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lawyer help

Discussion in 'Off Topic Threads' started by riss6270, Dec 17, 2010.

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  1. riss6270

    riss6270 TS Member

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    I need some help form someone who know about legal stuff.

    The day before thanksgiving went duck hunting with my dad, we were 500 yds from there we could hunt on the river. We ended up getting civil citations and must appear to court. Got the court order today in the mail. My qusetion is the citation number that was issued by the DNR does not match the number on the court order. One of the numbers is wrong. Could this error get me out of getting charged?
     
  2. Catpower

    Catpower Molon Labe TS Supporters

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    Might be one time in the 70's I got a speeding ticket, and the cop wrote down the wrong street on the ticket, and the judge dismissed it, but he also chewed my butt, but said that he couldn't find me guilty of a crime that I was not at

    Good Luck
     
  3. Tron

    Tron Supporting Vendor Supporting Vendor

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    I'm no lawyer, but I do remember an episode of Matlock where there was a similar type of situation and the judge (played by the guy who played Mr. Brady on the Brady bunch) had to dismiss the case.

    I hope this helps.
     
  4. shannon391

    shannon391 Active Member

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    I'm pretty sure your screwed.

    The DNR in my area is no longer the friend of the sportsman.
     
  5. GW22

    GW22 Active Member

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    Don't be an idiot, Tron -- Robert Reed has no jurisdiction over civil matters!

    -Gary
     
  6. SeldomShoots

    SeldomShoots Active Member

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    riss,

    The ticket presumably has an identification number, but what is the number on the summons? Is it a Cause or Case Number? Courts do not typically assign ticket numbers as a case or cause number. Would that by any chance be the difference or does the summons clearly identify that you are to appear in court for a ticket number issued to you that does not match your actual ticket number?

    John E.
     
  7. Tron

    Tron Supporting Vendor Supporting Vendor

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    Tom Bosley, to my knowledge was never in any episode of Matlock Gary. He was a one hit wonder with the success of Happy Days. Matlock was played by the guy who starred in the Andy Griffith show, whoever that was.
     
  8. GW22

    GW22 Active Member

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    Tom Bosley? Why are you bringing him up? I said Robert Reed. LOL.

    -Gary
     
  9. MikeyLikesIt

    MikeyLikesIt TS Member

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    you have a Pm.
     
  10. rd

    rd TS Member

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    Court case numbers have nothing to do with citation numbers. The law enforcement agency assigns a case number based upon the number of cases they have, usually dating from the first of the year. the court does the same thing , but they have usually several law enforcement agencies writing cases into the same court, so they can't possibly use the same scheme.
     
  11. Frank C

    Frank C Well-Known Member

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    the bigger question, were you legally hunting or not?
     
  12. Jerbear

    Jerbear TS Member

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    riss6260... JMHO.... I would delete your post and PM anyone about your case. They can and will use internet messages against you.



    just sayin.... Jerbear
     
  13. 221

    221 Banned User Banned TS Supporters

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    Fess up.....are ya guilty???????
     
  14. riss6270

    riss6270 TS Member

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    Well, theres no way around it. I was guilty. I have never had anything on my record and i dont want anything on it. I truthfully didnt know we were not alowed to hunt that part of the river. I hope the judge understands.
     
  15. quartering

    quartering Active Member

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    the judge is gonna bang his gavel and declare: "ignorance of the law is no excuse! guilty as charged! 90 days in the slammer! next case!" good luck with it
     
  16. oldgahchamp

    oldgahchamp Active Member

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    It's gonna end up pretty much the way " Quartering" described it. I have heard that famous quote "Ignorance of the law is no excuse" before. Larry
     
  17. HSLDS

    HSLDS Well-Known Member

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    While ignorance of the law is no excuse, was the area clearly marked as to being a 'no hunting zone?' Ambiguity or lack of clarity should go in your favor. Take pictures if need be.

    I live in PA and the Delaware River separates much of PA from NJ. Hunting & fishing laws extend from one bank to the other for each state, thus one would expect NJ laws to apply to NJ sportsmen all the way to the PA side of the river, and likewise for PA hunters.

    I know of two PA hunters who were sighted in PA by NJ DNR officers for violating NJ game laws (their actions were NOT illegal as to PA game laws). They had to fight it.

    Look into the law carefully, if there is ANY error or question the law should side with you. This doesn't always happen - often the local judge will drop the hammer with a 'guilty' verdict, but appeals are often more reasonable (I had this happen to me once for allegedly wearing an insufficient amount of orange - local judge was trying to send a message to the preserve I was hunting at, so summarily found me guilty - on appeal the judge was interested in exactly how much orange I had been wearing - when shown that it well exceeded the minimum requirements 'not guilty' came forth almost instantly).

    If you are worried - hire a lawyer - Evan Nappen is a great resource - he might help you - or perhaps put you in touch with someone local who can help.

    Good luck
     
  18. crusha

    crusha TS Member

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    Tron, you sure you aren't thinking of Ironsides? I can never keep those two straight...
     
  19. 221

    221 Banned User Banned TS Supporters

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    Short of being a smart ass,... but why......would you think it was ok to hunt where it was not clearly marked "AS" a "Public Hunting Area"?????

    Common practice and law where I live is, you have to have permission or be in a public hunting area......I don't believe, "NOT" being marked "No Hunting" gives anyone the right to do so......unless it's your land.

    They're private lands in southern Ohio where the property owners actually hire guards to keep hunters from over running their land.

    I'm not trying to place blame, but.....jus sayin......Talk nice to the judge.....it's not the end of the world.

    I know a whole family that was busted for hunting without a license.....they own considerable property and had permission from their neighbor to hunt his property...they actually worked some of his land....

    Long story short they followed the deer into their neighbours woods and the Game Warden busted everyone of them. The long version is hilarious......just can not be to cautious.

    %~)
     
  20. Auctioneer

    Auctioneer Well-Known Member

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    Cases that have been thrown out are: Miss spelling of a name, wrong time, wrong place, wrong day, wrong case number, wrong something. My mother went to court for speeding. The State Trooper read the wrong file and the case was thrown out. You can go to court and let the office do his song and dance. Let him do his thing. When its your turn then ask the officer what numbers he has and then point out the numbers you have. Do not let them know this ahead of time. Let things start and let the office open thing up first. Let us know how you do.
     
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