Legal Question in Civil Litigation in West Virginia
accused of hunting on private property
I have been a member of a hunting club for 2 yrs. After returning to my truck with a buck the owner of the adjacent propery accused me of hunting on his land. Now there is a DNR officer threatening to ''charge'' me and said if I don't accept the citations he will take it to court. He also said he had ''known the owner for a long time.'' How can I be charged with anything when it never happened? I have a map of the club's land and follow it closely. How can they possibly prove this? And what charges can they pin on me? What should I do?
1 Answer from Attorneys
Re: accused of hunting on private property
The DNR Officer has the right to issue the citation based upon the information given to him. The question of conviction is a matter of proof beyond a reasonable doubt. It sounds as though credibility is the only real issue. Your lawyer will send out an investigator to help impeach the prosecuting witness. You are permitted to bring on character witnesses.