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Old 01-29-2014, 11:00 PM   #16
Gary Schulte
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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Originally Posted by agbiv View Post
Why doesn't he go to DFW Officer, very respectfully appologize for the entire situation...and explain lessons learned. Offer to go on a ride along to gain better appreciate for DFW operations and more appreciations for the resources they protect. He just might get his gear and be better for it. If he wasn't an a-h to the Officer intitially that might work.
I hear you but if the charges were dropped I can't see any legal reason why they can hold his gear.
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Old 01-30-2014, 03:10 AM   #17
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Re: Can DFW confiscate gear AFTER the charges are dropped?

I am thinking its the same principle as paying a fine.After the charges are dropped they aren't going to give you your money back.
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Old 01-30-2014, 05:07 PM   #18
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Re: Can DFW confiscate gear AFTER the charges are dropped?

Loosing the gear and a getting a ticket is a small price to pay for the "mistake".
It was obvious to the DFG guys that this wasn't a mistake.

Your friend wasn't an accomplished Spearo as you described. Rather the typical case of someone who ca go buy gear and hold their breath and kill fish may be more than you, and perhaps that impressed you. Don't you think that to be a good or accomplished Spearo you should begin by having ethics?

What's funny is that You don't need to be a good Spearo or experienced to have ethics. It just happens that ethics is harder to implement than holding your breath or pulling the trigger.

I would tell your friend to forget about the gear.
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Old 01-30-2014, 05:45 PM   #19
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Re: Can DFW confiscate gear AFTER the charges are dropped?

they would need a court order to dispose of the gear. (meaning sell it, destroy it ect.) Your buddy likely needs to petition the court to have it returned or hire a lawyer to do it.
any lawyer can do this because theres always items seized during all crimes. the decision of what to do with goods forfeited during a crime is usually brought to civil court where the burden of proof is very low and its you vs the EPO
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Old 01-31-2014, 12:39 AM   #20
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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Loosing the gear and a getting a ticket is a small price to pay for the "mistake".
It was obvious to the DFG guys that this wasn't a mistake.

Your friend wasn't an accomplished Spearo as you described. Rather the typical case of someone who ca go buy gear and hold their breath and kill fish may be more than you, and perhaps that impressed you. Don't you think that to be a good or accomplished Spearo you should begin by having ethics?

What's funny is that You don't need to be a good Spearo or experienced to have ethics. It just happens that ethics is harder to implement than holding your breath or pulling the trigger.

I would tell your friend to forget about the gear.
My bad, I changed it from "accomplished" to "good" spearo haha. He has definitely learned a lesson from this, as his ethics are now set straight. I say he is a good spearo because he is pretty experienced and has (legally) taken lots of good fish and bugs.

How is losing $1000+ worth of gear and paying a very expensive ticket a SMALL price to pay for the "mistake"? Surely I'm not saying that he shouldn't have a punishment, but clearly this is a very hefty penalty for anyone, especially an 18 year old college student.


The only reason I posted this thread is because I'm really curious myself whether it's legal what the DFW is doing, as both myself and my marine biology teacher (avid freediver who doesn't spearfish or bug dive) think that it is wrong to continue holding onto his gear.
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Last edited by danaslayer; 01-31-2014 at 12:53 AM.
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Old 01-31-2014, 01:10 AM   #21
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Re: Can DFW confiscate gear AFTER the charges are dropped?

How is losing $1000+ worth of gear and paying a very expensive ticket a SMALL price to pay for the "mistake"? Surely I'm not saying that he shouldn't have a punishment, but clearly this is a very hefty penalty for anyone, especially an 18 year old college student.


I'm confused, if he's paying a fine for his ticket, what charges got dropped ? The ticket was the notice to appear for the listed violations. If he paid the ticket,his case is considered adjudicated. Regarding his gear. I imagine that somewhere in DFW regulations is their authority to keep his equipment. The seizure of your gear is one one of the biggest deterrents for violations.
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Old 01-31-2014, 01:28 AM   #22
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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My bad, I changed it from "accomplished" to "good" spearo haha. He has definitely learned a lesson from this, as his ethics are now set straight. I say he is a good spearo because he is pretty experienced and has (legally) taken lots of good fish and bugs.

How is losing $1000+ worth of gear and paying a very expensive ticket a SMALL price to pay for the "mistake"? Surely I'm not saying that he shouldn't have a punishment, but clearly this is a very hefty penalty for anyone, especially an 18 year old college student.


The only reason I posted this thread is because I'm really curious myself whether it's legal what the DFW is doing, as both myself and my marine biology teacher (avid freediver who doesn't spearfish or bug dive) think that it is wrong to continue holding onto his gear.
its a " small " penalty because you can get fined up to 10k per fish/bug/ab and loose all your gear involved in the violation (if he had gotten to you truck and had the tails in the bed ,they could take that too). i spoke with a dfg contact i have on other business the other day and asked him about this ,he said unless the court orders it to be given back to you ,you are not going to get it back ,he also said it is is very rare for confiscated gear to be returned buy the courts he said he had only seen it happen once , and lastly yes this is totally within the law.

i also think we are only hearing half of the story ,and if i was a warden and picked up a diver with a gun and only tails ,most likely the guy was shooting the bugs and was getting rid of the evidence of shooting them , it wasn't a mistake .

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Old 01-31-2014, 09:38 AM   #23
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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Originally Posted by danaslayer View Post
The only reason I posted this thread is because I'm really curious myself whether it's legal what the DFW is doing, as both myself and my marine biology teacher (avid freediver who doesn't spearfish or bug dive) think that it is wrong to continue holding onto his gear.
Beware of legal opinions from laymen.

Unless your Bio teacher is an attorney or the local judge, his or her opinion is worth as much as yours. I'm sure you are getting an idea of how much that is at this point.

If your friend wants to pursue his gear, he should get legal representation and he NEEDS to petition the court. End of discussion.

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Old 01-31-2014, 09:48 AM   #24
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Re: Can DFW confiscate gear AFTER the charges are dropped?

I'm with Phil on this one! Don't break the law and you won't have any issues with your gear!
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Old 01-31-2014, 11:32 PM   #25
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Re: Can DFW confiscate gear AFTER the charges are dropped?

From a purely legal standpoint:

The judge dismissed the charges. If there are no formal charges, there are no grounds to sequester the items.

Also, if the charges are dropped, they can not be reopened by asking for the return of the items.

A lawyer may cost more than the gear however...
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Old 02-01-2014, 12:12 AM   #26
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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Originally Posted by Defofthecrown View Post
From a purely legal standpoint:

The judge dismissed the charges. If there are no formal charges, there are no grounds to sequester the items.

Also, if the charges are dropped, they can not be reopened by asking for the return of the items.

A lawyer may cost more than the gear however...
That's assumeing the charges were really dropped and not that the case just fell threw the cracks between juvenile court and the adult system , this is all a second hand story .

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Old 02-01-2014, 08:16 PM   #27
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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I'm confused, if he's paying a fine for his ticket, what charges got dropped ? The ticket was the notice to appear for the listed violations. If he paid the ticket,his case is considered adjudicated. Regarding his gear. I imagine that somewhere in DFW regulations is their authority to keep his equipment. The seizure of your gear is one one of the biggest deterrents for violations.
He's not paying a fine, I was just hypothetically speaking that it would not be a small price to pay the actual fine along with losing his gear.

As of now, it seems like he needs direct approval from the court to recover his gear. I think he's going to writing a letter to the court in order to petition the DFW to get his gear back, we'll see how it goes from there.
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Old 02-01-2014, 08:48 PM   #28
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Re: Can DFW confiscate gear AFTER the charges are dropped?

Ill be an asshole....I hope he never gets his equipment back. Oh yeah dont forget to ask for the lobster tails while you are at it.
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Old 02-01-2014, 09:08 PM   #29
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Re: Can DFW confiscate gear AFTER the charges are dropped?

So you've never been on the wrong side of the law? Holier than thou?
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Old 02-01-2014, 09:52 PM   #30
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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So you've never been on the wrong side of the law? Holier than thou?
As I see it, this comment is coming from a part of society that is as much a part of the problem as the person who actually committed the crime. Problem with kids and society today is the demand of self entitlement whatever the cost. And people who defend them, are the reasons those type of people are so prevalent in society today? Gone are the days of hard work and earning of rewards.

The criminal in question decided to disobey the law and go for an easy catch. It backfired and he lost his gear. He deserves every bit of punishment the crime calls for. Does he deserve a second chance of course? He's a kid and Im not that cynical however, he needs to learn a hard lesson and loss of gear is ok by me.

To get back to your question....yes I got a speeding ticket....once about 30 years ago. I paid the fine, and higher insurance costs for 3 years, learned my lesson, slowed down and havent gotten another since.

He needs to pay the piper and learn his lesson too. Seems both the op and young man in question still think they are entitled to a reward by wanting the gear back. In my eyes, neither of the young men have truly learned a lesson and are still in the whining phase.
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