Thread Tools Display Modes
Old 05-16-2007   #21
Matt J's Avatar
Leadvillian, Colorado
Join Date: May 2005
Posts: 381
You're not necessarily "in trouble," but the e-mail is permissable. Meaning that if you admitted guilt then the prosecutor can present the e-mail as an exhibit which would look pretty convincing. Maybe a real lawyer will chime in here and help you guys out. It kind've makes me wish I was a lawyer, 30 - 40 clients in one fowl swoop!

I think your strategy should depend on your situation. If for example you're a school teacher, student on financial aid, or pilot then you probably want to assemble all the evidence you can to refute the charges and solicit a lesser offense. In Vail I had a possession knocked down to a "disturbing the peace" which I thought was pretty ironic.

If you'd rather make a point and you have nothing to lose then by all means ask for a jury trial. The penalty for a conviction may be more severe, but you will definately waste more time and energy than you'll pay out which sends a pretty clear message.


Matt J is offline   Reply With Quote
Old 05-16-2007   #22
Park City, Utah
Paddling Since: 1985
Join Date: Oct 2006
Posts: 700
Be Careful

Judges are temperamental people. If a judge were to see a bunch of these cases in a day, I would argue he may be more likely to throw the book at the offenders than the police. I've seen a judge hold a guy in contempt and send him to jail for the night for wearing a short sleeved shirt with a picture of a pot leaf on it in his court.

A better strategy might be to organize a river clean up with all "offenders" and then partner with the rangers and the prosecutor to have all of the charges dismissed for the parties who participate. When you go to war with the man, the cards are stacked against you. As the ranger pointed out, you were breaking the law, whether he agrees with the law or not.

Lawyerly advice,


Canada is offline   Reply With Quote
Old 05-16-2007   #23
Telluride, Colorado
Paddling Since: 1994
Join Date: Aug 2006
Posts: 57
Thanks for the advice...any ideas on how to propse a river clean up for offenders. Do we need to wait for court? Should I email Ranger Rick again with the idea?
mountainfish is offline   Reply With Quote
Old 05-16-2007   #24
Join Date: Apr 2006
Posts: 6
Everyone - just got this from a friend in Southwest CO who was involved in the incidents last weekend on the Dolores. Apparently we should re-direct our rage to someone other than Ranger Rick. Ranger Rick is our friend!
Folks need to stop raging on Rick Ryan, Dolores River Ranger, in regards to the incidents on the Lower Dolores this past weekend. Rick had nothing to do with it, & has no power to change what happened.

If you wanna complain, contact Steve Beverlin at the Dolores Public Lands Office. He has the power to put the reins on Barney Fife. Also, Rick has nothing to do with the release of water on the Dolores. To whine about that, contact Vern Harrell at the Bureau of Reclamation in Cortez.

Rick Ryan is a totally cool fellow.....a friend to all boaters, & a huge asset to our community. He is getting totally reamed via email, & he does not deserve one bit of it. So, please stop harassing one of our few allies down here in the Four Corners.

We were not expecting a release this year at all. Thanks to a sudden heat wave, & no irrigation being used, we got a blessing from above. It caught everyone with their pants down, & Rick was slammed trying to get the facilities ready with only 2 days notice. He has no staff this year. So, it is Rick we all need to thank for having clean outhouses stocked with plenty of TP.
bevin is offline   Reply With Quote
Old 05-16-2007   #25
Fort Collins, Colorado
Paddling Since: 1986
Join Date: Apr 2007
Posts: 168
Federal Court is Different!!!!!


I have heard directly from one of the people who rec'd a citation tha he was summoned into federal court in Durango.

BE VERY CAREFULL!!!!! Federal Court is different than your local County court for DUIs and so forth. The $100.00 fine only penalty is a state law, I do not know the penalties for federal violations, they are likely to be more severe.

Fort Collins
twmartin is offline   Reply With Quote
Old 05-16-2007   #26
Fort Collins, Colorado
Paddling Since: 1986
Join Date: Apr 2007
Posts: 168
Federal Penalties

The NORML website link below has a chart setting out the penalties for simple possession in Federal Court. It appears that simple possession is an offense that COULD lead to jail time even for a first offense, but jail is not mandatory.

twmartin is offline   Reply With Quote
Old 05-16-2007   #27
Carbondale, CO
Paddling Since: 2000
Join Date: Jan 2006
Posts: 132
A couple of years ago a buddy of mine got popped on BLM land near Zion. Similar deal... sitting in camp and BLM rangers came out from the bushes and ticketed them for passing a oneie. It was a fedral offence that they pleaded guilty to and got a year probation and random piss tests for a year. It's crap all around, but one thing that really bothered me is that they didn't have to pay for the drug testing. It was paid for w/ tax payers $$$.
Kendarflugen is offline   Reply With Quote
Old 05-16-2007   #28
GWS, Colorado
Paddling Since: 1992
Join Date: Dec 2004
Posts: 486
I'm a lawyer, but not your lawyer. And here is some free legal advice: If you care about having a possessions conviction on your record you need to get yourself a criminal defense lawyer, not a water lawyer or boating lawyer. There is a man in Durango named Joel Fry. He used to be the drug prosecutor in the Durango DA's office. He is now is private practice. Do yourself a favor and look him up. If you can't find him pm me.

Remember, criminal defense attorney. (preferably one that has practiced in federal court).
Mut is offline   Reply With Quote
Old 05-16-2007   #29
Join Date: Nov 2003
Posts: 112
I defended a marijauna possession case in federal court and was able to get the kid a deferred sentence (which is very rare in CO Fed. Court as the prosecutors are not inclined to cut deals that don't lead to a conviction of some sort). It is not a petty offense like Colorado. It's a misdemeanor and the potential fine is more severe (I can't remember exactly but I seem to recall there was a potential of about $1000 fine), aside from the implications on student aid alluded to earlier.
matobs is offline   Reply With Quote
Old 05-16-2007   #30
Matt J's Avatar
Leadvillian, Colorado
Join Date: May 2005
Posts: 381

to all the lawyers, thanks!

I knew there were a few in the woodwork. I don't think Shakespeare was holding a ticket to appear in Federal Court when he said, "the first thing we do, let's kill all the lawyers!"

Once again good luck to all the "offenders."

Matt J is offline   Reply With Quote

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

» Classified Ads
Pyranha 9R LG

posted by atom

2016 Pyranha 9R LG for sale. Used twice. Love it but not...

Demo 2016 Jackson Karma...

posted by 4CRS

Used 2016 Jackson Karma Unlimited whitewater race kayak -...

Demo Jackson Karma L

posted by 4CRS

Used 2016 Jackson Karma LG whitewater kayak - lightly used...

Powered by vBadvanced CMPS v3.2.3

Our Communities

Our communities encompass many different hobbies and interests, but each one is built on friendly, intelligent membership.

» More about our Communities

Automotive Communities

Our Automotive communities encompass many different makes and models. From U.S. domestics to European Saloons.

» More about our Automotive Communities

Marine Communities

Our Marine websites focus on Cruising and Sailing Vessels, including forums and the largest cruising Wiki project on the web today.

» More about our Marine Communities

Copyright 2002-2012 Social Knowledge, LLC All Rights Reserved.

All times are GMT -6. The time now is 06:41 PM.

Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2016, vBulletin Solutions, Inc.