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Spearfishing Regulations This area is for the topic of existing or proposed Spearfishing Regulations. |
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01-29-2014, 11:00 PM | #16 | |
Registered User
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Re: Can DFW confiscate gear AFTER the charges are dropped?
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01-30-2014, 03:10 AM | #17 |
Tony
Join Date: May 2012
Posts: 2,013
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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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01-30-2014, 05:07 PM | #18 |
Shoot to eat
Join Date: Oct 2009
Location: Ca
Posts: 1,613
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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. |
01-30-2014, 05:45 PM | #19 |
you cant see mee
Join Date: Jan 2007
Location: SORIAPP
Posts: 2,307
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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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01-31-2014, 12:39 AM | #20 | |
Patrick
Join Date: Jan 2012
Location: SD, Laguna Niguel
Age: 27
Posts: 402
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Re: Can DFW confiscate gear AFTER the charges are dropped?
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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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01-31-2014, 01:10 AM | #21 |
Formerly BNERAP
Join Date: Aug 2006
Location: Fresno,Ca
Age: 67
Posts: 2,004
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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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Bob Pennal Fresno |
01-31-2014, 01:28 AM | #22 | |
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Join Date: Apr 2007
Location: santa cruz
Age: 48
Posts: 5,473
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Re: Can DFW confiscate gear AFTER the charges are dropped?
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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 . phil |
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01-31-2014, 09:38 AM | #23 | |
Mike Wilborn
Join Date: Apr 2012
Location: Southeast, MI
Posts: 466
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Re: Can DFW confiscate gear AFTER the charges are dropped?
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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. Mike |
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01-31-2014, 09:48 AM | #24 |
Surgical Shooter!
Join Date: Mar 2011
Location: clearwater,fl
Age: 40
Posts: 758
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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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01-31-2014, 11:32 PM | #25 |
Chris Saxl
Join Date: Oct 2004
Location: Napa, CA
Age: 44
Posts: 250
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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... |
02-01-2014, 12:12 AM | #26 | |
Registered User
Join Date: Apr 2007
Location: santa cruz
Age: 48
Posts: 5,473
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Re: Can DFW confiscate gear AFTER the charges are dropped?
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Phil |
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02-01-2014, 08:16 PM | #27 | |
Patrick
Join Date: Jan 2012
Location: SD, Laguna Niguel
Age: 27
Posts: 402
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Re: Can DFW confiscate gear AFTER the charges are dropped?
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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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02-01-2014, 08:48 PM | #28 |
Pacific Spearo
Join Date: Jul 2007
Age: 62
Posts: 3,358
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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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02-01-2014, 09:08 PM | #29 |
you cant see mee
Join Date: Jan 2007
Location: SORIAPP
Posts: 2,307
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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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Man In His Element |
02-01-2014, 09:52 PM | #30 | |
Pacific Spearo
Join Date: Jul 2007
Age: 62
Posts: 3,358
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Re: Can DFW confiscate gear AFTER the charges are dropped?
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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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