Fiance's Dad facing Felony Hunting Charge

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First off, I'm sad your father in law got himself into this situation. I am a retired Illinois Conservation Police officer and have seen violations like this many times in my career. I am also an avid deer hunter and choose to hunt within the law. I doubt that the charges in Indiana are at the felony level but they could be. If your father in law is charged with a felony he should get a good lawyer. Felony charges will have a long term effect on his life.
As a sportsman I feel that by killing a deer outside the law, he has STOLEN that animal from the rest of us hunters that choose to obey the law. A quality hunt for a large buck may be valued at $5000 to $10,000. If a thief stole something valued at $5000 to $10,000 from your father in law I'm sure he would want the thief prosecuted to the fullest extent of the law. Just an opinion from an old game warden.
Dave
 
That is true. Technically it is falsifying legal documents. And I agree with you Dave. Believe me, I hate seeing it happen but I wanna see the law actually followed small town or not.
 
From a legal standpoint, and based on the OP's description of what happened...

he didn't technically "poach" the deer. When he shot the deer, he had a legal tag in his pocket and the season was open.

What he did was:

1. Fail to tag it immediately after the kill.
2. Bought and used a tag under fraudulent circumstances, since it was his wife's tag, and he himself killed the deer, and had killed it before his wife bought the tag.

So he's likely charged with fraudulent use of a tag (or whatever that state calls it). I don't know if it's a felony or not, but it may fall along the lines of "perjury" or some such where his wife signed the tag, and he'd already filled it.

And if he's not careful, he may bring his wife into it with some sort of conspiracy charge.

He needs a good lawyer.

Daryl

Edited to add: Sorry, should have read the entire thread before posing. Looks like someone else already posted the same thoughts I had.
 
I do not think it's a felony. I think they may be trying to make a felony. I heard PA is trying to make poaching a felony.
 
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!!!!
 
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.
 
He needs a lawyer.

He can probably plea down the charges.
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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.
 
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...
 
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.
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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.
 
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.
 
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.
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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.
 
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.
 
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.
 
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.
 
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.
 
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
 
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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.`
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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.
 
Dirty S.O.B.s

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.
 
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