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  1. #1
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    Apr 2020
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    2

    Default Unlawful Taken of Fish Class 2 Misdemeanor

    My question involves criminal law for the state of: Arizona

    I received a criminal ticket from a Arizona Game warden for the use of a third fishing pole, like a bone head I picked up a third fishing pole with a spinner and had cast out just as the warden came down the hill. At the time I did not argue or dispute the use of the third rod, talking with the warden he said at the time it would be a simple fine that I could call the Courts about in a week to set up payment and that it was a minor issue. Will after a week I called the court and said I wanted to pay my fine but was informed of my choice to plead guilty or not guilty. At that time I said I wished to plead guilty to put it behind me. so the lady on the phone said she would email me the forms. After receiving the forms I had a question because it said I was charged with unlawful taken of fish and that it was criminal act and a misdemeanor offence. The categories were class 1-3 and petty offence which I assumed it would be for using a third rod, I had made a mistake but nothing really criminal. My wife told me to call and make sure so I called and asked them how do I find out what the misdemeanor was, she said a class 2 and I was shocked. 750 dollars/probation 2 years or 4 month in jail for using a third rod. I asked the women if I could talk to someone and she informed me only way would be to file not guilty and talk to judge during the pre-trail conference. Since then wife thinks I should just file the guilty plea and have faith courts wont go overboard. My question is should I just do the guilty plea by mail hope for the best or go to the pre-trail conference and see if anyone there will talk to me about this and explain my side of the story. I’ve never been in this situation before and I’m not sure what to do. I’ve tried calling several law firm for a consultation but I don't know if its the covid situation but I’m not getting calls back, could it be because this isn't that big of a deal and I’m over reacting. Any insight into this would be greatly appreciated.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Unlawful Taken of Fish Class 2 Misdemeanor

    Your wife is wrong. Never have faith in the criminal court system. And never believe anything a court clerk tells you. Pleading guilty will give you a criminal record that will mess up your life for a long, long time.

    I suggest you plead not guilty and hire a lawyer. Do not go to the pre-trial conference without one.

    This is serious s--t you've gotten into.

    Stop asking for consultations. Say "I've been charged with ____. I want you to defend me."

    The lawyer will cost you plenty but not as much as a lifetime with a criminal record.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Unlawful Taken of Fish Class 2 Misdemeanor

    I afree with AJ. If you are charged with a misdemeanor you NEED an attorney. As minor as a class 2 might seem or the minimal penalties agreed to, it may haunt you for years.

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Unlawful Taken of Fish Class 2 Misdemeanor

    Quote Quoting jfelajr
    View Post
    My question involves criminal law for the state of: Arizona

    I received a criminal ticket from a Arizona Game warden for the use of a third fishing pole, like a bone head I picked up a third fishing pole with a spinner and had cast out just as the warden came down the hill. At the time I did not argue or dispute the use of the third rod, talking with the warden he said at the time it would be a simple fine that I could call the Courts about in a week to set up payment and that it was a minor issue. Will after a week I called the court and said I wanted to pay my fine but was informed of my choice to plead guilty or not guilty. At that time I said I wished to plead guilty to put it behind me. so the lady on the phone said she would email me the forms. After receiving the forms I had a question because it said I was charged with unlawful taken of fish and that it was criminal act and a misdemeanor offence. The categories were class 1-3 and petty offence which I assumed it would be for using a third rod, I had made a mistake but nothing really criminal. My wife told me to call and make sure so I called and asked them how do I find out what the misdemeanor was, she said a class 2 and I was shocked. 750 dollars/probation 2 years or 4 month in jail for using a third rod. I asked the women if I could talk to someone and she informed me only way would be to file not guilty and talk to judge during the pre-trail conference. Since then wife thinks I should just file the guilty plea and have faith courts wont go overboard. My question is should I just do the guilty plea by mail hope for the best or go to the pre-trail conference and see if anyone there will talk to me about this and explain my side of the story. I’ve never been in this situation before and I’m not sure what to do. I’ve tried calling several law firm for a consultation but I don't know if its the covid situation but I’m not getting calls back, could it be because this isn't that big of a deal and I’m over reacting. Any insight into this would be greatly appreciated.
    It took me a long time reaching the Arizona statutes and administrative code to track down what you were cited for. My guess is Section R12-4-313 - Lawful Methods of Take and Seasons for Aquatic Wildlife.

    Section R12-4-313 - Lawful Methods of Take and Seasons for Aquatic Wildlife

    A. Subject to the restrictions of this Section, a person may take aquatic wildlife during the day or night using artificial light as prescribed under A.R.S. § 17-301. When a fish die-off is imminent or when otherwise deemed appropriate, the Commission may designate a special season by Commission Order to allow fish to be taken by hand or by any hand-held, non-motorized implement that does not discharge a projectile.

    B. A person who possesses a valid Arizona fishing license may take aquatic wildlife by angling or simultaneous fishing as defined under R12-4-301 with any bait, artificial fly, or lure subject to the following restrictions:

    1. Except for sunfish of the genus Lepomis, the flesh of game fish may not be used as bait.

    2. Live baitfish, as defined under R12-4-101, may only be used in designated areas prescribed by Commission Order and designated areas may subsequently be closed or restricted by Commission Order.

    3. Waterdogs may not be used as live bait in that portion of Santa Cruz County lying east and south of State Highway 82 or that portion of Cochise County lying west of the San Pedro River and south of State Highway 82.

    4. Shall not use more than two lines at any one time.

    5. The Commission may further restrict the lawful methods of take on particular waters by designating one or more of the following special seasons by Commission Order:
    R12-4-301
    “Simultaneous fishing” means taking fish by using only two lines at one time and not more than two hooks or two artificial flies or lures per line.
    So from your post, you did indeed violate R12-4-313 by casting out that third line.

    17-341. Violation; classification

    A. It is unlawful for a person to knowingly purchase, apply for, accept, obtain or use, by fraud or misrepresentation a license, permit, tag or stamp to take wildlife and a license or permit so obtained is void and of no effect from the date of issuance thereof.

    B. Any person who violates this section is guilty of a class 2 misdemeanor.
    13-707. Misdemeanors; sentencing

    A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations:

    1. For a class 1 misdemeanor, six months.

    2. For a class 2 misdemeanor, four months.

    3. For a class 3 misdemeanor, thirty days.

    B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has been convicted of one or more of the same misdemeanors or petty offenses within two years next preceding the date of the present offense shall be sentenced for the next higher class of offense than that for which the person currently is convicted. Time spent incarcerated within the two years next preceding the date of the offense for which a person is currently being sentenced shall not be included in the two years required to be free of convictions.

    C. If a person is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the court shall determine the existence of the previous conviction. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section 28-1387, subsection A.

    D. A person who has been convicted in any court outside the jurisdiction of this state of an offense that if committed in this state would be punishable as a misdemeanor or petty offense is subject to this section. A person who has been convicted as an adult of an offense punishable as a misdemeanor or petty offense under the provisions of any prior code in this state is subject to this section.

    E. The court may direct that a person who is sentenced pursuant to subsection A of this section shall not be released on any basis until the sentence imposed by the court has been served.
    I would not be pleading guilty. Find an attorney. Call the state's bar association and find one that is familiar with fish and wildlife regulations.

  5. #5
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Unlawful Taken of Fish Class 2 Misdemeanor

    I would consult an attorney but not necessarily retain him/her.

    Expect fines for what you did to be high...all Fish and Game offenses come with big fines. But what you did is trivial in comparison to shooting a grizzly bear without tags and out of season...if you can ever shoot one.

    I would believe the officer that it is not a big deal. I would also appear for the pre-trial/arraignment without an attorney and ask the prosecutor to reduce the charges to an infraction. You are a small fish and prosecutors don't have time to make an example out of you. If you do not have any priors with Fish and Game I'd say he will reduce the charges. If he does not reduce the charges, do what he does not want you to do, plead not guilty and ask for a trial. Believe me, the prosecutor does not want this going to trial. He wants it out of his courtroom and done with.

    My experience with what you are facing: About fifteen years ago I was arrested and charged with misdemeanor vandalism for cutting a hole in a temporarily and illegally posted Walmart sign when Walmart was campaigning to build a new store in Vista, CA. I contacted my attorney and he said my best bet would be for me to ask for the charges to be reduced to an infraction, which the prosecutor quickly did, probably because I had no criminal record, no priors, no traffic tickets...nothing. And the prosecutor wanted it done with. It was easy and seamless, just like your officer described your situation. Besides, how could the officer not know how his buddy, the Prosecutor, handles these type of charges? He does!

    It is easy to advise someone to spend an extra couple grand on a lawyer when it is not their money being spent. The fines and jail times are max penalties, which are for repeat offenders. Hopefully that is not you. However, if you are in a line of work that a misdemeanor would hurt you, lawyer up. I was not. So I wouldn't...and I didn't...and it worked out fine.

    Also, visit hunting and fishing forums to ask your questions. They'd probably have much more actual experience with your citation.

  6. #6
    Join Date
    Apr 2020
    Posts
    2

    Default Re: Unlawful Taken of Fish Class 2 Misdemeanor

    Thank you very much for finding this info, ive look everywhere to find this.

    You are correct this is my first ever violation, originally I thought this would be a simple matter, pay a fine move along. But after I found out that this is considered a criminal act and a class 2 misdemeanor I have been trying to figure out what to do. At first it was well you screwed up and take your punishment but it a class 2 misdemeanor really fit this kind of brain fart on my part. Yeah I shouldn't have picked up that third rod and made those casts but after 2 and half hours of nothing and trying to figure out what those darn trout wanted I got so focused on the problem I didn't even occur to me. Harold99 Thank you for the insight. I believe what Ill do is contact a local attorny and see what they say. find info on this stuff had been hard. I have to believe that the system isn't out there looking to screw people over for making stupid mistakes. Ill update after all this is done.

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