Gross Misdemeanor

[grundy53]

It turns out that there are some real *censored*s on this site. If "we" as a hunting community are going to prosecute our fellow hunters for trying to follow the law, and in doing so, make a small mistake, then we may as well kiss our hunting rights good bye. The guy harvested an animal, notched his tag(not perfectly) and took it to the butcher, where he turned over his animal and tag. He then went home and reported his harvest like he is supposed to. What the hell is everyone's problem? Every single one of us has made much bigger errors than this while hunting, and if you say that you haven't, you are a liar. The game dept. is splitting hairs and it's *censored*. If he was caught in the field with a tag like this, then maybe a different story, but he turned the tag over to the butcher, no opportunity for wrong doing.

couldn't have said it any better. 

[KeeKeeBlamo]

Obviously this guy made a violation in tagging the animal; and will pay the consequences for this.  What gets me is that fact that people in this forum are judging him and they are not judges, they are not even jury members.  This guy could not be taking any more responsibility than reporting this in a public forum.  Show me where he wrote he didn't do it.  It reminds me of the Brian Aitken case in NJ.  If everyone on this forum would eventually like to lose their hunting rights then please continue to legislate them away with further rules and regulations so that everyone may be fined, charged and violated.

Finally as a new hunter myself I can say that if I committed a violation I would be afraid that a gross misdemeanor would have some effect on the licensing that allows me to work and support my wife & child.  Afraid not not wanting to take responsibility for it.  I can also say that if I were to committ an infraction I would never seek advice in this forum after reading this .  This is the kind of crap that will eventually kill hunting because people will be afraid the state will take their rights from them for an accident or a mistake.

[Machias]

I would skip the lawyer.  I had an incident with WDFW 9 years ago and called the lawyer and he gave me advice over the phone and said don't waste your money on a me.  He told me to go to court and plead not guilty and then ask the prosecuting attorney for a CFD, Contuniation For Dismissal.  The PA agreed, gave me a 2 year CFD.  What that means is if you don't run afoul of the law for the next 24 months it is removed completely from your record.  I ended up paying $250 for the 24 month period.  It was easy to agree to, since I'd never been in trouble in 39 years, I figured I could go for 2 more without messing up.  Couple of things to consider, one if you do get in trouble during the 24 months, any kind of trouble, they will bring back the original charge and you will not be able to argue your case on that count(s).  Also just because you were charged with a particular crime means NOTHING.  I was originally charged with Taking an Endangered Species.    I went to the PA and said no way is a raccoon endangered.  He said it doesn't matter.  I said like hell it doesn't matter!!!!     So he goes back and then comes back out and says your right we're charging you with this charge.  I went home and looked it up it was taking Protected Species!!!  Also wrong!!  I mean holy heck guys you don't have a fricken clue!  Finally in court they had the proper charge Keeping wildlife in captivity, to wit raccoon.  One other thing, make darn sure you get a copy of the Warden's report.  On the day I went to court I could not understand why the PA was looking at me like I was some kind of child molester.  Then I got a copy of the Warden's report.  Nearly 40% of it was a flat out lie and fabrication.  I made a written complaint and they sent a Sgt to my house but when your on the wrong side of the law, which I was, you really have no standing to complain, they can say what they want, even if it is made up and you will look like a turd!

[bigtex]

well having  the gamie be a women did not help...... they shouldnt be allowed to be gamies

Why does the WDFW Officer being a female make the citation worse then if the citation was by a male WDFW Officer?

[chester]

it doesnt matter if she was female or male.

on the other hand, what did she look like? 

[GEARHEAD]

Ya may not need a Lawyer but ya gotta fight it. on the back of the citation you will see the address for the county clerk in question. write them a letter, attatch it with your citation requesting a "contest" and "discovery" in your letter requesting discovery, ask for a copy of the officers report. also require that the officer be present for the contest. make sure you have the tag, if not request it, or copy of it. require that that tag be presented in court.  after that if not done already get your confermation number for the report. if you had made that report, while the butcher was in possession of your tag, it goes towards your lack of intent. it shows that you were acting responsible. in the opening of the trial ask for a dismissal with remarks related to the above. good luck.  odds are the officer will not show, as the state has found it cheaper to keep them in the field than at a misdemeanor trial.

[chester]

Ya may not need a Lawyer but ya gotta fight it. on the back of the citation you will see the address for the county clerk in question. write them a letter, attatch it with your citation requesting a "contest" and "discovery" in your letter requesting discovery, ask for a copy of the officers report. also require that the officer be present for the contest. make sure you have the tag, if not request it, or copy of it. require that that tag be presented in court.  after that if not done already get your confermation number for the report. if you had made that report, while the butcher was in possession of your tag, it goes towards your lack of intent. it shows that you were acting responsible. in the opening of the trial ask for a dismissal with remarks related to the above. good luck.  odds are the officer will not show, as the state has found it cheaper to keep them in the field than at a misdemeanor trial.

That is some very good information.   

[Houndhunter]

well having  the gamie be a women did not help...... they shouldnt be allowed to be gamies

Why does the WDFW Officer being a female make the citation worse then if the citation was by a male WDFW Officer?

you ever ran into a cop that was a chick??? would the outcome of been different with a male officer? just sayin

[Gobble Gobble]

Sounds like she is the brother of a GW that used to be in Franklin County a few years back that would ticket hunters (mostly bird) for crossing railroad tracks without emptying their guns. Apparently, railroad tracks are federal property and you can't have a loaded firearm on federal property (not sure if that has changed). My brother used to be the assistant prosecuting attorney in Franklin County and had to deal with his stupid tickets all the time during bird season. Just someone out to be a jerk because they have a badge and the authority to be one.

[bigtex]

Sounds like she is the brother of a GW that used to be in Franklin County a few years back that would ticket hunters (mostly bird) for crossing railroad tracks without emptying their guns. Apparently, railroad tracks are federal property and you can't have a loaded firearm on federal property (not sure if that has changed). My brother used to be the assistant prosecuting attorney in Franklin County and had to deal with his stupid tickets all the time during bird season. Just someone out to be a jerk because they have a badge and the authority to be one.

Legally you aren't even able to walk on railroad tracks. Railroad companies consider it to be trespassing which is why you often see No Trespassing signs near the tracks. Railroad Police (yes there is such an agency) enforces the law heavily and have cited a lot of fishermen and hunters over the years. A lot of fishermen will cross the bridge/tracks on a river so they can fish the other side of a river. Well when they reach the other side of the river they are greeted by the railroad police who cite them for trespassing.

[bigtex]

well having  the gamie be a women did not help...... they shouldnt be allowed to be gamies

Why does the WDFW Officer being a female make the citation worse then if the citation was by a male WDFW Officer?

you ever ran into a cop that was a chick??? would the outcome of been different with a male officer? just sayin

Well I am pretty sure that male WDFW Officers enforce the same laws that female WDFW Officers do. And personally I would have cited this person too, he did not properly notch his tag.

[brackens]

Listen all, I fully expected this to be the outcome of posting this.  Many of you are really succinct in the way you hunt and do not make errors.  I get that.  My only problem with this is that this was a teachable moment for the officer and she chose to try to criminally prosecute me, giving me a record, potentially impacting my living, and costing me thousands of dollars if I fight this legally with representation.  No matter your stance on notching a tag, I will tell you it is nutty that I am being prosecuted to this level and I deem it a waste of our resources at so many levels.  This is my last post on the subject and thanks to all that have helped me along the way.  Hopefully this helps some other hunter when notching his or her tag.

[grundy53]

Listen all, I fully expected this to be the outcome of posting this.  Many of you are really succinct in the way you hunt and do not make errors.  I get that.  My only problem with this is that this was a teachable moment for the officer and she chose to try to criminally prosecute me, giving me a record, potentially impacting my living, and costing me thousands of dollars if I fight this legally with representation.  No matter your stance on notching a tag, I will tell you it is nutty that I am being prosecuted to this level and I deem it a waste of our resources at so many levels.  This is my last post on the subject and thanks to all that have helped me along the way.  Hopefully this helps some other hunter when notching his or her tag.

I agree. A complete waste of OUR tax dollars when a stern warning would have been sufficient.

[PA BEN]

Was this Stevens Co. and the Game W. PAM?

[shoot-em-dead]

Listen all, I fully expected this to be the outcome of posting this.  Many of you are really succinct in the way you hunt and do not make errors.  I get that.  My only problem with this is that this was a teachable moment for the officer and she chose to try to criminally prosecute me, giving me a record, potentially impacting my living, and costing me thousands of dollars if I fight this legally with representation.  No matter your stance on notching a tag, I will tell you it is nutty that I am being prosecuted to this level and I deem it a waste of our resources at so many levels.  This is my last post on the subject and thanks to all that have helped me along the way.  Hopefully this helps some other hunter when notching his or her tag.

Wow- taking it that way- really? Lets get a few things cleared up buddy. I have yet to read where anyone posted in this column how they have not made errors. You want a teachable moment over this then lets put it in perspective.
Your whinning here is no different than someone who got a speeding ticket. You broke the law and got caught. The law is clear and posted right on your tag and in the hunting handbook. The fines for such violations are also public information.  Pretty simple really, YOU didn't follow simple instructions and here you are crying to the world that WDFW is wasting tax dollars because YOU are too stupid to understand how to cut out and remove a notch in your tag.