Legal Question in Criminal Law in California

fish and game

I took a tagged deer to the taxidermist. The taxidermist removed the tag to begin his process. A game warden took my antlers because the tag was removed and wrote me a ticket for fish and game code 4336. Did I transfer possession of this deer when I took it to the taxidermist?


Asked on 2/04/09, 10:54 pm

2 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: fish and game

Under 4336, as the holder of the tag, you are supposed to affix the tag to the deer and keep it there until 15 days after the season. Your case is interesting because you did that, but it was removed by someone else and at the time of ticketing, you did not possess the deer as described by 4336(b). You have a shot (no pun intended) at fighting the citation, but the bigger question is, 'Is it worth it?'.

You'll have to weigh the cost of the fine against legal representation.

If we are in your area and are serious about pursuing this, then feel free to contact us.

Best of Luck.

www.NotGuiltyInCA.com

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Answered on 2/04/09, 11:31 pm
Terry A. Nelson Nelson & Lawless

Re: fish and game

You'll get the answer to that from the court at the end of the case, or in a negotiated plea bargain 'deal' or dismissal of charges. That all depends on what ALL the facts are. If it is worth it to you to fight the charges, do so. Hire an attorney if you want it handled effectively, and to try to recover the antlers. If this is in SoCAL, feel free to contact me if serious about doing so.

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Answered on 2/05/09, 5:19 pm


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