Can you fight a prior conviction?

[Coach]

I'm reaching out to the community here because I have a situation I don't know how to fix. You guys probably remember that for a couple years, G&F closed unit 27 on the archery deer hunt earlier than Unit 1. One morning I was hunting unit 1, then headed into 27. Problem was, unit 27 had closed 2 days earlier. I encountered a G&F guy and openly told him I was on my way to hunt deer at a specific spot in unit 27 that I had forgotten was closed at that time.

 

I eventually plead "no contest" to the charges because I should have been more aware of the different season dates. I never got out of my truck and was asked by the warden to pose with my bow for pictures, that were later to be used to collaborate his story that he witnessed and photographed me in the field with my bow and arrows in pursuit of game. I should have just fought it but I was scared that I might lose my hunting and fishing rights for 5 years, and I had an archery unit 1 bull tag in hand.

 

Now when I apply for a job, Even volunteer to coach little league baseball, I have this thing following me around - Guilty of "Taking Game in a Closed Area". I never took any game, pursued any game not even got out of my truck. I'm one of those guys who hates poachers and follows the letter of the law when hunting and fishing - my hooks are barbless, I'm a firm believer and catch and release, I don't even have any speeding tickets.

 

So now I have this thing that is going to plague me and paint this picture that I'm some kind of poacher.

 

Is there any legal way to present the facts and show that this agreement was done out of expediency and clear myself? I never took an animal in a closed unit, I never pursued an animal in a closed unit, But I'm considered guilty of taking game in a closed unit like some poacher.

[backcountry_brad]

Wow that's some serious BS. Sounds like typical G&F

[Coach]

Honestly, Brad, it's not typical of G&F at all in my opinion. I've had very few encounters with AZ G&F over decades of hunting and fishing. Those few have been very supportive. I spent one morning picking up beer cans with a unit manager who was trying her best to keep access open to an area that was being mistreated.

 

I'm old by most standards, middle 40's - been hunting and fishing all portions of this state since I was a kid. Every time I fish on the rez, I have the appropriate permits. Every time I hunt or fish anywhere in this state I do it legally, with knowledge of the laws and regulations.

 

Prior to this situation and in the years that have passed, I've never violated a single game law. In this case, it was a simple lack of awareness, to which I have taken 100% responsibility.

 

But to be labeled a poacher or game thief is just something that isn't me.

[elecshoc]

I believe you could take it up with the commission. See if you can get on the agenda and plead you case with what you have. Other than that I'm not sure if there's any other recourse outside of there.

[Guest 300ultramag.]

Man ol man. The law!

[chico]

Your second paragraph--you never got out of your truck but had picture taken to show that game officer witnessed you in the field? How did that happen? How did you agree to that if you were never out in the field ?

[Non-Typical Solutions]

Lawyer!

[stanley]

I believe you could take it up with the commission. See if you can get on the agenda and plead you case with what you have. Other than that I'm not sure if there's any other recourse outside of there.

 

 

If this was a conviction in a court of law, the Commission would have zero jurisdiction or say in overturning it. Only a judge can do that.

 

Coach, as Non-Typical Solutions pointed out, you're going to need a lawyer. The bottom line is that you want to appeal your conviction. There will have to be grounds to do that, and likely only a lawyer would have the knowledge to help you through the appeals process.

 

Sincere good luck on this!

 

S.

[MULEPACKHUNTER]

Seems like you let this guy walk all over you, put words into your mouth, buddy up with you to get evidence, it seems to me that there should be some type of lesser ticket that could be issued, this seems like a broad conviction statement when what it states is not what happened but maybe they dont have a lesser charge to work with, either way I would say you really screwed yourself not fighting this charge tooth and nail when it happened? Sorry I am sure you know that.

I would say 100 percent lawyer at least to look it over in the wording of the charge statement and the report from the officer and his statements. I am thinking a judge may be able to drop this but it may not come off your record easily, also from my seat your were planning on and would have broken the law had you not run into the warden so that plays against you.

I have been working part time recently in the area of law and know what a tangled mess it is to get anything done, best of luck to you. Keep us posted.

[johnnie blaze]

sucks to be you....people out there breaking the laws ten fold of your conviction and getting a slap on the wrist. Lawyer up man.

[Snapshot]

Hate to say it, but big mistake pleading guilty. Sounds to me like nothing more than a case of "Intent". You were not actually hunting in the field with a weapon in your hands. This guy screwed you.

 

If I told a cop I was on my way to rob a bank, could he arrest me for robbing the bank, or would it be criminal intent.

 

At the very least, maybe you could get the conviction definition changed. Lawyers....money...time....it all sucks when the deck is stacked against you.

 

Good luck!

[Snapshot]

With some research and preparation, you can possibly remedy this situation yourself. It is time consuming, put possible.

 

If you need a little help, I can do some research for you in my spare time, and see if there is a positive starting point in which to pursue some recourse.

[Snapshot]

Here is a link to a PDF File for Expungement. Basically sealing your record from public view. It is for the "Do it yourselfer"

 

http://r.search.yahoo.com/_ylt=AwrTcclU_TxVmkwA_OknnIlQ;_ylu=X3oDMTEzNTlvam9mBHNlYwNzcgRwb3MDNwRjb2xvA2dxMQR2dGlkA1lIUzAwMl8x/RV=2/RE=1430089172/RO=10/RU=http%3a%2f%2fwww.integrascan.com%2fexpungement.pdf/RK=0/RS=.5orpF.5QEXOGsywV1b0OJRyJJI-

[Edge]

Talk to a lawyer and see if enough time has lapsed to ask a judge for an espungement of your tecord.

[murfys69law]

Talk to a lawyer and see if enough time has lapsed to ask a judge for an espungement of your record.

That would be my opinion. How much time has past and is there a statue of limitations on the charge. ie..5 years and it goes away. etc..Either way I would def. talk to a lawyer. they have resources to certain things we don't .