Gross Misdemeanor

[brackens]

Please move this where it is most appropriate.  Recently I had a game department official come to my house at 5pm on a Sunday to check my deer as I had it at a local butcher.  She then informed me that I had not notched my tag appropriately.  I did not cut out the month as it was already notched out and hanging, by the computer cutting it out during printing.  I poked the day onto my horns and wrapped it up on the horns with a rubber band.  When I dropped it off to the butcher I gave him the tag with the deer.  I then reported my deer two days after I shot the deer.  The officer came by 4 days after I shot my deer, or two days later.  I had already reported the deer before she saw my tag.  I let her know that I was not a veteren deer hunter (second deer) and I understood that I did not notch it as well as I should have.  She essentially accused me of scheming to use my tag again.  WTF?  I just received a court appearance order from the county prosecutor summoning me to court on the 27th of December for second degree unlawful hunting of big game.  I just received this today.  I have never poached in my life or even got a speeding ticket before.   Does anyone know if I should be getting a lawyer?  I do not need a lecture on how to notch my tag correctly, I learned this lesson the minute she was grilling me at my house.  I am not guilty of being a criminal, at least in my mind I am not.

[seth30]

Good luck with your case, I have never been in that type of trouble, but hopefully you can walk away with a stern warning.

[mtbeav]

I would  lawyer up, as the judge will go by the letter of the law.

[GWP]

That sucks! For sure get some proof that you gave notice two days before she came to your house if you can. I have not been in that situation, but I certainly have seen that courts do not have common sense at times. Best of luck.

[deerslyr]

If you already reported that you had harvested the deer then you should be fine.

[Blsum]

  Good luck man.

[Humptulips]

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.

[mikelonsford]

I am no lawyer but I would think if you had already gone on line and officially reported it that that would help your case a whole bunch.  Make sure you let the judge know that and if able print them out a copy for your court appearance.  Seems like maybe a fine if they really wanted to push the notching the tag improperly but seems like they are splitting hairs at that point.  Just be truthful, respectful and apologetic about the bad notch job.  Good Luck...Congrats on the deer, sorry it may leave a bad taste in your mouth.

[ThePascoKid]

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

[markts]

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

[Bob33]

Since you asked, no lecture.  I gather you now understand that failure to notch properly is a significant problem.  It's listed first for a reason.  The reason it's emphasized is that with the notches intact, they could be glued back and the tag reused.  You know you're not a poacher, but how would an enforcement officer?  Poachers lie: how do they know that you're not one also?

I suspect you will not walk away without some form of monetary fine, and possibly a temporary loss of hunting privileges.  I honestly doubt that a lawyer would do you much good; save your money to pay any fines you may incur.

If you have been straightforward and told the truth at every occasion, that should help you.

Good luck; that's a real bummer.
[smg id=10161]

[brackens]

Thanks all.  This just should be a warning for everyone notch them completely.  I mean if I were a poacher why would I bring my deer to a registered butcher?

[Bob33]

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.

[brackens]

Ok, but answering your second part of the lecture not lecture...I reported the deer before she came to my house.  How do I reuse the tag? 

Since you asked, no lecture.  I gather you now understand that failure to notch properly is a significant problem.  It's listed first for a reason.  The reason it's emphasized is that with the notches intact, they could be glued back and the tag reused.  You know you're not a poacher, but how would an enforcement officer?  Poachers lie: how do they know that you're not one also?

I suspect you will not walk away without some form of monetary fine, and possibly a temporary loss of hunting privileges.  I honestly doubt that a lawyer would do you much good; save your money to pay any fines you may incur.

If you have been straightforward and told the truth at every occasion, that should help you.

Good luck; that's a real bummer.
[smg id=10161]

[Bob33]

You take it off the first deer, glue the notches back, and go hunting.  If you're checked you can exhibit an unnotched tag.