Arrest, Search, Seizure, Warrant Do they have a case?

[pertjj21]

This is kind of a long story so I will try and make it short. This has to do with the Wisconsin Department of Natural Resource. There was a situation a few weeks ago where a friend of mine forgot his license when it came time to tag a deer. We called from a cell phone and got the tag. After another friend was present the DNR walk out of the woods and told us to stop what we were doing. (So they had been there the whole time watching us) They separated all of us out and put us in separate trucks for questioning. I was asked to get inside the truck and so I did only to remain in corporation. I was never read or given any Miranda Rights so I sat in the truck and only gave them my driver license for personal information. Then I was told it would be in my best interest in (a threating voice) to give a written statement which I did but not of my own free will because I felt they would of just let me continue to sit there all night till I said something. The warden also made the comment that he was after me to set an example for other people in the town because I am a hunting/fishing guide in the area. Now after almost three weeks of waiting the D.A is sending me a ticket for 1,000 and my hunting/fishing/guiding privileges are going to be revoke for 3 years because they are saying I was in possession of illegal deer because I was there and physically touched the animal. Even thought I was not the one who shot the deer. I was in possession of an illegal deer. My questions are if I were to fight this case do I have a chance? What should I look for in an attorney? Can they take my guides license as it is my form of income? And also one of my friends heard the warden which was there that night discussing this information with his father. Can they discuss a case in public like that? Now the rumors are all over our small community and about fifteen different stories which will probably ruin a good portion of my guides business?

Any information will help? If anybody knows any good lawyers in the northern half of Wisconsin please let me know.

 

[Michael Wechsler]

To begin, if you are guilty of a violation, it doesn't matter if it siginificantly affects your current livelihood... if it did then all would complain that they should never get punished for violations of law because they'll lose their source of income for convictions! That said, if an issue is so severe that it affects your income, while you can come here to discuss the issue... it is always imperative to obtain an attorney in this instance. Feel free to contact us at attorneys@thelaw.com for a reference to an experienced attorney within TheLaw Network.TM

Well, it sounds like here they may have known about your activity which may have been illegal. If you were in the hunting party and then were in "possession" of the deer, they might have nabbed you and it would be difficult to do something about it even though you seem to be one to be made an example. The typical argument is entrapment but it seems as that the argument might be difficult. The better argument is that you were never in possession of the deer -- it wasn't even you who shot the deer and it wasn't your deer. That isn't a bad argument and you may just have the hassle of being summonsed for an issue that is in a "good faith dispute." Yeah, I know what you are thinking. Perhaps this is one that can be beat or can be plead out for a small fine... but you should speak to an attorney.

The confession might be inadmissible but that doesn't change the fact that you are being charged because you were witnessed by an officer to be in "possession" of the deer. It's very arguable that you were not.

Best of luck to you!

 

[windwalker]

unlawful tag???

Was the deer unlawfully taged?

As a more than avid hunter I would haev to wander if the deer were tagged, was it tagged legally by hte hunter who killed it? Was the hunter who killed the deer a legal hunter? If not, yo uall could in deed be guilty of unlawful acts.

As a guide I would expect you to be up to date on all these procedures, especially if I were from out of state. It is your responsibility to make sure that those you guide obey the conservation laws. That is what makes you a credible guide. AT least in the circle I hunt with.

 

[zer0s0n5]

Actually you f#cked up. DNR can not, and I repeat can not detain anyone with-out proof of you actually shooting the deer (In Wisconsin). If he had a tag at the time then just bring that to court to get the case dropped... You also did not explain why the DNR officer did not let him prove to where his tag was at. Sounds like an over-zealous rookie, trying to make a name for himself. I'd also filed a complaint to the DNR about this particular officer.

This I know because I'm a very avid hunter in the state of Wisconsin. Also if you're on private property the DNR has to get premission to enter, and has to confirm your rights to enter the property. I've had a few run-ins with the Wi DNR.


Look for an attorney that will actually listen to your case.