Run in with Florida FWC (game) officer

[HootmonSccy]

OK.. SO I know this is an old thread at this point.. But I do have an update..

A couple months after the incident my friend and I went to our arraignment to plea..
The way the legal system works, you can plead guilty, Not guilty or no contest (basically a guilty plea)..
At an arraignment, you can not explain anything.. SO.. we plead NOT guilty in order to have a chance to explain our side of the story.
We were told to show up a couple months later to show up again for our trial..

We showed up as were were told (Although we received no paper work) and they did NOT have us on the docket.
The judge called us up and while we were waiting at the podium, I over heard the conversation going on between the prosecutor and the judge.. (The prosecutor told the judge that the Florida Wildlife officers had not been subpenaed as they were supposed to be. THEN I heard the prosecutor say that the FW Officers never show up even when they are called).
The judge then turned to us and asked us if we wanted to change our plea.. I said no.. The judge then said he would adjudicate our case if we would change our plea AND donate $100 to some wildlife organization.. I asked $100 total or each.. He said EACH.. I told him no.. (Still not fully sure what adjudicate would have meant for out record..)
I think with the info the prosecutor told him, this was the judges last ditch effort to get something out of us..

We were once again told to show up in a couple months.. (Note this is an hour and a half drive for us each time, one way).

We received notice this time (so I assume the officers were called as well).. We waited our turn, constantly watching who was walking through the door.. Neither Officer ever showed up, so we were found NOT guilty.. (Edited correction: I miss typed this... The case was dismissed, we were NOT found NOT guilty.. It's as close to it never happened as possible).

I felt a little bad because I wanted to tell my story, but even though I had good evidence that should have swayed the judges decision, I believe we would have still been found guilty, but probably with a lighter penalty and have a conviction on our records. SO, as it was.. It was the best possible outcome that we could have hoped for, albeit inconvenient to make three trips (3 hours of travel each time) to get things resolved...

[Booga]

(Still not fully sure what adjudicate would have meant for out record..)

By "adjudicate" he probably was referring to "Deferred Adjudication."
In some states it will result in no criminal record, but that is not a guaranteed result. Depending on where you live, having any sort of conviction or deferred sentencing can foul up things like eligibility to receive a concealed carry permit. It can even ruin eligibility for certain kinds of employment.

I think your decision to fight for your rights for a fair hearing worked out in the best possible way. A not guilty verdict is the only thing that sets you free as possible from future consequences.

==
Deferred Adjudication Law & Legal Definition

Deferred adjudication is available in some jurisdictions for certain offenses. It often involves probation, treatment programs, and/or some type of community supervision. If all the conditions of probation are met for the allotted time handed down by the court, the offender can avoid a formal sentence, and in some jurisdictions, no permament record of the crime will be made. Typically, at the end of the probationary period the charge will be dismissed and no record of conviction will result. Deferred adjudication may be available to eligible defendants upon recommendation by the prosecutor or at the discretion of the court.

[NavyLCDR]

Good for you!

[JSDinTexas]

"albeit inconvenient to make three trips (3 hours of travel each time) to get things resolved... "

And that is one of the tactics: some, not all, LEOs when they know a solid prosecution is not probable they just make life hard to live for a while. There are also some good LEOs who don't use the system.

[billwot]

Thanx for the support guys..
Funny, my friend was carrying two guns, a .357 on his hip and then he forgot he had his .380 Keltec in his pocket.. After I had surrendered my gun and he had surrendered his .357, my friend then says to the officer.. Oh, I forgot that I have a second pistol..
.

????

Why did you have to "surrender" your weapons?

[HootmonSccy]

????

Why did you have to "surrender" your weapons?

The officer asked us to, and we complied.. They also did a check on the weapons to see if they were stolen..
When the officer 1st stopped us, he was alone and there were two of us..
To your question.. Did we "have to"?? I'm not sure..
But being that we were in the wrong place at the wrong time, doing the wrong thing... I wasn't looking to piss the officer off... He could have added several charges to our citation and did not.. I believe cooperation with his requests MAY have contributing to us just receiving one charge and MAYBE the officers Not showing up in court..
I think if we were being "F-tards" they MAY have made it a point to show up..

[billwot]

But being that we were in the wrong place at the wrong time, doing the wrong thing... I wasn't looking to piss the officer off... He could have added several charges to our citation and did not.. I believe cooperation with his requests MAY have contributing to us just receiving one charge and MAYBE the officers Not showing up in court..
I think if we were being "F-tards" they MAY have made it a point to show up..

'
Sorry, still confused. What were you doing that was illegal? What were you charged with?