Gross Misdemeanor

[bullrider97]

I don't see where you unlawfully hunted big game, improper tagging of big game yes, but not unlawfully hunting

I don't understand how you could be cited with unlawful hunting   You weren't hunting! Improper validation of the tag or whatever they want to call it is what the charge should be. If it was me, I think I would at least consider hiring a lawyer, as it seems that the right lawyer should be able to get the case dropped entirely. To me they wrote you up for the wrong thing and therefore you shouldn't have to plead guilty of anything.   

I agree with the gents above. Even though it's a hassle you shouldn't have any trouble proving you were lawfully hunting. I think the warden cited under the wrong statute, which should be an easy dismissal. Hopefully your lawyer is well versed and gives a crap rather than just taking your money.

Good luck.

[goosewhacker]

For what it's worth...I got a ticket in the field for the same thing. Did not have the notch completly removed on the date, had two slits on the notch but was guilty of having a "hanging chad". Got a ticket for "improperly notching" my tag. Went to court in Cle Elum, told my story and got a whole $ 20.00 knocked off my ticket. I think I paid $ 140.00, but it's not on my record, I did have a LEO check for me when I got my CWP. Your situation sucks, good luck to you!

[grundy53]

I don't see where you unlawfully hunted big game, improper tagging of big game yes, but not unlawfully hunting

I don't understand how you could be cited with unlawful hunting   You weren't hunting! Improper validation of the tag or whatever they want to call it is what the charge should be. If it was me, I think I would at least consider hiring a lawyer, as it seems that the right lawyer should be able to get the case dropped entirely. To me they wrote you up for the wrong thing and therefore you shouldn't have to plead guilty of anything.   

I agree with the gents above. Even though it's a hassle you shouldn't have any trouble proving you were lawfully hunting. I think the warden cited under the wrong statute, which should be an easy dismissal. Hopefully your lawyer is well versed and gives a crap rather than just taking your money.

Good luck.

I completely agree with these gentlemen. And Lawyer up. You don't want this sticking with you. Any background check will turn this up. I was denied an apartment because I had been convicted of a misdemeanor.(disorderly conduct. I got into a bar fight) it sticks with you.

[whacker1]

For what it's worth...I got a ticket in the field for the same thing. Did not have the notch completly removed on the date, had two slits on the notch but was guilty of having a "hanging chad". Got a ticket for "improperly notching" my tag. Went to court in Cle Elum, told my story and got a whole $ 20.00 knocked off my ticket. I think I paid $ 140.00, but it's not on my record, I did have a LEO check for me when I got my CWP. Your situation sucks, good luck to you!

I think this is what you should be lobbying for is the "improperly notched" tag.  This seems more appropriate than poaching.

[bigtex]

I think I would speak to a lawyer about this. I know that costs money but a gross midemeanor can get you I believe up to $10,000 fine and 5 years in jail. Not likely you'll get that but it could get expensive.

Gross misd is $5,000 and/or up to one year.

[bigtex]

i believe failure to tag an animal is 361 dollar fine.(unnotched tag is considered failure to tag) you will spend alot more on a lawyer. and i personally would no longer give the meat locker my business. they probably called you in over some bs.

You are correct on the fine. However unnotched tag is not considered failure to tag. There are three different crimes in regards to tagging. 1- Failure to tag 2- Intentional failure to notch tag 3- Unintential failure to notch tag.

1&2 are $361. 3 is about $160.

[bigtex]

it disturbs me our hard earned dollars pay stupid lazy state officials to give fines to law abiding citizens when so much poaching and crimes to fish and wildlife are occurring on a daily basis.

How can you call this individual a law abiding citizen when he did not properly notch his tag??
Is he a harden criminal? No. But did he violate the law? Yes.

[bigtex]

I don't understand how you could be cited with unlawful hunting  You weren't hunting!

Failing to tag/notch the tag is enforced under 2nd degree unlawful hunting.

RCW 77.15.410
Unlawful hunting of big game
1) A person is guilty of unlawful hunting of big game in the second degree if the person:

(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;

It is a WDFW commission rule to properly tag and notch your animal. A violation of that law is enforced under 2nd Degree Unlawful Hunting.

[grundy53]

it disturbs me our hard earned dollars pay stupid lazy state officials to give fines to law abiding citizens when so much poaching and crimes to fish and wildlife are occurring on a daily basis.

How can you call this individual a law abiding citizen when he did not properly notch his tag??
Is he a harden criminal? No. But did he violate the law? Yes.

He attempted to notch it. His intention was to follow the law.  He thought he was legal. Jesus, give it a break. It would be one thing if he intended to do wrong. But he didn't. I hope you never once unintentionally did anything wrong ever. or your just a criminal like I guess 99.99% of the rest of us are. Then you have no room to talk.

[k_rex]

For a first time offender using a public defender on a gross misdemeanor will more than likely net you somewhere between $200-$500 in court fees, 1 year unsupervised probation, and some community service.  A public defender will not get the case dismissed but, will work with his/her co-workers (judge, prosecuting attorney) to get this wrapped up as quickly as possible in order to save money.  

Lawyer will cost you more up front and may be able to get the case dismissed.  

I'm not sure where you are but, I have a recommendation on a lawyer.  If you are outside of his area lean on him for as much info as you can and ask for a recommendation in your area

Jag Matto
Phone 206. 621.8777
Direct 253.332.4879
Fax 206.621.1256

[bigtex]

it disturbs me our hard earned dollars pay stupid lazy state officials to give fines to law abiding citizens when so much poaching and crimes to fish and wildlife are occurring on a daily basis.

How can you call this individual a law abiding citizen when he did not properly notch his tag??
Is he a harden criminal? No. But did he violate the law? Yes.

He attempted to notch it. His intention was to follow the law.  He thought he was legal. Jesus, give it a break. It would be one thing if he intended to do wrong. But he didn't. I hope you never once unintentionally did anything wrong ever. or your just a criminal like I guess 99.99% of the rest of us are. Then you have no room to talk.

Your right it was an accident. This is why there is a different fine for intentional and accidental tagging violations.

[Oldguy]

One thing that is being ignored is that Wildlife Officers routinely check game processers and check the tags and records. The butcher didn't necessarily call the WDFW. Also, the tag is given back to the hunter with the meat and is supposed to be kept with it. Secondly, talk to an experienced Wildlife Officer and ask what poachers do to repair a sliced tag. Quite amazing what cheats think up to steal game. We have WO's come to our Hunter Education classes and there is a big emphasis on the proper notching of tags. In fact it says to "remove the notch" right on the tag.
I appreciate that you didn't intentional commit a crime, but we all make mistakes. Good luck with the judge.

[bigtex]

One thing that is being ignored is that Wildlife Officers routinely check game processes and check the tags and records. The butcher didn't necessarily call the WDFW. Also, the tag is given back to the hunter with the meat and is supposed to be kept with it. Secondly, talk to an experienced Wildlife Officer and ask what poachers do to repair a sliced tag. Quite amazing what cheats think up to steal game. We have WO's come to our Hunter Education classes and there is a big emphasis on the proper notching of tags. In fact it says to "remove the notch" right on the tag.
I appreciate that you didn't intentional commit a crime, but we all make mistakes. Good luck with the judge.

 
WDFW Officers not only check butchers but also taxidermists, especially right after hunting season since that is butchers and taxidermists busiest time. WDFW is not only checking that the butchers and taxidermists are following the law in regards to book keeping and other laws but also that hunters are following the laws. There have been several cases made by people illegally bringing in animals from other states which have Chronic Wasting Disease and WDFW found these animals in butcher shops. WDFW can do a warrantless search of a butcher or taxidermist anytime they want.

[croix]

don't go into this with "hope" and "should" and "probably" and "common sense"

GET A LAWYER!

[shoot-em-dead]

 I just don't get why you didn't notch and remove it.  You are told to in hunter education, in the regs, and on the tag. I have a tough time believing it was a mistake. You were either too lazy to do it, or you cannot read. Seeing as how you started this thread, I believe you can read. I doubt you had any intentions of getting a second animal only because you did turn in your tag to the processor and reported a successful harvest. I guess all I can say is I do not sympathize for you as you brought this on yourself. WDFW has given plenty of warnings. I applaud the warden for giving you the ticket.