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Author Topic: Shot a 2 point, going to court, any advice?  (Read 104099 times)

Offline lokidog

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Re: Shot a 2 point, going to court, any advice?
« Reply #75 on: November 11, 2012, 10:11:35 PM »
If this is your very first criminal offense and if your attorney is worth his or her salt, you will probably be spared any jail time. You are more than likely looking at a fine in the neighborhood of $500-$1,000, loss of hunting rights for a period of time (two years), and probably two years of probation. Again, all this could be more or less depending on the deal that is worked out with the prosecutor. But,remember our criminal justice system is based on a points system, meaning the more criminal offenses you have on your record the more points you have, the stiffer the penalty you will receive.

This violation requires a MANDATORY $2,000 civil fine paid to WDFW upon a guilty conviction, in addition to any criminal fines set by a judge.

Would this be mitigated in any way if he had called immediately before gutting/tagging/moving the deer?  Curious if there is actually any benefit to doing the "right" thing, other than having a clearer conscience.

Offline bigtex

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Re: Shot a 2 point, going to court, any advice?
« Reply #76 on: November 11, 2012, 10:14:49 PM »
If this is your very first criminal offense and if your attorney is worth his or her salt, you will probably be spared any jail time. You are more than likely looking at a fine in the neighborhood of $500-$1,000, loss of hunting rights for a period of time (two years), and probably two years of probation. Again, all this could be more or less depending on the deal that is worked out with the prosecutor. But,remember our criminal justice system is based on a points system, meaning the more criminal offenses you have on your record the more points you have, the stiffer the penalty you will receive.

This violation requires a MANDATORY $2,000 civil fine paid to WDFW upon a guilty conviction, in addition to any criminal fines set by a judge.

Would this be mitigated in any way if he had called immediately before gutting/tagging/moving the deer?  Curious if there is actually any benefit to doing the "right" thing, other than having a clearer conscience.

No. There was talk several years ago abou creating some type of "accident" killing of wildlife charge  in these circumstances when a friend of a legislator got in trouble, it went no where.

As I said, along with the conviction of killing a big game animal out of season (including 2pt in 3pt) requires a MANDATORY criminal wildlife penalty assessment, in this case it would be $2,000.

Now what a judge can do is say, no criminal penalties, just the civil penalty. To show the opposite extreme, the highest criminal penalty is $5,000 plus the $2,000 civil penalty.

Offline firefighter4607

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Re: Shot a 2 point, going to court, any advice?
« Reply #77 on: November 11, 2012, 10:45:16 PM »
This violation requires a MANDATORY $2,000 civil fine paid to WDFW upon a guilty conviction, in addition to any criminal fines set by a judge.

bigtex can they possibly take his rifle and vehicle if he if found guilty? I thought they could take anything used while commiting the crime.

Offline bigtex

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Re: Shot a 2 point, going to court, any advice?
« Reply #78 on: November 11, 2012, 10:46:45 PM »
This violation requires a MANDATORY $2,000 civil fine paid to WDFW upon a guilty conviction, in addition to any criminal fines set by a judge.

bigtex can they possibly take his rifle and vehicle if he if found guilty? I thought they could take anything used while commiting the crime.

A judge could order it be surrendered. But if the officers didnt take it during the contact 99.9% of the time the judge won't say anything about it.

Offline akashasdaddy

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Re: Shot a 2 point, going to court, any advice?
« Reply #79 on: November 11, 2012, 11:23:44 PM »
If this is your very first criminal offense and if your attorney is worth his or her salt, you will probably be spared any jail time. You are more than likely looking at a fine in the neighborhood of $500-$1,000, loss of hunting rights for a period of time (two years), and probably two years of probation. Again, all this could be more or less depending on the deal that is worked out with the prosecutor. But,remember our criminal justice system is based on a points system, meaning the more criminal offenses you have on your record the more points you have, the stiffer the penalty you will receive.

This violation requires a MANDATORY $2,000 civil fine paid to WDFW upon a guilty conviction, in addition to any criminal fines set by a judge.

I wasn't sure of the penalties imposed by WDFW, everything related to the criminal charges should be close but they are estimates that will be handled through negotiations between the defense attorney and prosecutor.
governments are instituted among MEN,deriving their just powers from the consent of the governed,that whenever ANY form of GOVERNMENT becomes DESTRUCTIVE of these ends, it is the RIGHT of the people to alter or to ABOLISH it,and institute a NEW government

Offline jeepguy

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Re: Shot a 2 point, going to court, any advice?
« Reply #80 on: November 12, 2012, 04:12:00 PM »
Trying to justify ur by doing wat u seem eight does not make it okay. Its ur responseability to know ur target u messed up time too pay why would even put it inside ur truck ur whole story is messed up and u have no excuse. When there is antler restrictions u follow them no exceptions. I will not make this mistake ever why cause i make sure sure 100%  of my target before i pull the hammer down ur situation brings no sympathy. Ur a idiot

Offline h20hunter

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Re: Shot a 2 point, going to court, any advice?
« Reply #81 on: November 12, 2012, 04:23:03 PM »
"Ur a idiot"

May want to read up on forum do's and dont's. I'm not sure why that little tag on the end of your post rubbed me the wrong way. I thought you made a good point up until then. Maybe being an interned tough guy calling people names is fun..I don't know. I would use better grammer and not text lingo. You may have wanted to say "you are an idiot" but doing so makes the rest of your statement, which I said I agree with, just get lost in the name calling.

Just saying.

Offline Bob33

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Re: Shot a 2 point, going to court, any advice?
« Reply #82 on: November 12, 2012, 04:31:52 PM »
Jeepguy, someone with your grammar skills might wish to look in the mirror first before calling someone else an idiot.
Nature. It's cheaper than therapy.

Offline wildmanoutdoors

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Re: Shot a 2 point, going to court, any advice?
« Reply #83 on: November 12, 2012, 04:33:25 PM »
I got seasick reading Jeepguys post.

Offline Atroxus

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Re: Re: Shot a 2 point, going to court, any advice?
« Reply #84 on: November 12, 2012, 04:38:49 PM »
Trying to justify ur by doing wat u seem eight does not make it okay. Its ur responseability to know ur target u messed up time too pay why would even put it inside ur truck ur whole story is messed up and u have no excuse. When there is antler restrictions u follow them no exceptions. I will not make this mistake ever why cause i make sure sure 100%  of my target before i pull the hammer down ur situation brings no sympathy. Ur a idiot

First, the OP said he wasn't looking for sympathy. Second, with spelling/grammar that terrible, you shouldn't be calling anyone an idiot. Third, even if you did have impeccable grammar/spelling there is no call for personal insults here. :(

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Offline bigtex

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Re: Shot a 2 point, going to court, any advice?
« Reply #85 on: November 12, 2012, 04:50:50 PM »
If this is your very first criminal offense and if your attorney is worth his or her salt, you will probably be spared any jail time. You are more than likely looking at a fine in the neighborhood of $500-$1,000, loss of hunting rights for a period of time (two years), and probably two years of probation. Again, all this could be more or less depending on the deal that is worked out with the prosecutor. But,remember our criminal justice system is based on a points system, meaning the more criminal offenses you have on your record the more points you have, the stiffer the penalty you will receive.

This violation requires a MANDATORY $2,000 civil fine paid to WDFW upon a guilty conviction, in addition to any criminal fines set by a judge.

I wasn't sure of the penalties imposed by WDFW, everything related to the criminal charges should be close but they are estimates that will be handled through negotiations between the defense attorney and prosecutor.

The civil fine is including in the sentencing by a judge. The fine will be paid to the county court, who then forwards the money into the WDFW account

Offline Huntbear

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Re: Shot a 2 point, going to court, any advice?
« Reply #86 on: November 12, 2012, 04:53:57 PM »
By my honorable conduct as a hunter let me give a good example and teach new hunters principles of honor, so that each new generation can show respect for their god, other hunters and the animals, and enjoy the dignity of the hunt.

Calling an illegal alien an 'undocumented immigrant' is like calling a drug dealer an 'unlicensed pharmacist'.

Offline brackens

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Re: Shot a 2 point, going to court, any advice?
« Reply #87 on: November 12, 2012, 07:14:35 PM »
First off lawyer up.  I was charged with something similar when I did not completely notch the tag on my deer, only poked a hole through the day and month.  What you need to know is that you cannot defer this.  If you defer you plead guilty.  There is no deferment for what is essentially poaching.  As a teacher you cannot have a gross misdemeanor on your record.  This will be a mandatory notification to your district.  It cost me $3500 and I did some community service and took a hunter safety class.  If you want to know the name of my attorney pm me.  You tag says you are from the Tri-Cities.  I grew up there and can give you some names of good lawyers there.  Finally, just focus on the people trying to help you, not the "you should of done this" crowd.  Owning up to what you have done does not mean you should not try to get this handled out of the courts through a plea deal.

Offline jeepguy

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Re: Shot a 2 point, going to court, any advice?
« Reply #88 on: November 13, 2012, 12:01:58 AM »
i hope he knows and learned his lesson ,ban him to archerery only,previous removed and apology

Offline BK Dave

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Re: Shot a 2 point, going to court, any advice?
« Reply #89 on: November 13, 2012, 01:03:39 AM »
I think it's safe to say Supermatt has now got all the advice he'll ever need Ever! or is thoroughly confused!! :dunno:

New topic ? :tup:

 


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