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

[rtspring]

Lawyer no matter what!

[Mudman]

Lawyer no matter what!

  Listen to those with experience.

[akashasdaddy]

First of all let me say I am sorry for your temporary lapse in judgment,but ignorance of the law is not an excuse. I learned this the hard way myself.

Not sure if this has been said already but, a gross misdemeanor comes with the potential of up to a $5,000 fine and/or a year in jail. Not sure of the repercussions as far as hunting and/or firearm rights. From the RCW's that have been posted it looks like you could possibly lose your hunting rights for the two years.

This offense does not fall under the mandatory minimums law (with the exception of the hunting rights); so the judge could decide to be more or less lenient when it comes to sentencing.

Since it is a criminal charge, your first appearance in court will be an arraignment; this is where you enter a plea, you wont be sentenced. Personally, I suggest you plead not guilty and talk to a lawyer. The lawyer can work with the prosecutor to work out a plea deal. This is your best bet since you will have to make more than one appearance in court anyway. Going to a jury trial would be a huge mistake, you have far too much evidence against you and two law enforcement officers who will testify against you. Good intentions mean nothing in a court of law and your three mistakes will weigh heavily against you with a jury.   

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.

For what its worth, I hope this helps and good luck.

[hunterrcc]

What brand & power binos and spotting scope do you own and what did you use to look at the deer to see the 3 points?

[mdbuck5x5]

I will say this, for all the mistakes you made you did do one thing right and hopefully it helps your case. Gutting him and cleaning him out was good because you were able to salvage the meat. Not doing that and getting charged with want and waste would've been the worst thing you could have done after you shot him!     

[Blacktail99]

HAPPENED TO ME ALSO I JUST PAID THE TICKET AN NEVER HEARD ANYTHING MORE ABOUT IT DIDN'T LOSE HUNTING RIGHT OR GUN ALSO HUNTED THE FOLOWING YEAR KILLING A BIGGER BUCK GOD IS GOOD TO THOSE WHO TELL THE TRUTH AN DO RIGHT BY HIM.

[Bofire]

  I think "fessing up" good for you, I would Lawyer up. You f**ked up, owned up, good on ya. that dont mean the Judge will agree. Get legal help!!!!!!!!!!
Carl

[KFhunter]

I had to laugh at your plight - only because I believe your story and intent to call it in once you got home, otherwise I'd just say you were a *censored*.  It is a hard one to chew though with that deer in the backseat  


I don't think the judge will see the humor, let us know how it turns out. 

[jeepguy]

Wow, you claim to swear it was a three point ,it was a two point .You see you better make sure its legal.Here is some advice upgrade ur optics ,take ur time there is no rush if they move just wait they will be around unless u run them out.You know when a two point turns his head u get the crossover which the antlers could seem like a three point but its a two .Why , why would u even pull the trigger without knowing forsure.you claim tobe a teacher ,i claim u as a learner.you probley wont have todo prison time but the second time does carry prison time.

[RifleRidge]

What brand & power binos and spotting scope do you own and what did you use to look at the deer to see the 3 points?

I thought I gave good advise in the beginning, I suggested investing in a good / new pair of optics for sure.. I agree with your question..hunterrcc..

[Kc_Kracker]

i have never came across this so how does this work when it happens to a hunter? I would assume that trying to smuggle the animal out would make things alot worse for the shooter 

personally i have thought about what i would do, i decided early on I would leave the animal and call wdfw and tell them i effed up and face whatever comes my way

[supermatt9]

i have never came across this so how does this work when it happens to a hunter? I would assume that trying to smuggle the animal out would make things alot worse for the shooter 

personally i have thought about what i would do, i decided early on I would leave the animal and call wdfw and tell them i effed up and face whatever comes my way

Do you know what number to call though? That was my problem. I had no idea that I should have just called 911.

Make sure you tag it and field dress it first as well.

[Bob33]

What brand & power binos and spotting scope do you own and what did you use to look at the deer to see the 3 points?

I thought I gave good advise in the beginning, I suggested investing in a good / new pair of optics for sure.. I agree with your question..hunterrcc..

A deer that can't be positively identified at 200 yards with marginal optics becomes a deer that can't be positively identified at 300 with superior optics...

Good optics are great but not a foolproof solution to proper identification.

[bigtex]

HAPPENED TO ME ALSO I JUST PAID THE TICKET AN NEVER HEARD ANYTHING MORE ABOUT IT DIDN'T LOSE HUNTING RIGHT OR GUN ALSO HUNTED THE FOLOWING YEAR KILLING A BIGGER BUCK GOD IS GOOD TO THOSE WHO TELL THE TRUTH AN DO RIGHT BY HIM.

As of June 2012 all criminal violations require a mandatory court date. Prior to this date the OP could have simply paid a $2,540 ticket for shooting the deer out of season. The state supreme court ruled that all criminal matters must now be heard in front of a judge. You now have people going before judges for fishing without a license.

[bigtex]

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.