We saw about 20 deer and snuck up to about 200 yards on them. We saw one buck in the group that we both would have sworn on a bible that was a 3 point. I shot it and when we walk up to it we realize it was a 2 point. No eye guard, nothing. Just a 2 (mistake #1).

Well I put my tag on it and we start field dressing it. Our plan is to get it out of there and call it in when I get home (mistake #2). There was no cell reception where we were hunting and I honestly had no idea what number to call. I figured I'd look it up when I got home and call it in. Now I know that calling 911 is the proper thing to do, but I honestly never in a million years would've thought to call 911.

So we start dragging it out and 2 guys hike up to us and start chatting with us. I told them what happened and they seemed to understand that it was a mistake.

Well to keep it short, as soon as those guys got into cell phone range, they did the right thing, and called it in. They were long gone by the time we got to my truck. So we loaded up the deer and headed for home. Well we've been driving for a few minutes and my buddy says we should stop and put the deer in the back seat of the truck so that no one else can see it and call it in. I'm not sure why this would matter since I was already very certain that those other guys had called us in. For some stupid reason I listen to him and we move the deer inside the truck (mistake #3).

On the way home we got pulled over by a cop and 5 or so minutes later the game warden shows up. I told him exactly what happened and how I didn't know who to call and that I intended to call it in when I got home. Of course he asked me why the deer was inside the truck and I didn't really have an answer for him. Whether he believed me or not I don't know, but he took the deer (told me that it would be donated to a local gun club who would butcher it and donate it to a shelter) and gave me a ticket.

So my court date is 11/21 (day before thanksgiving) and I'd love to advice from anyone who has been there before.

Please refrain from calling me an idiot or telling me how dumb I am or to be absolutely 110% certain before you shoot. I know all those things. I've already called myself all of those things. Believe me when I say that no one feels worse/dumber about this than me. And not because I got caught, but because I know I made a stupid stupid mistake.

If you've been there before can you tell me what the court appointment will be like? What kind of potential fine am I looking at? Do I just go by myself and tell the judge what happened? I don't need an attorney, do I?

Any help/advice you can give me will be greatly appreciated.

[Bean Counter]

hmmm...

[rtspring]

PM   me!

[SemperFidelis97]

If you have already signed an affadvit than an attorney isn't going to do much for you.   I am curious was the charge unlawful hunting of big game, or something else?  I believe the unlawful hunting of big game charge if convicted carry's a 3500 dollar penalty, and forfiture of your weapon.  If that is the only charge that sticks you will not lose your privleges if they manage to stick you with a couple of charges you may end up losing your rights for two years.

[ORCA_SIX]

Definitely PM RTSPRING. He just went through this whole scenario. However, he was innocent to begin with.

[supermatt9]

If you have already signed an affadvit than an attorney isn't going to do much for you.   I am curious was the charge unlawful hunting of big game, or something else?  I believe the unlawful hunting of big game charge if convicted carry's a 3500 dollar penalty, and forfiture of your weapon.  If that is the only charge that sticks you will not lose your privleges if they manage to stick you with a couple of charges you may end up losing your rights for two years.

Here's what it says under violations: 77.15.410.1B CLOSED SEASON DEER: 2-POINT IN 3-POINT OR BETTER AREA.

Here's a link to that RCW: http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.410.1

Looks like a 2nd degree violation will result in 2 years of suspended hunting privileges.

So I guess my question is does the judge have to uphold that law? Or can he adjust the punishment based on the person?

[SemperFidelis97]

If you are convicted the penalty is non-negotiable by the judge, or the prosecuting attorney mind you real legal advise should come at the hand of a professional.  Also you only lose your rights from my understanding by having multiple violations within a set period of time.  They will try to charge you with all they can come up with knowing that only a couple may stick, if you only signed the ticket go find a reasonable attorney rtspring just went throught this, it seems like he may have had an attorney that had some experience with these sort of things you may consult him.  The Dfw is ruthless I understand you know you messed up, but don't get bent over for more charges than you actually committed.

[RifleRidge]

  

[HornHoarder]

That sucks.

[supermatt9]

The RCW says...


(1) A person is guilty of unlawful hunting of big game in the second degree if the person:

     (a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title; or

     (b) Violates any department rule regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game.

and then says...

(3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

Looks to me like if they want to they can take away my hunting privileges for two years. I wonder what the fine associated with it is??

I guess I was hoping for some leniency from the judge because I honestly felt like I was trying to do the right thing. We could have easily just left the deer there and booked it out of there. But that's not the kind of guy I am. I knew that the right thing to do was harvest the deer and then turn myself in. The mistake was to not call in right away and of course putting the deer in the truck. Man that was stupid.

[RifleRidge]

Know YOUR Target!... Can NOT call back a bullet..

[Greenhorn]

You are guilty of the crime and it is a tough pill to swallow.  I know someone very close who went through the same exact thing and turned themselves into the sherriff.  He wrote a ticket with no game warden involved.  Talked to a lawyer and they said to plead innocent no matter what.  Ask for a jury trial and for the prosecutor to provide the expert.  In the mean time their lawyer wrote up a SOC which the prosecutor agreed to, which stated that the person would not hunt or get into any other legal trouble for a year.  If it was followed properly, then after a year all charges would be dropped.  The judge thought that it was a great SOC and let them go for a year and then everything was dropped.  PM me if you have any questions.  RTSpring just went through a similar thing but he did not actually shoot the deer, so he would be very knowledgable too.

[400out]

Bum deal, all the mistakes won't help your cause, I'm sure 

[mdbuck5x5]

 

[mfswallace]

Definitely PM RTSPRING. He just went through this whole scenario. However, he was innocent to begin with.