Gross Misdemeanor

[brackens]

If I am a poacher why would I even use a tag?  The tag had a clear hole poked through on the day and the month was notched out by the computer printing process.

Good luck to you-if you reported it I dont get the problem

Reporting would not necessarily stop a poacher from hunting again with the tag. He just wouldn't report the second (or third or fourth) one.

[the1rod]

how do they expect you to re-use the tag if you gave the tag to the butcher and didnt have it in your possession?

[Bob33]

"Tell it to the judge".  We're trying to explain it, and you don't seem to want to hear it.

By some estimates, poachers kill the same number of animals as legal hunters in Washington.  It's a serious problem.  Enforcement officers are stretched thin, and they don't often have much time to hear explanations.

You violated a game law. Man up, face the consequences, learn from it, and move on.

[billythekidrock]

I am pretty sure if you get a lawyer you will only get a fine and not lose your hunting privileges.

As stated above, you will want proof of reporting. You should have a copy of your confirmation number. If not, get it.

They have to prove intent and if things are as you say then there is no intent.

[brackens]

RCW 77.15.410
Unlawful hunting of big game — Penalty.

(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;

     (b) Violates any rule of the commission or director 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; or

     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.

     (2) A person is guilty of unlawful hunting of big game in the first degree if the person was previously convicted of any crime under this title involving unlawful hunting, killing, possessing, or taking big game, and within five years of the date that the prior conviction was entered the person:

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

     (b) Acts in violation of any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, or closed times; or

     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.

     (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 period of time when hunting for the particular species is not permitted, or in excess of the bag or possession limit, the department shall revoke all hunting licenses and tags and order a suspension of hunting privileges for two years.

     (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all hunting licenses or tags and the department shall order the person's hunting privileges suspended for ten years.

If I read this right I do not lose any privileges?

[brackens]

Ok, I will. Where did I say I would not as you put it "man up".  I am trying to understand the legal ramifications of this.  I already stated I learned from the experience.  Thanks for your thoughtful response.

"Tell it to the judge".  We're trying to explain it, and you don't seem to want to hear it.

By some estimates, poachers kill the same number of animals as legal hunters in Washington.  It's a serious problem.  Enforcement officers are stretched thin, and they don't often have much time to hear explanations.

You violated a game law. Man up, face the consequences, learn from it, and move on.

[CAMPMEAT]

A lawyer will cost you way more than the fine. I wouldn't get one. Just go to court and tell your story.

[markts]

"Tell it to the judge".  We're trying to explain it, and you don't seem to want to hear it.

By some estimates, poachers kill the same number of animals as legal hunters in Washington.  It's a serious problem.  Enforcement officers are stretched thin, and they don't often have much time to hear explanations.

You violated a game law. Man up, face the consequences, learn from it, and move on.

What dont you get-he reported his kill and dropped the deer and tag off at the butchershop How would he reuse the tag

[GWP]

Dude. Relax. Get your info, and wait to go to the Judge. Get a lawyer if you can afford it. I was sitting in a court one day, and noticed that of all the people that had the same ticket I did, the ones that got off had a lawyer handling their case. I grabbed the first one I could see (sitting next to me) and he said "$100 cash". It went away. No lecture, nothing. No fine. Gone. I was just hoping to get the amount reduced!  

[Bob33]

Ok, I will. Where did I say I would not as you put it "man up". 

[/quote]
I think it's your effort to justify your actions. We understand it was not intentional.  We all make mistakes. Unfortunately, sometimes they have consequences.

Seriously, best of luck to you.  

[Tony 270]

I don't see how the charges can stick. Charged with unlawful hunting when the actual violation was failure to properly tag the animal. Two completely different and sepearate issues. How can it be proved you are guilty of the charged crime? Kind of like driving with an expired license or driving without insurance, even though you didn't drive, simply let them expire.

Seems they should focus on actual crimes and violations and not try to make up some BS ones.

[brackens]

It is your opinion and you have a right to it.  Just as in any case there is a series of steps that took place before the officer came to my house.  I am not trying to justify anything except that the intent for me to use this tag again does not make sense.  That is all.

Ok, I will. Where did I say I would not as you put it "man up". 

I think it's your effort to justify your actions. We understand it was not intentional.  We all make mistakes. Unfortunately, sometimes they have consequences.

Seriously, best of luck to you.  
[/quote]

[Bucks2Ducks]

One of my hunting partners got a ticket for that last year in Pacific county for an elk hanging in a locker. It was his first time harvesting an animal and he just put a slit through the correct dates. It wasn't worth the drive time to fight it so he just plead guilty and ended up with a 400$ fine. Gotta love the money hungry WDFW!

[brackens]

I fully expect to pay a fine, but being fined and having a gross misdemeanor on your record, the same as 4th degree assault seems harsh to me.

Ok, I will. Where did I say I would not as you put it "man up". 

I think it's your effort to justify your actions. We understand it was not intentional.  We all make mistakes. Unfortunately, sometimes they have consequences.

Seriously, best of luck to you.  
[/quote]

[carver52]

Brackens,
If you can afford it I'd say get a lawyer.  They speak the lingo of the court, you don't.  You may have to pay the lawyer roughly the same or a little more than the fine, or maybe no fine at all.  There are lawyers that specialize in wildlife tickets.  Are you a member of PrePaid Legal?

Best of luck with this.