hunting violation

What Is The Fine For Trespassing In Colorado?

What Is The Fine For Trespassing In Colorado?

Trespassing in Colorado can carry hefty fines and possible license suspension for the hunter or fisherman who pleads guilty or pays the fine without consulting with an attorney.

What is the Fine for Poaching a Deer in Kansas?

 Fines for killing a deer illegally can vary based on the number of convictions you’ve had in the past, the size of the deer, and the method used to kill the deer.  The base fine for violations involving big game in Kansas can range from the minimum of $500 to the maximum of $1,000 for a first time offense.  K.S.A. 32-1032 sets the fine for deer poaching in Kansas as well as a possible jail sentence of up to 6 months and a misdemeanor conviction.  For a third, fourth, or fifth conviction of illegally killing big game in Kansas, there is no maximum fine, meaning the judge could order you to pay steep costs associated with the sentence depending on the circumstances surrounding the offense.  Additionally, the jail sentences can range from a minimum of 30 days to 90 days.

 In addition to these fines, Kansas has also imposed “Trophy Fines” which vary depending on the size of the deer.  For whitetail deer, a trophy buck is considered any buck with an inside spread of at least 16 inches.  For mule deer, a trophy buck is considered any buck with an inside spread of at least 20 inches.  When the illegally killed deer meets the trophy criteria, the fine is set at a minimum of $5,000.00.  The judge could possibly order you to pay additional money, but it will at least be $5,000.00.

 Finally, the State of Kansas has authorized the Kansas Department of Wildlife and Parks to seek restitution from individuals that poach deer in Kansas that have a gross antler score of 125 or more.  This formula is defined as:  (gross score - 100)² x $2.  For example, if you illegally kill a deer with a gross score of 160, the restitution fine would be $7,200.00

 In addition to any of these fines based on the actual killing of the deer, you may face additional fines depending on the method used to kill the deer.  Shooting from a public road, trespassing, and hunting out of season carry their own fines that would be tacked on to the fines listed above. 

 If you are charged with illegally killing any deer in Kansas, you should know that you have options.  Consulting with an attorney is advised as soon as you are issued any charges in relation to illegal hunting in Kansas.  Often, a plea bargain or agreement can be reached with the state that could drastically reduce the monetary amount you owe in your case.  Nate Gilbert, attorney in Colorado and Kansas, has defended illegal deer hunting and poaching cases in Kansas and uses the expertise gained in these cases to help hunters assert their rights in a court of law.  Consulting with Nate will help you and your family deal with the stress of illegal hunting charges and get you back on your feet.

 

Can I Fight A Hunting Ticket?

Can I Fight A Hunting Ticket?

The decision to fight your hunting violation is a big one and shouldn't be taken lightly.  Whether it is one small charge, or multiple charges with thousands of dollars in fines and multiple points assessed, you should consider consulting with an attorney about your rights and what possible defenses may be available to you. 

Is Wanton Waste of Game a Felony in Colorado?

Is Wanton Waste of Game a Felony in Colorado?

Hunters charged with either of Colorado's waste of game violations should consult with an attorney prior to pleading guilty to charges of this hunting violation.

Samson's Law: Colorado Hunting Violations Grow Horns

Samson's Law: Colorado Hunting Violations Grow Horns

Samson's Law governs special fines for trophy animals illegally taken in Colorado.  Stemming from an infamous trophy elk poaching case, the law levies monetary charges based on the size of the "trophy."

Kansas Turkey Season Just Around The Corner

Hunters in Kansas are gearing up for what should be a stellar turkey season.  The bands of brutal thunderstorms that sweep across Kansas plains in the spring will hardly stop the most die-hard turkey hunters in pursuit of long beards and sharp spurs.  

Important tips to remember while in the field gunning for turkeys this spring:

  • Hunting on land posted as "Hunting by written permission only" or designated with purple paint without physical, written permission from the owner of the property in your possession at all times is Trespassing.  It truly does not matter how long you have known the owner, how many beers your grandpas had together, or even if you've been hunting there for years without a problem.  For turkeys in Kansas, trespassing while turkey hunting under this rule is a misdemeanor and punishable by at least a $500 fine.
  • Using any kind of spotlight while you, or another member of your party, is even in possession of a firearm is illegal.  There are exceptions for agricultural or livestock purposes, but try not to be holding your turkey calls and wearing full camouflage while checking cows.
  • Before transporting your downed bird, make sure to attach the tag to the turkey's leg as described in the regulations.  Failure to tag the bird before you move it can result in receiving a ticket.  Forget your pen? Forget a zip tie? 

As always, if you receive a ticket for unlawful hunting in Kansas, reach out to The Law Office of Nathaniel Gilbert for an absolutely free consultation to discuss your rights and any available options that you may have.  Just paying the fine and pleading guilty may come back to haunt you later down the road.  A Kansas hunting violation can have consequences that may affect next year's hunting seasons or your summer fishing plans.

 

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.