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I was charged for taken a deer without a license and the two charges were dismissed I took a plea of a civil infraction can

Lansing, MI |

charges be brought back on me for this??

I asking because the DNR officer is upset and said he was talking to the DA and doesn't want to give me my deer head back

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Attorney answers 3

Posted

Not if the case was resolved with a plea to a reduced charge or civil infraction. The case is now over.

Asker

Posted

thank you and does the DNR have to give me my head back since it was dismissed and I wasn't found guilty on the charges

Jared Clayton Austin

Jared Clayton Austin

Posted

That may depend. Was it part of the plea negotiations? If they think you got it ilegally then they probably won't give it back to you. Contact the DNR to see what their policy is or if someone other than you can retrieve it.

Posted

Notwithstanding the dismissal of the criminal charges in return for the civil infraction plea, the real question now is whether you can get your "deer head" ??? You may have to pay some DOE and retain counsel, if the DNR won't voluntarily return it to you. You should be able to find a "deer head" specialist on AVVO. Good luck.

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Posted

No they can not be brought back but you will not get the deer head either. One can not profit from their wrong doing even if the case is dismissed or plead to something lower.

Asker

Posted

ok I guess I don't understand if it is dismissed then what wrong doing did I do? The head was taken from me for breaking the law which was dismissed?

David B. Carter Jr.

David B. Carter Jr.

Posted

This is called plea bargaining. If you did nothing wrong then you would not have admitted to a civil infraction. Just because you were able to have it knocked down from a criminal offense t a civil offense does not mean you did nothing wrong. You got a break and you can not profit from it.