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.
Hunting and Fishing Outfitters like to hire independent contractors over employees for seasonal work, but if the contracts for those services fail to meet Department of Labor standards, the move could be more expensive than anticipated.
Outfitters, guides, or hunters facing charges of illegal sale of wildlife face possible felony charges and lifetime hunting suspension among other harsh penalties. Consulting with Colorado Hunting Violation Lawyer Nathaniel Gilbert can help you make your best decision when faced with Colorado Hunting Violations.
Colorado hunters and fishermen who receive hunting violations may face suspension of the hunting and fishing license for the foreseeable future. Addressing the ticket immediately before receiving another violation down the road is absolutely crucial for your best chance at retaining your outdoor privileges.
Do I need a Kansas Hunting Violation Attorney? If you are charged with a big game or deer hunting violation in Kansas, the fines for poaching deer can quickly become a staggering amount, especially for poaching a trophy deer. Before paying any deer poaching fines or pleading guilty to charges of illegally killing big game in Kansas, you should consult with an attorney to understand your rights and defenses.
Outfitters and their guides in Colorado are regulated by the Department of Regulatory Agencies (DORA). For outfitters establishing their business, DORA has several requirements related to how those business are conducted within the state of Colorado. In addition to rules on advertising, guarantees, and insurance requirements, DORA requires Outfitters to have certain provisions contained in their contracts that they use to provide outfitting and guiding services to consumers.
DORA requires Outfitting contracts to have six specific provisions. These provisions are: 1) The types of services to be provided, 2) Dates the services are to be provided, 3) Transportation arrangements and whether or not transportation is to be provided, 4) Actual costs of the services, 5) The ratio of clients to guides that will be maintained on the trip, and 6) The outfitter’s own policy on cancellations and refunds on deposits or costs.
While there are no specific requirements for each of these provisions and what they must look like, they absolutely must be contained in your contract in some form. Failure to include these provisions in your contract for outfitting services will prevent you from being able to maintain any action to recover funds owed to you under that contract.
Nate Gilbert, attorney in Colorado, has worked with these specific provisions provided by DORA on both ends: preparing compliant contracts and documents for Outfitters revamping or just starting up their business, as well as helping Outfitters respond to complaints from DORA regarding outfitting contract deficiencies. Scheduling a consultation with Nate regarding your outfitting services contracts BEFORE you violate these rules will help your business run more smoothly and efficiently as well as keep your outfitting compliant with Colorado law.
Many hunters from across the nation will be converging on Kansas towns in the coming days for pheasant and quail opening weekend followed quickly by the rifle deer seasons. While some may have family farms to return to or other private leases to hunt, others will be trying their hand on public lands and looking to find other private land that may be available. The laws concerning where you can hunt are crucial when looking for that new honey-hole, especially for non-resident hunters unfamiliar with the nuances of Kansas hunting regulations.
Hunters may not hunt private land in Kansas without permission, even if it is not posted. “Criminal Hunting,” is defined as hunting private land or water without the owner’s permission in statute K.S.A. 21-5810. If you find private property that does not have signage saying “No Trespassing,” you still must determine the owner and get their permission before hunting the property. This is different than some states with earlier pheasant seasons that hunters may be accustomed to, such as North Dakota. Unless the land is clearly posted as public ground, such as Kansas’ “Walk In Hunting Area” land, you must have the permission of the owner before hunting there.
Where property IS posted, hunters in Kansas must carry written permission in their possession while hunting. Kansas statute K.S.A. 32-1013 states that posted property in Kansas, that has signs saying any variation of “No Trespassing,” “No Hunting,” or “Private Land,” requires all hunters who are on the property to have written permission. Verbal permission from the owner of the land, no matter how long you’ve known the owner or have hunted the property, is not enough and will result in trespassing tickets for your group. Purple paint on posts, fences, or trees surrounding the property also counts as “posted” property for the purposes of this statute. Essentially, if there are signs or purple paint on the property you are hunting, you must have written permission to show the game warden if asked.
If you receive a trespassing ticket, you have a few options and should consult with an attorney before simply pleading guilty and paying the fines. Nate Gilbert, attorney in Colorado and Kansas, grew up in Kansas and has defended trespassing charges for hunters in both Colorado and Kansas. Drawing on the experience Nate has in dealing with these charges, a consultation with Nate will help you determine your best course of action and whether you have any defenses available.
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.