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Posted

Okay, Plexglove . . . . whatever. You got some advice, but I don't think its 190% spot-on :yaeh-am-not-durnk: , but go ahead and fight it - I DO think you got a good chance of getting it thrown out. But first take ole Pauls advice and ditch the attitude. It ain't gonna help your case. You got busted for having some fun snagging paddlefish and don't be going in to the judge and spouting all this goofy advice you got.

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Posted

3. It doesnt matter what I catch, how many of them I catch, if I move or not, or what the agent "thinks" i am doing, I cannot be ticketed as long as I "claim" I am snagging for gar in season. The Judge told me I could have pulled 100 of those things out right in front of the agent and not caught one gar and he would still throw that ticket out...He said, from his experience dealing with conservation agents, is that they are just Country boy cops with a power trip and they like to harass people!

Well since it's all about your rights and what you can get away with and you're so sure you'll win and it's all about you you you, I guess I'm pretty glad you got gobsmacked and I hope you get it even worse next time.

Good for the CO who recognized that you didn't give a flying turd about staying off a vulnerable fish out of season and who made your life a little harder.

Maybe you'll get to beat a nice deep path to the judge's door over the years with that attitude of yours and you can get all those tickets thrown out over and over and over again...since that's all that matters to you. More power to country boy cops and please do spout off like this at the judge. Better yet, hire a lawyer. A real, real, expensive one who'll milk you the way you deserve.

Posted

Hav;ing been around more than a few Conservation Agents in my life, I can assure you they are for the most part good folks who have a tough job to do. Some times there is a problem area such as below Spfld lake where paddle fish are often intentionally snagged and kept illegally. As for hiding in the woods being entrapment not even remotely close to entrapment. Its called surveillance, and they can have another agent issue the ticket on their information and it will be solid as concrete. The issue on your case is whether or not you you broke the law, personally I would say no you didn't,y mabybe roughed up the spirit a little but didn't break it. Sometimes on those grey areas the Agents write a ticket and let the judge decide the issue especially if its in a problem area like below Spfld lake. Trust me an agent doesn't like grey areas either, it makes their job much easier if its in clean black and white print.

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Posted

The reason you were issued the ticket has been accomplished. Whether you "win" or "lose" the objective has been achieved.

You were at the very least utilized as a deterrence.

No matter the outcome, you will at least have the pictures for first person show & tell.

Hey, there's always next year!

Posted

Ok, so I have spoken with a lawyer and my best friends dad who is a judge (in another state), this is what I have been told.

1. The agent hiding in the woods is not legal evidence in the court room, that agent was doing what is called "entrapment" You can not hide out unknowingly and wait for people to mess up. I was told, they usually get away with this because they will lie and say they were just walking through the woods when they "noticed" illegal activity. Also, being that that agent did not come down and state anything on record, then according to the law, no other officer can ticket me, only the witnessing officer...that goes for Conservation and Police

2. Take/attempt to take, means "take home" not "catch" and being that i did not attempt or have them on a stringer, or bring them anywhere near a vehicle, the ticket is for the wrong thing! (just because of the wrong wording on the ticket my charges will be dropped)

3. It doesnt matter what I catch, how many of them I catch, if I move or not, or what the agent "thinks" i am doing, I cannot be ticketed as long as I "claim" I am snagging for gar in season. The Judge told me I could have pulled 100 of those things out right in front of the agent and not caught one gar and he would still throw that ticket out...He said, from his experience dealing with conservation agents, is that they are just Country boy cops with a power trip and they like to harass people!

So,my ticket will be thrown out fast, and I also spoke with them about the other guy who got ticketed. My lawyer is gonna find out who he is and we are going to contact him and get his taken care of, and in his case he can turn around and sue the conservation dept. Giving him a ticket was 190% illegal according to EVERYONE i have spoke with. He did NOT snag the fish, he did NOT touch the fish, so he has NO liability in this....I told the agent that but he said too late, his partner already ticketed him!

And people wonder why people dont have respect for cops and other authority figures....it is situations like this, where they use their power to hurt others for no reason! And you can claim all day long that he was doing this in the "spirit of the law" but we all know that is bs. They just wanted to ticket some poeple so it looked like they were doing their jobs.... Just like last night when they came and harassed the mexicans fishing, had their hand behind their heads and all, they did nothing wrong!

Also, someone wrote, if I were really innocent then why wouldnt I fight it? Well because this country doesnt run on innocent and guilty anymore. I have witnessed 100 crimes go unpunished in my life and 100 innocent people be punished for not doing anything. Just because you are innocent does not mean you will be set free! I know a girl about 3 years ago who was downtown and the car parked next to hers left their keys on the roof of the car, so she grabbed them and opened the door and put them in the glove box, she then got back in her car to write a note to tell the people when a cop came up and told her to exit the car, she asked why and he pulled his gun....needless to say he was a real winner...She got charged with tampering, and attempted auto theft. She even got a lawyer and could not get out of it, her first offense ever, she did 3 months in jail and 2 years probation and a $1000 fine. Doesnt really seem fair huh? Cop lied and said there were no keys on the car, that he watched her jimmy the lock to get in then watched her search for the keys when she spotted him she got back in her car...even the people who owned the car said they left the keys there. Didnt matter, judge didnt believe her!

So, that is why I dont always fight something just because i am innocent....plus, i dont start a fight i know i wont win!

*in CWF's illegal bass buying Asian voice* You tew funny Mista Prexrove!

I agree that you could fight it and win, (and I definitely would) but NOT for the nonsense you just spewed. You will get off of nothing if you take that reasoning in front of a judge or to the prosecutor.

I have spent most of my money on fly fishing and beer. The rest I just wasted.

xfcakj.jpg

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Posted

Hey plexlove,

Coupla things from your legal friends don't sound too solid:

1) Hiding in the bushes isn't entrapment. Setting up a situation that coerces someone into breaking the law is entrapment.

2) 'Attempt to take' doesn't mean take home. 'Take' means take home. It's against the law to try to poach. It's also against the law to try to rob a bank. You don't have to get home with the money to get put in the slammer.

3) Just claiming you weren't trying to snag paddlefish doesn't offer a bullet-proof defense. I'm sure there is legal precedence, because I feel certain somebody along the way has caught or shot something out of season, and didn't get off by saying it was an accident.

And, any judge who paints all CA as country boy cops with a desire to harass people is a knucklehead. Sorry if this guy's related, but that's just nonsense.

Anyhoo -- good luck.

John

Posted

Places with good ol country boy cops also have good ol country boy judges so it would be best to go into court humbly and respectably, cockyness will make the ticket stick. If plex thinks he needs a lawyer to win this case then maybe he was doing something wrong, I'd take the truth into court, present it in a reasonable manner and he should get off. I sure wouldn't pay several hundred dollars for a lawyer to fight this thing, if this happens the only one who wins is the darn lawyer.

"The problem with a politician’s quote on Facebook is you don’t know whether or not they really said it." –Abraham Lincoln

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Posted

Places with good ol country boy cops also have good ol country boy judges so it would be best to go into court humbly and respectably, cockyness will make the ticket stick. If plex thinks he needs a lawyer to win this case then maybe he was doing something wrong, I'd take the truth into court, present it in a reasonable manner and he should get off. I sure wouldn't pay several hundred dollars for a lawyer to fight this thing, if this happens the only one who wins is the darn lawyer.

X2

Today's release is tomorrows gift to another fisherman.

Posted

X2

x1.5

John

Posted

x1.5

You had to crowd in didn't you, couldn't go to the back of the line to 3X.:lol:

Today's release is tomorrows gift to another fisherman.

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