Colorado Fishing Violation Lawyer

Do I Need a Second Rod Stamp For Fishing in Colorado?

Do I Need a Second Rod Stamp For Fishing in Colorado?

Second rod stamps allow fishermen and anglers in Colorado to have more than one line in the water while fishing.  Without a second rod stamp in your possession, you may only fish using one rod at a time, unless you fishing exclusively with trotlines or jugs.

Do You Need A Fishing License? Colorado Fishing License Requirements for Youth, Adults, and Seniors

Do You Need A Fishing License? Colorado Fishing License Requirements for Youth, Adults, and Seniors

Adults aged 16 years or older must purchase and have in their possession a fishing license in order to fish or take any fish in Colorado.  Youth aged under 16 years old may fish and take a full limit without a license.  Seniors aged 64 and older can obtain a fishing license for $1 (.25 search and rescue fee, .75 Wildlife Management Education Fund Surcharge).  Everyone who fishes with a second line, MUST obtain a second-rod stamp.  A fishing ticket for not having a license (or the right license) can have lasting repercussions on your ability to hunt and fish nationwide.

What is the Penalty for Unlawful Possession of Fish in Colorado?

What is the Penalty for Unlawful Possession of Fish in Colorado?

Colorado Revised Statutes (CRS) Title 33 states the penalty for being in unlawful possession of fish as $35 in fines and 5 license suspension points for the first fish.  However, for each additional fish, the fine is $10 and 1 license suspension point.  An individual unlawfully in possession of 5 fish, for example, would be fined $75 and be given 9 license suspension points.

What Can Happen If My Hunting License Is Wrong? Colorado Hunting and Fishing Licenses Must Display Accurate Information

What Can Happen If My Hunting License Is Wrong? Colorado Hunting and Fishing Licenses Must Display Accurate Information

Colorado Hunting License Violations can be a serious matter even for what may seem a trivial piece of false or wrong information.  If you receive any kind of Colorado Hunting Licensing violation, you should consult with an attorney prior to pleading guilty and paying the fines, as you may have defenses or options to pursue.

What Happens If I Pay A Hunting Violation In Colorado?

What Happens If I Pay A Hunting Violation In Colorado?

Hunters and anglers who receive wildlife violations in Colorado face the difficult choice of paying the fines and pleading guilty or going to court to fight the charges.  An attorney who specializes in helping hunters, guides, and outfitters with hunting and fishing violations in Colorado can help evaluate your case if you are facing criminal charges.

Can I Fish A River Bordered By Private Property?

Can I Fish A River Bordered By Private Property?

Fishermen and anglers in Colorado looking to pursue the many common species of fish in Colorado rivers should familiarize themselves with the laws regarding trespassing as well as the property boundaries in the area they wish to fish.

When Do Fish Count Towards A Daily Bag Limit? Colorado Fishing Regulations Go Beyond Just The Fish You take Home At The End of the Day

When Do Fish Count Towards A Daily Bag Limit? Colorado Fishing Regulations Go Beyond Just The Fish You take Home At The End of the Day

Colorado Fishing regulations define the daily possession limit for each species of fish that may be taken in the state.  Those daily possession limits, and when the fish counts toward your possession limit, must be observed by anglers or they face receiving a Colorado Fishing violation that may end up with costly consequences.

Do I Need A Lawyer for a Colorado Fishing Violation?

Do I Need A Lawyer for a Colorado Fishing Violation?

Colorado's fishing regulations can carry stiff penalties.  Colorado fishing violation attorney Nathaniel Gilbert can help you determine the best course of action and any defenses to the charges you face.

Can I Fight a Trespassing Ticket?

Can I Fight a Trespassing Ticket?

Fighting a trespassing ticket can seem like quite an undertaking, but consulting with an attorney is a great place to start to see what options you may have.

"Artificial Fly and Lure Only" Fishing Regulations

Colorado has many fishing areas that have special regulations on the kinds of methods you may use to fish.  One such regulation is that of "Artificial Flies and Lures Only."  In 2014, Colorado Parks and Wildlife Officers gave out nearly 100 tickets for "Fishing With Bait in Fly/Lure Only Water."  If you are cited for fishing with an unlawful bait your first call should be to your attorney for a free consultation on your rights and defenses.  However, let's look a little closer at what exactly this rule means to help avoid this problem in the first place.

Click here for the 2016 Colorado Fishing Regulations Brochure

Click here for the 2016 Colorado Fishing Regulations Brochure

Bait is defined in the Colorado Parks and Wildlife Regulations as: "any hand-moldable material designed to attract fish by the sense of taste or smell; those devices to which scents or smell attractants have been added or externally applied (regardless if the scent is added in the manufacturing process or applied afterward); scented manufactured fish eggs and traditional organic baits, including but not limited to worms, grubs, crickets, leeches, dough baits or stink baits, insects, crayfish, human food, fish, fish parts or fish eggs."  The definition is unsurprising to most anglers, save for the portion regarding spray attractants.  The trouble here is, for most spray attractants that would be applied to otherwise legal flies or lures would leave very little in the way of identifiable scent for a human (CPW officer) to detect.  You could just receive the ticket based on having the spray attractant visible in your tackle box even if you're not actually using it.  

Artificial flies and lures are defined as: "devices made entirely of, or a combination of, natural or synthetic non-edible, non-scented (regardless if the scent is added in the manufacturing process or applied afterward), materials such as wood, plastic, silicone, rubber, epoxy, glass, hair, metal, feathers, or fiber, designed to attract fish."  Again, the definition is not surprising to most anglers but does give a very bright line rule for fishermen and women to consult and follow.  

If you do receive a ticket for fishing with bait in fly or lure only water, you need to call The Law Office of Nathaniel Gilbert for a 100% free consultation regarding your rights, defenses, and any repercussions that could come from pleading guilty and paying the fine.  Finding out too late that your fishing violation compromised your once in a lifetime elk hunt this fall could be devastating.  

Colorado Fishing Checkpoints To Be In Full Force This Summer

Colorado Parks and Wildlife often set up check stations in order to inspect fishermen in Colorado and their gear, vehicles, and landed fish.  These check points can be set up anywhere, but are most often situated on the roads leading out of popular fishing areas.  While the CPW wardens and officers conducting the check points do have a certain amount of authority, you still retain rights as an individual.

Colorado Revised Statutes 33-6-111 (2) states: The division is authorized to establish check stations, as needed, at locations within the state to aid in the management of wildlife and the enforcement of articles 1 to 6 [of the laws governing hunting and fishing in the state of Colorado]. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by the division, firearms, and wildlife for inspection by division personnel. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points.

When you approach a check station after fishing, you are required to produce your fishing license and any fish you have in your possession.  If you fail to do so, or refuse to do so, you will receive the fines and suspension points as outlined in the statute.  However, officers of the division of Colorado Parks and Wildlife are limited in their power at check stations.  

C.R.S. 33-6-101(1) states that any CPW officer has the authority "to open, enter, and search all places of concealment where he or she has probable cause to believe wildlife held in violation" of the Colorado fishing regulations may be concealed.  This statute applies to both motor vehicles and vessels--Everything from a paddleboard or canoe to trucks, jeeps and RV's.  Once an officer has "probable cause" to believe that some evidence of a fishing violation may have been committed is concealed somewhere in your motor vehicle or vessel, they may search those motor vehicles or vessels.  Refusal to consent to a search is NOT probable cause to search.  You have every right to refuse a search of your motor vehicle or vessel.

If your vehicle or vessel was searched and evidence was found that allegedly indicated a fishing violation or other crime had occurred, you need to consult with an attorney before making any decisions.  The Law Office of Nathaniel Gilbert will take your call and provide a 100% free consultation so there is no downside to calling.   

 

BUI Law: Colorado Boaters Can Receive Boating Under the Influence Charge in Kayaks

Driving Under the Influence, or DUI in Colorado is a traffic offense, Title 42.  This is significant, because the Colorado Department of Revenue and the Department of Motor Vehicles maintain jurisdiction over these charges.  However, “Boating Under the Influence,” is NOT codified in the traffic code but rather under the Colorado Parks and Wildlife, Title 33.  What does this mean for Colorado boaters accused of a “B”UI?

A big distinction between BUI and DUI law is that of the actual “vessel” which the individual is accused of operating under the influence.  For BUI, the statute does not require that the vessel have an engine of any kind.  This leaves the possibility open that an impaired pilot of a craft such as a canoe, kayak, paddleboard, or raft built from twigs and rope can be arrested and charged with Boating Under the Influence.

Additionally, the law for BUI states that any owner or operator of a vessel who knowingly allows the craft to come under the control of someone who is impaired can also be charged with BUI.  This section of the laws on boating under the influence covers the common situation where multiple passengers are allowed to operate the boat. 

Sentencing for Boating Under the Influence can vary, but the statutes state that anyone convicted for a first offense shall be imprisoned in the county jail for at least five (5) days but never for more than a year.  This sentence can be suspended if your attorney and the prosecutor are able to work out an plea bargain where you would complete a substance abuse treatment course or program.  This is not an option with all cases though, and should be discussed with your attorney prior to accepting any kind of plea offer from the State.

Colorado Fishing Tickets: How a $50 summer mistake could put your elk hunting season in jeopardy

Colorado Fishing Tickets: How a $50 summer mistake could put your elk hunting season in jeopardy

Colorado Fishing Violations may seem small and fishermen and anglers may be tempted to plead guilty and pay the fines.  However, the violations could have serious impacts on your ability to hunt in the fall depending on the number of points you will receive on your hunting license.  Hunting and Fishing Violation Attorney Nathaniel Gilbert can help you evaluate your case and find your best route back in the field.

Am I A Colorado Resident?

Am I A Colorado Resident?

Big Game Regulations Brochures are officially out in Colorado and hunters across the state and across the nation will soon start planning their elk, moose, deer, and antelope hunts.  With the number of hunters moving to Colorado growing every day, some newly transplanted outdoorsmen may wonder when they officially become a resident for purposes of Colorado hunting licenses.