hog&deerhunter
Ten Pointer
What a prick. He should have gotten his ass shot.
Definitely a slap on the wrist IMO. My guess is it won’t be much of a hindrance, nor will it stop him from boat riding during duck season. Hopefully he won’t hurt anyone in Maryland.
he DA and the defense attorney reached some type of agreement without any discussion with me.
I recently prosecuted a person trespassing on my land. The person had a long criminal record including several felonies. The whole time it seemed like the defense attorney and the Assistant DA who handled the case were teaming up against me. Delayed multiple times with out my consent. The DA and the defense attorney reached some type of agreement without any discussion with me. The assistant DA let me sit in court most of the day and never told me the case had been settled hours before.
My only consolation was the trespasser probably paid a substantial legal bill.
Will Umphlett retain his hunting privileges?
My understanding is there is a compact among a number of states that honor license prohibitions based on court cases, and Maryland is one of them. Don't know about Virginia.
Probably brought in a top notch out of town lawyer and the DA didn't want to risk it and waste time and resources to fight it.No way I would agree to any kind of deal if I was the victim. This should have been a slam dunk, can't understand.
Yep...They represent the state. They have to weigh the interests of the state, and that includes time and money, as well as the chances if it hits a jury. Its easy for us to say, "hang 'em high, they truly wronged me and it should be a slam dunk." The DA has to balance the case load, look at the chances with a jury, the sentencing outcome if he wins vs the plea (is the judge really likely to lock someone away for years for trespassing.)they don't have to discuss it with you - it's between the DA and the defendant basically,,,the defense attorney is the conduit to the defendant. Once you bring charges, it's in the DA's hand to prosecute the case or not, and whether they go for a plea bargain or not. Normally depends on their case load.
and in case you are wondering,,,,,yes, I stayed at a Holiday Inn Express last night!!
Eh...From what I hear (which isn't a whole heckuva lot) its usually a better idea to hire the local lawyer that knows the judges and DA's...Probably brought in a top notch out of town lawyer and the DA didn't want to risk it and waste time and resources to fight it.
Yes. But would have to prove damages. The easy number would be the repairs on the boat he rammed.It is my understanding that this trial was under criminal law not civil law. Could there still be a civil trial (although if nobody was physically hurt, chance of success is low)?
Burden of proof is generally lower in civil law...
Judged by 12 or carried by 6.............up to you.While on public land hunting, if a person is subject to the kinds of actions perpetrated by Umphlett is that person obligated to retreat or can they use measures to defend themselves? Not sure how the "NC Castle Doctrine" applies.
While on public land hunting, if a person is subject to the kinds of actions perpetrated by Umphlett is that person obligated to retreat or can they use measures to defend themselves? Not sure how the "NC Castle Doctrine" applies.