Legal Question in Criminal Law in Idaho

Re: big game violation

You have asked a very broad question. Big game violations can be either a misdemeanor or a felony. Of course, felonies are punished much more harshly than are misdemeanors.

Lack of a criminal history is ALWAYS helpful when someone is charged with a crime. In Idaho one thing that can be done if you have never done it before is to request and get a withheld judgment. If you get this, then you serve whatever sentence is handed down and fulfill any probation that is given ... when you have done all of that successfully, then at the end of your probation, you may petition the court and have the charges dismissed. Technically you are not convicted of the crime (although some states or federal government may not accept a withheld as no conviction ... in Idaho, however, the conviction is erased, except that it does show up on your record as a withheld judgment). In Washington (since you indicated both states on your question), you may be able to qualify for a deferred prosecution, in which case you may be asked to pay an administrative fee and then stay out of trouble for the period of the deferral (6 to 24 months). If you fulfill all the terms of the deferral, then the charges are dismissed. There is never a conviction ... it is actually a step better than anything Idaho offers.

Plea offers may or may not include jail, depending on the seriousness of the crime and the state's interest in pursuing you.

One thing you may want to note, prosecutors often like to request that the firearm used be forfeited to the state. This is unconstitutional.

Good luck, and if I can be of additional assistance, please don't hesitate to contact me.

Todd Richardson

[email protected]

(208) 746-5508, phone

(208) 746-9466, fax

Re: big game violation

the procedure for a big game violation is the same as for

any other misdemeanor. You didn't say what the charge was

so I'll be general in answering. if you have no prior record for

poaching these big game animals it obviously makes a difference

for the type of sentence you will recieve.

Misdemeanors are generally punishable by a $300 fine and/or 6 months

in jail.

Additional penalties include suspension of your hunting license,

imposition of a civil penalty up to $1000. Conviction of three (3)

violations within 5 years of 3 or more violations constitues a felony.

Felonies are punishable by 5 years in the pen and/or $50,000 fine.

If you plea bargain, it depends upon the agreement as to whether you go

to jail, pay a fine, go to counseling, etc.

If you are convicted, you have a misdemeanor on your record,

you pay the fine and spend the time in jail, spend time on probation.

Probation for a misdemeanor is 2 years max. This is

unsupervised probation however.

you can review these statutes and penalties generally

at Idaho Code sections 36-1401 and following at the Idaho

State Law Library (or any county law library).