Legal Question in Criminal Law in New Jersey
deer hunting violations
i was ticketed for 3 hunting violations, went to court, agreed to a plea, pled guilty to 2 and 1 was dismissed. after all fines were paid, game wardens want to issue more tickets for the same incident, because '' the fines were too low''. How can I protect myself?
3 Answers from Attorneys
Re: deer hunting violations
The United States Constitution guarantees that one will not be twice be put in jeopardy of being convicted of the same crime. This has been interpreted to mean that the State must prosecute all charges known it it which relate to the same transaction or incident and once charges are brought and disposed of new charges relating to the same incident or transaction can not be broought against the same defendant.
It is called double jeopardy.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: deer hunting violations
You have two options as I see it, represent yourself or get an attorney. I don't know how far you would get by yourself raising DJ issues. At the same time, is it worth it to get an attorney? That's your call.
My initial consultations are always free, so call me to discuss the case.
Re: deer hunting violations
Hunting violations are usually not crimes, but are civil enforcement actions charged under the statutes and administrative codes. They are relentlessy pushed, because unlike other fines, which go to a municipality, the fines go to the Department of Fish and Game, meaning these guys are bounty hunters.
Double jeapordy probably doesn't apply, however there are civil doctrines, such as the entire controversy doctrine which will apply.
Go to court and explain that to the judge you already paid penalites for the same incident. Ask the judge to dismiss, with the condition that if he doesn't, you would like to get a postponement. Then find someone who has handled fish and game violations before.
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