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Author Topic: WDFW Looking to Decriminalize Many Violations So Prosecutors Can Handle Cases  (Read 2981 times)

Offline bigtex

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We need more prosecutors!
That's an understatement. You could probably double the amount of prosecutors in every county and it still wouldn't help when you consider all of the city, county, state, etc. agencies submitting cases.

Offline WSU

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In my personal opinion, this is probably the best thing that WDFW and the legislature can do to sort out this mess. I doubt the Supreme Court will go back and say "oops" and bring back bail forfeiture. Even with bail forfeiture if someone contested a misdemeanor charge it then went to the prosecutors office who had to prepare for a full on jury trial for something like one fish over the limit or fishing without a license. Often times this would lead to the prosecutor's office dismissing the case. For several years in Spokane County if you were cited for a misdemeanor fish/wildlife violation and pled not guilty the prosecutor's office would automatically dismiss the case.

By making those types of violations infractions it takes the prosecutors office out of it and turns it more into a traffic court trial where it is the officer vs the defendant.

There are some counties that automatically send it to diversion or similar for a small fee.  If you don't get in trouble again in six months, case dismissed.

Offline bigtex

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Senators Warnick (R) and Van De Wege (D) have pre-filed and co-sponsored Senate bill 6071 which will come up once the 2020 legislature convenes. The bill will do exactly as what WDFW requested in my original post.
« Last Edit: December 15, 2019, 08:48:54 PM by bigtex »

Offline follow maggie

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Good idea bad bill.  Nope I hate it.  Give more power and judgement to officer?  Its their job to enforce laws not interpret them.  We have judges for that.  Maybe prosecutors should hammer the bad guys and quit trying to hammer the little guys?  Raiding their house and freezers because they have a pic on facebook of a fish or geo tag pic in wrong spot?    I do think this would make things better and officers would likely do good job with it I don't agree with it as too much discretion and potential for bias/ corruption etc.  It already exists in many ways but I don't think it is correct answer.  Clean up bill with specific requirements and penalties/limits etc so officer can enforce that and not make up their own rules.  Hey I like you here is a fine.  Hey your a dumb jerk I am prosecuting you.  No we don't need this in our system.  Besides it will fuel disrespect to officers.  I can hear 2 hunters talking now.  :I got a ticket for small crab in pot!"  Other Hunter says "What?  I got hammered cause I have brown eyes, brown skin, voted for Hillary, or something.  What was officers name?"  And there ya go...  See my point or am I just being stupid? :chuckle:

Cops already have a tremendous amount of discretion. They make a dozen decisions every day whether to write the full speeding ticket or write you were speeding less then you were. Or give a warning instead of a ticket & fine. Itís not possible to remove discretion from the job. What you wrote would have all of us in & out of jail & paying fines to the court all the time. I donít think thatís a world you want to live in

Online ctwiggs1

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Well, not all of us.

Try not breaking the law and youíll find that cops will just leave you alone. :chuckle:

Online trophyhunt

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We need more prosecutors!
And jails, for the poachers, not the guy who didn't crimp his barbs. 
ďIn common withĒ..... not so much!!

Offline bigtex

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We need more prosecutors!
And jails, for the poachers, not the guy who didn't crimp his barbs.
Barbed hook violations are infractions and have been for over 30 years.

Sent from my SAMSUNG-SM-G930A using Tapatalk


Offline follow maggie

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Well, not all of us.

Try not breaking the law and youíll find that cops will just leave you alone. :chuckle:

Everyone breaks some law, even you. Traffic or whatever. Thinking otherwise is just ignorant.

Online ctwiggs1

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Well, not all of us.

Try not breaking the law and youíll find that cops will just leave you alone. :chuckle:

Everyone breaks some law, even you. Traffic or whatever. Thinking otherwise is just ignorant.

That's true.  I did just get a ticket the other.... well... 15 years ago  :chuckle:

Offline bigtex

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The House bill passed with unanimous support. It has now been passed in the Senate committee. It now goes to the Senate for a full vote.

Offline bigtex

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The bill has passed with unanimous support and will take effect this summer. This will lessen the burden of courts and prosecutors on "everyday" fish & wildlife violations and leave the criminal side of the courts only for the more serious violations.

Offline Fl0und3rz

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Thanks for the update.

 


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