Fiance's Dad facing Felony Hunting Charge

[bswiv]

Could it be that he has some prior for similar.....?

If so he might have run afoul of the Wildlife Compact which in some states is parnered with a stacking provision in the law. Idea was to get at repeat offinders by making each ofence more expensive for the offender.

Used to be that every time they caught you for poaching a deer, or whatever, it was the same fine each time. Now when in many places when they catch you a second and third time the fines ramp up...

And it is worth knowing that if PA is a Wildlife Compact state then the revocation of his hunting license will be honored in ALL the other Compact states..... He could be really screwed!!!!

[waterfowler]

That sucks. If the state needs money, they will get it some way. First thing they do is restrict hunting and raise prices on tags.

[team101]

He needs a lawyer.

He can probably plea down the charges.

This mentality is the problem in the USA. I broke the law and got caught, how can I keep from actually being held accountable for my actions.

Overall, I hope this guy learns from his mistake.

[Nydhog502]

I agree that he needs to be held accountable. Trust me. If it does become a felony from a misdemeanor (in case I heard wrong) so be it. I love the guy but I'd feel like it was doing a disservice to everyone if he gets off without any punishment...

[Double Naught Spy]

Are they trying to nail him for poaching? I'm not excusing his actions because he was and idiot for doing it. but it's a little over the top to go for this kind of sentence for this in a town that my Desert Eagles range exceeds the city limits length lol.

I had never considered that how laws should be enforced should be relevant to the size of town in which they are enforced, that a smaller town should mean smaller charges.

[cornbush]

In Utah that is considered "party hunting" which is poaching.

It is up to the prosecutor to decide if it will be pursued as a felony or not.

Wildlife crimes in Utah pack some pretty hefty penalties now.

It is working too, poaching is slowly being reduced.

If your state is a member of the vioilators compact he will not be able to hunt in any other state thats a member either if they take his hunting priveleges away.

Best he can hope for is a misdemeanor and a vacation from hunting for a while.

[Doc Intrepid]

Thats going to be some expensive venison.

[taylorce1]

Posted by waterfowler:
That sucks. If the state needs money, they will get it some way. First thing they do is restrict hunting and raise prices on tags.

How does it suck? Who cares if the State needs money or not. The FIL of the OP did something that was Illegal regardless if the price of hunting went up it was against the law. What the Game Warden did was enforce the law, it doesn't suck at all.

What sucks is the OP's FIL was greedy and wanted to do things his way. When people can't do things the legal way the do steal from the rest of us who hunt within the letter of the law. All it does is put a black eye on the rest of us who enjoy the sport in the eyes of thoes who don't.

The other thing that really sucks about this whole thing, is that somewhere along the way this FIL started the value the horn more than the hunt. He should have been happy to fill a tag and have meat in the freezer. I don't know how many times I've ate tag soup, but three of my four tags went unfilled this past season.

Another thing that SUCKS is that you think that the only reason we have laws to protect game is because a State needs money. Game animals and public lands are a resource that a State needs to properly manage, sure it makes money for the State. However hunting usually brings more revenue to a State in tourism and sales tax than it ever brings from fines.

[Scorch]

When I first read this thread I was not going to reply, but I will anyway.

The FIL shot a deer he did not want (greedy, poor judgement), then told the wife to go buy a tag and tag the deer (poaching, party hunting, premeditation, falsifying an application, and failure to promptly fill out and attach the tag to harvested game). Then he got caught (bummer), but apparently he was OK with that (told the warden what he'd done) until they hammered him (your day in court= bummer #2), so he starts looking for sympathy (not a crime in itself, but WAAAAAAH!). So the OP come onto a forum and says (in effect) "look how unfair they are being". I am sorry, but I have a hard time sympathizing with either of them, because (a) the FIL thought it was OK to poach but not once he got caught, and (b) because the OP went off half-cocked (didn't now what the charge or the crime was) looking for sympathy among a bunch of ethical hunters who don't poach (certainly don't brag about it).

If the FIL wanted the bigger deer, he should have held out and passed on the smaller deer. His greed cost him.

Does anyone know what a monkey-trap looks like? it is a jar with a small opening that the trapper baits with some food. When the monkey reaches in and grabs the food it cannot get its hand out, and it will not release the food even when the trapper returns because of its greed. People eat monkeys, you know. Greed is dangerous.

[comn-cents]

Maybe he can play dumb and say he meant to write 6pm on the tag. O wait it seems he doesn't have to play dumb at all. I guess if you get caught because you can't tell time, you deserve what ya get.

[Baphomet]

Yeah, much like I would expect, it sounds like it sucks pretty damn hard to get busted for flagrantly, knowingly and willfully breaking all those laws.

*shrug*

I have zero sympathy.

[HiBC]

When I suggested maybe he could cop a plea,I was not condoning poaching.It is just how our legal system works.

A poached trophy has no value.It is a disgrace.

I play by the rules.I will also call the game warden on a game thief.

[Daryl]

I still say he needs a good attorney.

Murderers have the right to an attorney, so why not a poacher?

He's admitted wrongdoing, and is facing a legal battle in court. Without an attorney to look out for his interests, there's no guarantee that he'll "only" be prosecuted as allowed by law.

IOW, if it's a misdemeanor offense, and he's charged with a felony, then a good attorney should be able to clearify that for the court. If he's charged wtih "poaching", and according to the law should have been charged with a lesser charge, then a good lawyer can help with that, too.

No matter how guilty a person may be, I'd not see them prosecuted/persecuted at the hands of the law without legal representation.

I have little sympathy for him, and he should be prosecuted as prescribed by law, but he STILL needs a good lawyer to look out for his interests in the court room.

That right is just as much a constitutionally guaranteed right as the right to keep and bear firearms, to freedom of speech, from illegal searches, and so on.`

Daryl

[cornbush]

That right is just as much a constitutionally guaranteed right as the right to keep and bear firearms, to freedom of speech, from illegal searches, and so on.`

That is a point often overlooked.

I do not agree with poaching at all.
I have and will turn in anyone I know about for poaching, but they are entitled to the same rights as everyone else.

[GallowGlass]

Headlines here in Montana involve a individual appointed for State Congressional director.Basically a poacher who thinks he's above the law & can get away with wildlife violations. Our Rep. wasn't aware of the "charges". 1.Obstructing a Peace Officer 2.Killing more than one elk w/out authorization. 3.Abandoning the carcass of a spike elk in the field. 4.Hunting &Harvesting spike elk during closed season. If convicted(?) his fine is $2,940, 24 mos. loss of hunting/fishing privilages- each count, and 6 mos.in jail. This type of "Sportsmanship" is rampant in our nation ,and my home State. Follow the written regulations where you are at, common-sense,and Respect for the resource, and we will all get along a whole lot better. I'm tired of looking the other way.Wise-Up & Pull-Up.

[dropthehammer]

Call it what you want, the guy made a mistake. He got popped and now he will have to pay for the crime. I think a felony charge is a little stiff. If its his first offense it will more than likely be pleaded down. I don't agree with what the guy did, and would be willing to bet its not the first time he did it, but a felony charge? Seems kinda stiff for the crime.

[shortwave]

He has his wife go buy a deer tag...

Was the deer tag in FIL'S name or MIL's name?

If wife got a tag in his name, isn`t that also frowned upon?

In Ohio, I don`t think its legal to purchase a tag for another person.

If tag was in wife`s name,was tag filled out and signed by her?

Sounds as though there may be more than poaching charge's involved and MIL may be facing a few.

At any rate, poaching is just that - POACHING. He obviously knew what he was doing,got busted so its time to pay-the-piper. If poaching is a felony in your state, so be it.
Also if poaching is a felony, he`ll be advised by the judge to get legal representation.

[kgpcr]

That guy is not real bright to say the least. You better get some on who is to represent you.

[Nydhog502]

I'm not looking for sympathy. For either of us. And I even said I was relaying what I was TOLD. I wasnot there. I even stated I want him to get punished. I don't think they needto make an example of him and completely demolish him. Myintention of putting this on herewas to get opinions and conversations going. A debate if you will. It worked.

[teeroux]

Well I can say one thing for sure deer tags sure do make a mess out of the law. I much prefered it a few years ago when we (LA) didn't need no stinkin tags.

Sure what he did was wrong but tags system is just so they can write tickets and further nusance hunters and discourage hunting.

I have known some real poachers and trust me they don't care about the licenses much less the tags and wardens. It follows the same line of thought that if we control the guns crime will go down. If we make hunter use tags poaching will go down. NOPE the same way thugs on the street don't care if there is a ban on guns, real poachers don't care if tags and a license is required.IMO

[golfballshootr]

I have read some very well, thought out, and eloquent responses, so, I did not want to chime in, but, here goes.....

I can honestly say that I don't have any sympathy for the FIL under any circumstances. What he did was wrong, plain and simple. Felony though, I don't know if I'd go that far, but punishment still needs to be dealt.

It just really makes me sick when I hear of this type of behavior. It happens quite frequently in my area and I think at a bare minimum, of course this is just my opinion, if you do that and get caught, you lose the right to hunt for a MINIMUM of 5 years. That gives you the time to reflect on the bone headed move that you made.

I've had the shot over the years where the deer I shot, looked like the one I wanted, only later to go out and fill the doe tag, and see a nicer buck. I think could of, should of, would of, and kick myself in the pants for taking the first deer. Then, I've thought, okay, this will not happen this year, I'm going to wait on the one that I've put to bed for a few weeks (sometimes days), scouted him hard, know his routes, know his habits, and know without a doubt, that I will have in in the morning!! Hunt hard and I mean hard all season, and never see him and pass up several that are shooters, maybe not trophy, but shooters still.

Well, we are supposed to be good stewards for our sport and mentors to the younger hunters, and this type of behavior displays neither.

[Double Naught Spy]

I don't think they needto make an example of him and completely demolish him.

I think people who so blatantly disregard the law are the exact ones about whom an example needs to be made. Just how many laws were broken again to accomplish this little task? 5? 6? If they wanted to completely demolish him, they would prosecute to the fullest extent for each of the violations, MIL as well. They aren't, however.

Just because they seem to be really only hitting one violation hard seems to indicate that they are showing considerable generosity. I guess it is a good thing that your FIL was on good terms with the game warden.

[oneoldsap]

If you can't do the time , don't do the crime . MAN UP MORON !!!

[Daryl]

It's kinda funny if you think about it.

Wifey shows up to buy a tag after the season opens? That's gotta get a warden's attention pretty quickly, so he stops by to ask a few questions.

Does he really think he's the first one to put his wife's tag on the first deer?

I have friends and relatives in law enforcement (including one who's a game warden), and every one of them would be smart enough to question that one.

Daryl

[Art Eatman]

Enough. Scorch and Daryl summed it up fairly well.