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  #1  
Old 11-16-2016, 9:40 PM
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Default Help needed ...Hunting citation....Update post #1...still need help

Hi fellow Calgunners ,
I went hunting with for quail and I mistakenly shot western meadulark , it was an honest mistake .
The ranger came and asked to see what I have and I showed him the bird and told me it's not quail and got cited for $600 .
He marked that I need to pay within 30 days or appeal it.
I need your advice about if I just better to pay it or go to court?
will this affect on my ccw and do I need to let the issuing agency know about this ticket within 10 days?
By the way I was cited for 16 USC 703
will this stay in my record?
Thanks guys.
.................................................. .................................................. ...........

So I got a call today from the court the person who called me said she is from public defense and she asked me if I will appear in court next week , I told her yes , she advised me to just pay the ticket is better than appear in court because if I plead guilty that I may charged with misdemeanor class b and up to 15000 $ in fine or 6 months in jail or both.
I need your advise please.
Thanks again.

Last edited by faris1984; 02-07-2017 at 10:09 PM..
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Old 11-16-2016, 10:09 PM
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Originally Posted by faris1984 View Post
Hi fellow Calgunners ,
I went hunting with for quail and I mistakenly shot western meadulark by mistake , it was an honest mistake .
The ranger came and asked to see what I have and I show him the bird and told me it's not quail and got sited for $600 .
He marked that I need to pay within 30 days or appeal it.
I need your advise about if I just better to pay it or go to court and explain it to judge.
will this affect on my ccw and do I need to let the issuing agency know about this ticket within 10 days?
By the way I was cited for 16 USC 703
will this stay in my record?
Thanks guys.
I know this stuff happens but just curious, So after you shot it, you kept it thinking it was a quail? Or you shot it, realized it wasn't a quail and didn't want it to got to waste? At best my guess would be maybe a fine reduction. What do I know though. Sorry to hear that but Keep us posted.
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Old 11-16-2016, 10:11 PM
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Originally Posted by TheDadLife View Post
I know this stuff happens but just curious, So after you shot it, you kept it thinking it was a quail? Or you shot it, realized it wasn't a quail and didn't want it to got to waste? At best my guess would be maybe a fine reduction. What do I know though. Sorry to hear that but Keep us posted.
Thanks for your input, I will keep you guys posted and I hope I can do something about it.
I was still thinking it was a common quail because it looks very like a quail.

Last edited by faris1984; 11-16-2016 at 10:13 PM..
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Old 11-16-2016, 10:35 PM
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You shot a western meadowlark?
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Old 11-16-2016, 10:37 PM
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You shot a western meadowlark?
Yes , I know I'm stupid.
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Old 11-16-2016, 10:47 PM
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Change your go fund me from a dog to paying your game crime fine
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Old 11-16-2016, 10:49 PM
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Pay the stupid tax
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Old 11-16-2016, 10:50 PM
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Change your go fund me from a dog to paying your game crime fine
Like I said , I didn't know and it was a mistake , people make mistake.

Say good or shut up your mouth.
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Old 11-16-2016, 10:51 PM
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Notify your IA and pay the fine, nothing to fight. You may be able to get a reduction but if you can afford it, pay it
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Old 11-16-2016, 10:52 PM
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Notify your IA and pay the fine, nothing to fight. You may be able to get a reduction but if you can afford it, pay it
Thanks for your input , I will do first thing in the morning tomorrow.
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Old 11-16-2016, 10:52 PM
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1) Learn what a quail looks like. I really don't see the resemblance.

2) Go to court. Many moons ago I shot a coyote (where coyote wasn't available for take). $250 got dropped to $50. I had a friend get popped (really was unintentional) for a barbed hook (ocean salmon). Judge waived the fine if he bought a lifetime license. I think the judges are more interested in hardened poachers.
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Old 11-16-2016, 10:56 PM
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Originally Posted by faris1984 View Post
Yes , I know I'm stupid.
Not stupid, surely a mistake. I would think a reduced fine would be in order.
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Old 11-16-2016, 11:06 PM
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Things to look up

Make 100% certain what bird you are being cited for.....You stated a Western meadulark....looks like it has a bright yellow breast https://www.allaboutbirds.org/guide/..._Meadowlark/id
Is that bird listed as a non-game bird.... may not be illegal to shoot
Is that bird listed as a non game migratory bird...illegal

Call the Calif DFW and find out if what you shot ( once you identify it) is a non-game bird and legal to shoot


Things to do without a lawyer
Go to court....this may be a misdemeanor on your record, be truthful about your mistake and don't try to justify it, ask to get the citation reduced to a violation. The judge may reduce the fine also.
You need to find out if you are being charged with a misdemeanor.

Last edited by Thefeeder; 11-16-2016 at 11:21 PM..
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Old 11-16-2016, 11:12 PM
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Originally Posted by Thefeeder View Post
Things to look up

Is that bird listed as a non-game bird.... may not be illegal to shoot
Is that bird listed as a non game migratory bird...illegal


Things to do without a lawyer
Go to court....this may be a misdemeanor on your record, be truthful about your mistake and don't try to justify it, ask to get the citation reduced to a violation. The judge may reduce the fine also.
You need to find out if you are being charged with a misdemeanor.
Thanks for your advise , the ranger told me just pay the fine and he understand that its a mistake and does not make me a bad hunter.
How to find if I am being charged with misdemeanor?
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Old 11-17-2016, 12:01 AM
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Quote:
Originally Posted by JagerDog View Post
1) Learn what a quail looks like. I really don't see the resemblance.

2) Go to court. Many moons ago I shot a coyote (where coyote wasn't available for take). $250 got dropped to $50. I had a friend get popped (really was unintentional) for a barbed hook (ocean salmon). Judge waived the fine if he bought a lifetime license. I think the judges are more interested in hardened poachers.
^^This. Tough break, but a learning experience. Go to court (prepared) and accept/pay the fine, possibly reduced. For the future, here's a link to a good source for hunting quail. https://nrm.dfg.ca.gov/FileHandler.a...D=23230&inline
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Old 11-17-2016, 4:25 AM
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Pay up, and learn your game animals as well as your upland game. You screwed up and got caught. You should have never touched that bird when you saw what it was.
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Old 11-17-2016, 6:11 AM
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Reminds me of a guy who shot a limit of pheasants.......turned out to be 3 road runners
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Old 11-17-2016, 7:07 AM
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Originally Posted by XVIga_Rob View Post
^^This. Tough break, but a learning experience. Go to court (prepared) and accept/pay the fine, possibly reduced. For the future, here's a link to a good source for hunting quail. https://nrm.dfg.ca.gov/FileHandler.a...D=23230&inline
^^^That is a GOOD read!^^^.
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Old 11-17-2016, 7:21 AM
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Originally Posted by TheDadLife View Post
At best my guess would be maybe a fine reduction.
I thought for a second you were giving him a meadowlark recipe.duh.
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Old 11-17-2016, 7:24 AM
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This is a good lesson to you that could have been much more costly. Sometimes hawks will flush out of the grass. If you shot one of those thinking it was a pheasant and got caught, I'd imagine you'd be in a world of trouble.

Does the citation not say whether it was a misdemeanor or infraction? You need to do some research on your own or hire a lawyer.

If you're not capable of that, I can point you to my first google search of your violation. Keep in mind I have no legal background-- just a guy on the internet.

https://www.law.cornell.edu/uscode/text/16/707
Under:
16 U.S. Code Subchapter II - MIGRATORY BIRD TREATY
(a) Except as otherwise provided in this section, any person, association, partnership, or corporation who shall violate any provisions of said conventions or of this subchapter, or who shall violate or fail to comply with any regulation made pursuant to this subchapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $15,000 or be imprisoned not more than six months, or both.
(b) Whoever, in violation of this subchapter, shall knowingly—
(1) take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or"

Basically that says misdemeanor.


The thing that confuses me is that you have a $600 fine written in. The guy who cites you is not a judge and as I understand cannot set the fine amount on a misdemeanor charge. That is the judge's job. So I'd lean toward thinking you have an infraction.
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Last edited by Standish; 11-17-2016 at 7:50 AM..
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Old 11-17-2016, 7:37 AM
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The worst the judge can say is, "Guilty - pay it." (well...unless things get cantankerous in court).

The part I don't understand (and the judge may not either) is why you had it in your bag. A flushing bird and a reactive shot is one thing...a dead songbird with no topknot in your bag is quite another.
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Old 11-17-2016, 7:45 AM
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Originally Posted by faris1984 View Post
The ranger came
Rangers are only in State Parks to my knowledge. Did you mean a Game Warden?

Where were you hunting?

I ask because hunting is not allowed in a State Park and this could have further repercussion with your citation.
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Old 11-17-2016, 7:51 AM
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S--- happens. Talk to an attorney (should at least consult for free) - there are some in CA that specialize in game violations, so you might want to start there to see exactly how boned you are/aren't.

If it's an infraction, pay up, suck it up, learn something, and move on. If it's a misdemeanor, you probably want to go to court with counsel.

Contact your IA immediately so there's not even a hint of a suggestion of a coverup/bad faith, and take those lumps, too. I can't see them yanking your permit for something like this. It's not like you shot a doe in the middle of March in your yard over a salt lick.
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Old 11-17-2016, 7:57 AM
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Originally Posted by Standish View Post
Rangers are only in State Parks to my knowledge. Did you mean a Game Warden?

Where were you hunting?

I ask because hunting is not allowed in a State Park and this could have further repercussion with your citation.
Yes I meant game warden
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Old 11-17-2016, 8:03 AM
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Quote:
Originally Posted by faris1984 View Post
Yes I meant game warden
That's good.

Quote:
Originally Posted by edwardm View Post
S--- happens. Talk to an attorney (should at least consult for free) - there are some in CA that specialize in game violations, so you might want to start there to see exactly how boned you are/aren't.

If it's an infraction, pay up, suck it up, learn something, and move on. If it's a misdemeanor, you probably want to go to court with counsel.

Contact your IA immediately so there's not even a hint of a suggestion of a coverup/bad faith, and take those lumps, too. I can't see them yanking your permit for something like this. It's not like you shot a doe in the middle of March in your yard over a salt lick.
I'd go with this advice.
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Old 11-17-2016, 8:12 AM
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I thought for a second you were giving him a meadowlark recipe.duh.
Straight gold! That was a good one.
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Old 11-17-2016, 8:15 AM
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Originally Posted by faris1984 View Post
Thanks for your advise , the ranger told me just pay the fine and he understand that its a mistake and does not make me a bad hunter.
How to find if I am being charged with misdemeanor?
You would know if you are being charged with a misdemeanor. You are not. You would have been arrested and booked into County Jail and have a mugshot taken. I dont think any of that happened to you. Misdemeanor is a criminal offense not a citation. You would be looking at jail time and probation as well, not just a fine.

Last edited by lightcav; 11-17-2016 at 8:17 AM..
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Old 11-17-2016, 8:23 AM
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You would know if you are being charged with a misdemeanor. You are not. You would have been arrested and booked into County Jail and have a mugshot taken. I dont think any of that happened to you. Misdemeanor is a criminal offense not a citation. You would be looking at jail time and probation as well, not just a fine.
That's not true. You do not have to be taken into custody to be charged with a misdemeanor.

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I thought for a second you were giving him a meadowlark recipe.duh.
LOL
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Old 11-17-2016, 8:27 AM
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Where were you hunting exactly?
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Old 11-17-2016, 8:48 AM
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Surely this is a troll, no?? A meadowlark?!

Best thing to do in this situation is to dig a tiny hole, say a few words, shed a tear, and put the little fella to rest. Don't carry the thing around.

Some might call this approach dishonest but if it was an error and learned from it, why the hell should you also pay $600 etc etc. F THAT. And F the warden for slapping you with that kind of fine. That's almost as much as taking down a doe. Talk about draconian!
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Old 11-17-2016, 9:17 AM
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^^^That is a GOOD read!^^^.
Once upon a time fish and game would sent you a nice bound copy for the asking.
It's a good guide.
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Old 11-17-2016, 9:25 AM
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Caution to anyone going for 2nd dove, Meadowlarks like to hang with the doves in fields and will flush with them, and have a similar size.


Don't worry about it OP. You killed it, pay the fine.

Also start applying for duck ressies, I had a buddy get a fine and he was pulling a ressi every weekend.

I myself was fined this year for having too many fish in possesion. I thought I was in the clear, had been fishing there for 25 years and never new the rules changed a few seasons back. Warden came to my cabin asked about fosh, I gladly showed my catch. $500 for two fish, but I have gotten Two Draws this year for Duck. Probably unrelated but fun to think about.
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Old 11-17-2016, 9:47 AM
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That's not true. You do not have to be taken into custody to be charged with a misdemeanor.
Pretty sure he isnt being charged with a Misdemeanor. No need to spread FUD.
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Old 11-17-2016, 10:02 AM
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Old 11-17-2016, 10:14 AM
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Why did you keep it? Were you going to eat it?
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Old 11-17-2016, 10:22 AM
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Originally Posted by lightcav View Post
Pretty sure he isnt being charged with a Misdemeanor. No need to spread FUD.
No need to spread FUD? I corrected a false statement you made. Now you're making a "I'm pretty sure" assumption.

So, yes, no need to spread FUD.
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Old 11-17-2016, 10:28 AM
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Quote:
Originally Posted by Barbarossa View Post
*Pics*


Just giving you a hard time, OP. Mistakes happen and lessons are learned. DFG fines don't mess around and Wardens will never let you off with just a warning. Know exactly what you're doing.
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Last edited by Standish; 12-13-2016 at 8:10 AM..
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Old 11-17-2016, 10:51 AM
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Thanks guys for all the help and support.
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Old 11-17-2016, 12:04 PM
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Here's the deal. You accidentally shot a bird that wasn't a quail and got cited for it. You didn't try to hide it or lie about it which is good on your part. I'm assuming you didn't get an attitude with the game warden either. My advise would be to show up to court and tell the judge your story. Admit you shot the bird by mistake and ask for a reduced fine amount. If it was a misdemeanor, ask the judge if you can plea guilty for a reduction to an infraction. I wouldn't sweat it too much on the CCW. This isn't a case of you making a grossly negligent decision; i.e.... A DUI, brandishing a weapon, reckless driving etc... It's a simple mistake while hunting for food and it sounds like you've already owned up to it. Good luck.
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Old 11-17-2016, 1:02 PM
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Quote:
Originally Posted by Standish View Post
No need to spread FUD? I corrected a false statement you made. Now you're making a "I'm pretty sure" assumption.

So, yes, no need to spread FUD.
You're the one accusing the OP of committing a misdemeanor without knowing all the details. Sounds like FUD to me.
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