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#170569 - 04/03/09 07:58 PM A warning and asking for advice
Wheels Offline
Journeyman

Registered: 12/19/08
Posts: 55
Loc: Central Virginia
First, the warning - it is illegal to possess a bow in your vehicle in a national park unless the bow is either unstrung or in a case (not sure about whether you need a lock).

Asking for your advice - my 19 year old son had a bow in his truck which a park ranger saw when he asked my son why he was in an area after dark (yes, he shouldn't have been there but he was leaving and was doing nothing else wrong). My son is as much of a knucklehead as any average 19 year old but he's a good knucklehead and has never been in trouble beyond a curfew violation when he was 16. Federal Court levied a $500 fine against him. He's trying to live on his own and is broke all the time. I think the fine is way too high. Any of you have any experience with something like this? I'm considering paying part of the fine - otherwise he might have to move back home **shudders**.

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#170571 - 04/03/09 08:11 PM Re: A warning and asking for advice [Re: Wheels]
clearwater Offline
Old Hand

Registered: 03/19/05
Posts: 1177
Loc: Channeled Scablands
Make sure someone pays it.

My buddy's son did a similar thing, but didn't pay and
ended up in the pokey for the night. When the kid's friend
borrowed his truck and did something else stupid (illegal)
the kid got in trouble for that. Things just kind of snowballed
and he got kicked out of college for his criminal record.

He had to move back in with Dad for awhile.

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#170572 - 04/03/09 08:17 PM Re: A warning and asking for advice [Re: Wheels]
Dagny Offline
Pooh-Bah

Registered: 11/25/08
Posts: 1918
Loc: Washington, DC
Was this a national park?

Did your son appear before the Judge? Did he have the option to? Did he make a statement before the court, in person or in writing? Did he plead innocent or guilty?

If the court has already ruled in this case I think your only legal option is to appeal.

But I think I'd chalk this all up as an expensive lesson for your son. Even if you pay part of the fine for him now (probably a bargain compared to him moving home and eating your groceries), he should pay you back eventually.

To express your opinion on the fine, you should write a letter to the Park Superintendent, the head of the National Park Service, the U.S. Secretary of the Interior, your two U.S. Senators and your congressional representative.

Shenandoah National Park, which we frequent, has an awful time with poachers -- who have even decapitated deer in the campground for the sake of a trophy rack of antlers. So I am sympathetic with the need for big fines and vigilant enforcement. The rangers have to be suspicious and tough.


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#170581 - 04/03/09 11:40 PM Re: A warning and asking for advice [Re: Dagny]
Wheels Offline
Journeyman

Registered: 12/19/08
Posts: 55
Loc: Central Virginia
Originally Posted By: Dagny
Was this a national park?

Did your son appear before the Judge? Did he have the option to? Did he make a statement before the court, in person or in writing? Did he plead innocent or guilty?


It was a National Park about 7 miles from his house and ours. The Ranger figured he would want the bow and arrows back so he made it mandatory that my son appear before a judge (the only way to get the stuff back). He pleaded guilty - the Ranger all but promised he would get a fairly light fine. What burns is that all the cases that morning were National Park cases and of the drugs, damage to park property, and DUI - my son's case and the DUI were tied for the highest fine.

Yes, I know I'm whining. It does make me feel a little better though smile.

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#170585 - 04/04/09 12:28 AM Re: A warning and asking for advice [Re: ]
Dagny Offline
Pooh-Bah

Registered: 11/25/08
Posts: 1918
Loc: Washington, DC
Originally Posted By: IzzyJG99
The judge looked at me, looked at my lawyer and looked at the FWC Officer. He scolded the FWC Officer and then apologized to me for the trouble and...ordered that court costs be waived and the fine as well. My lawyer said I could sue the FWC Officer for violation of civil rights, but it ain't worth the trouble.


Good for you. Crimeny, law enforcement 101. Did they pay for your attorney?

Lots of peops keep their golf clubs in their car.


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#170601 - 04/04/09 05:40 AM Re: A warning and asking for advice [Re: ]
LED Offline
Veteran

Registered: 09/01/05
Posts: 1474
Izzy, thats a disturbing story. Can you imagine if those morons had been accused of a more serious violation? Glad it worked out okay. And Wheels, sucks for your son and the hefty fine, wish I had some useful advice.

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#170614 - 04/04/09 02:43 PM Re: A warning and asking for advice [Re: Wheels]
UncleGoo Offline
Enthusiast

Registered: 12/06/06
Posts: 390
Loc: CT
It sounds like your son went to court without an attorney.

DO NOT GO TO COURT WITHOUT AN ATTORNEY. EVER.

If you don't do anything else, make sure that fine gets paid on time, even if you have to help. Failure to pay will rack up another charge.

I imagine the officer downplayed the amount of the fine, either because your son was cooperative and he expected to include that in his case report, or because your son was upset and the officer needed him to calm down. The police officer making the arrest can suggest what type of judgement is appropriate, but the judge sets the final penalty.

I am not employed by NPS, but I can give you an idea of the thought processes involved in my area:

Bowhunters, and hunters in general, are expected to know the laws for the areas in which they carry their equipment. If the equipment is accessible and/or loaded, they are ready to hunt; if the equipment is cased, they are considered in transit, or not ready to hunt.
For example, Connecticut Statute 26-85: "...jacklight(ing) shall be construed as any artificial light when used...with...a rifle...a shotgun or...a bow and arrow...in any area frequented by deer...during the period from one-half hour after sunset to sunrise..." Artificial lights include car headlights.

After dark, people who are in areas which are posted "closed after dark," are trespassing. Yes, there are exceptions. "I was just leaving" is generally not one of them.

I am surprised at the amount of the fine, given your account. My guess is that there is an aggravating issue, be it regular poaching in the area, or something else.

Again, make sure the fine gets paid for your son's sake. Maybe get him a case for the bow.






_________________________
Improvise,
Utilize,
Realize.

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#170626 - 04/04/09 10:10 PM Re: A warning and asking for advice [Re: ]
Erik_B Offline
Enthusiast

Registered: 08/10/07
Posts: 315
Loc: Somewhere in my own little wor...
Originally Posted By: IzzyJG99
An equally odd rule here in the state of Florida is this..

If you are crossing over protected land where fishing is not permitted and you have fishing equipment on you (Even emergency kit based) you get fined. A friend of mine was doing a thru hike from Alexander Springs through Juniper Springs and into Hopkins Prairie. Along the way you cross through three areas. He's a fisherman and planned on catching fish to eat once or twice on the four day trip, but if he had been stopped on those selected parts of the trail that are protected lands...he would've been fined. Which is a bit silly.


now that IS stupid, and sounds like a deliberate trap to me.


Edited by Erik_B (04/04/09 10:11 PM)
_________________________
Originally Posted By: scafool
Camping teaches us what things we can live without.


Originally Posted By: ironraven
...Shopping appeals to the soul of the hunter-gatherer.

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#170631 - 04/05/09 12:13 AM Re: A warning and asking for advice [Re: UncleGoo]
Wheels Offline
Journeyman

Registered: 12/19/08
Posts: 55
Loc: Central Virginia
Originally Posted By: UncleGoo
It sounds like your son went to court without an attorney.

DO NOT GO TO COURT WITHOUT AN ATTORNEY. EVER.



He had an excellent attorney. His attorney, the prosecutor, and the Ranger met before the hearing and all seemed good ... a small fine to make sure he understood the issue and not repeat it. The Magistrate had been on the bench for a total of two weeks. She lectured at length about the possibility of an arrow hitting a person or an animal and how devastating that would be. I wonder what will happen in her courtroom when the next person actually has a bow out of their car? As a veteran LEO friend of mine said - "yeah, those bows don't have safeties on them" (he was disgusted by the size of the fine). OK, I'm whining again. This is my last reply for this post. Thanks to all for their good advice.

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#170633 - 04/05/09 12:41 AM Re: A warning and asking for advice [Re: Wheels]
JohnE Offline
Addict

Registered: 06/10/08
Posts: 601
Loc: Southern Cal
Appeal the amount of the fine, hell, appeal the verdict even if you ageed to it beforehand. That sounds like judicial misconduct to me. Even Federal magistrates have to answer to their bosses.

JohnE
_________________________
JohnE

"and all the lousy little poets
comin round
tryin' to sound like Charlie Manson"

The Future/Leonard Cohen


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