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came out to $1.00 a pound, probable made $5.00 a pound for the fish he caught before he got caught. Why follow the law if all you get is a slap.
I bet we will reading about him next year getting caught someplace else because there are hardly any fish left in and around the cove thanks to him, the cold and the judge.

I agree this is BS!!!

I guess the judge does not fish so he probably does not understand. Sounds like what the Maryland judges when they catch poachers. I remembered that a judge threw the book at some charter captains catching rock in federal waters. I guess fed judges understand and local judges do not.
 

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Correct, he should have gotten life !!! Ha
So now you know what the sentencing guidelines are, contact your representative and try to change the laws.
Posting and *****ing here won't help one bit.
He was likely a first time offender, and I don't know but it was likely a low grade misdemeanor, the sentence seems about in line where I figured it would be.

and the judge can't speculate what he caught or didn't catch prior to getting caught. If he could do that then a judge would suspend a drivers license for 5 yrs because he would say I know you speed every day but you got caught this once so I'm going to take all the prior speeding violations in consideration.

he was caught because someone called in about suspicious activity, if he does it again someone will likely notice.
 

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That is a crock .. The fine should have been tripled and community service doubled... And under no circumstances should they ever be able to have a fishing license again.. But then again they have no respect for the law they could care less about a legitimate license either
 

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What would have the fine and sentence been had he got caught stealing 3,000 # of Speckled Trout from a Wholsale Seafood House instead of stealing them from the state of Virginia?
 

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What a joke.

Should have gotten at least a 1,000 hours of community service and $10,000 fine, especially if they were going to leave him out of jail subject to his behavior.

Kevin
Weekend Mistress
 

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I hear the rant clearly, too bad none of you took the time to make your feelings known to the Commonwealth Attorney, or attend the court session. Prosecutor is Mr. Ellis, if you care to let him know your thoughts, I'm sure you can reach him through the Chesapeake Court system.

For a first offender, and compared to other similar cases, this was a pretty stiff sentence. Far, FAR more than Justin Stevens got for repeated cobra poaching violations and assault on a Law Enforcement Officer (felonies).

I did hear The Commonwealth Attorney mention that they would not be waiving jail time for the second offender (Mr Chen) when it comes to trial. But then, it's their job to consider the evidence, cost of a trial, and make the right decision for the Commonwealth. In the first case with Mr. Lin, they got it right.
 

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Correct, he should have gotten life !!! Ha
So now you know what the sentencing guidelines are, contact your representative and try to change the laws.
Posting and *****ing here won't help one bit.
He was likely a first time offender, and I don't know but it was likely a low grade misdemeanor, the sentence seems about in line where I figured it would be.

and the judge can't speculate what he caught or didn't catch prior to getting caught. If he could do that then a judge would suspend a drivers license for 5 yrs because he would say I know you speed every day but you got caught this once so I'm going to take all the prior speeding violations in consideration.

he was caught because someone called in about suspicious activity, if he does it again someone will likely notice.
No offense Fishboy but your comparison is idiotic. A more valid comparison is he robbed a bank vs. committing a traffic offense. This guy knew exactly what he was doing. He was stealing and not just on a small scale but on a "bank" type robbery scale. Plain and simple. He should have lost his license for life and served at least 30 days. Obviously he put the money he stole to good use with a good lawyer.

Also, posting here and "*****ing" does help. It raises awareness in the fishing community about the laws and punishments. If people don't know they can't lobby to change it.
 

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Capt. Nick. hit this exactly. Steal from the resource direct and you get a slap. Steal from a person or business on this scale and you would go to jail. The law/application of it in this case makes no sense at all.
 

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IMHO, those fish belonged to the people of the comm of Va. He did steal from us.
I don't know all the facts, and I believe he did get off light,certainly not the punishment to keep others ( that would think along same lines) ---from doing same.
Correct, raising awareness is the way to look at it.
 

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IMHO, those fish belonged to the people of the comm of Va. He did steal from us.
I don't know all the facts, and I believe he did get off light,certainly not the punishment to keep others ( that would think along same lines) ---from doing same.
Correct, raising awareness is the way to look at it.
The fish belonged the state at the time.They belong to the people after and when they are caught and or sold legally.They were actually stolen from the state in state waters.If he had stolen something from other state property I'm sure it would have been treated differently. I don't see why it is treated differently.
 

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Lots more "TidalFishfoolery", just love this forum.

Mr. Lin purchased his license and nets about 4-5 days prior to being caught, according to the bait shop owner who sold them to him. Don't know if he fished everyday before being caught, really I don't care. He's a first time offender with a misdemeanor and my impression from those involved is he's likely to never to do it again. Did he know the regulations or not?, again, really don't care. Yes, it was alert anglers (I know them) who discovered nets placed in the river and notified the Virginia Marine Police.

Now, what to do with a first time offender of a misdemeanor? Take a State Constitutional RIGHT (To fish in Virginia) away from a citizen for a Misdemeanor??? Really? That's like taking a person's driving "privileges" away for LIFE for their first moving violation. After all, isn't endangering someone on the roadway far more serious than poaching fish? Note there's a big difference between forfeiting a right versus a privilege. Mr. Lin voluntarily forfeited his State Constitutional Right to fish in Virginia as part of the plea agreement.

Mr. Lin's sentence was the stiffest I seen. Take the Justin Stevens saga from a couple of years ago...
- Overlimit Cobia (I understand it was a lot of Cobia) Guilty Verdict got $300 fine + $81 Court Costs, NO jail time and NO probation,
- Fail to present a Carcass (not sure about facts on this one) Guilty Verdict got $250 fine + $81 Court Costs, NO jail time and NO probation,
- Over Limit Cobia (I think this was the one where he had them in a "secret compartment" on his boat) Guilty Verdict $600 fine + $81 Court Cost, 12 months jail time suspended for 24 months (Probation). Each of these are separate date offenses.

Then there's the Felonies Justin Stevens was charged with in 2012.
- MOB: Malicious Wounding (Felony) Amended to a Misdemeanor Assault & Battery in Circuit Court found Guilty and given 12 months jail time all suspended, NO fine, $247 court costs and 4 years unsupervised probation.
- Second charge Assault & Battery on a Law Enforcement (Felony) Amended to a Misdemeanor Assault & Battery in Circuit Court found Guilty and given 12 months jail time all suspended, NO fine, $247 court costs and 4 years unsupervised probation to run consecutively with other offense.

You can get all wound up about how high to hang the first time offender, post all kinds of crazy talk about massive fines and unrealistic community service, or just complain about how they ruined the ER fishery for everyone. My point is that the Virginia Marine Police deserve lots of credit for being quick to react and stop this illegal activity. Credit also goes to the Commonwealth Attorney in Chesapeake who has worked this case diligently to a correct sentence for a first time offender, saved the people the cost of a trial, and help send a message to the fishing community as a whole that poaching will be dealt with.
 

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Marine police were not quick. This has been going on for years. Also there are more netters than were caught. There we nets back out there the next week around the Jordan bridge area. Glad these guys are being charged though.
 

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The fish belonged the state at the time.They belong to the people after and when they are caught and or sold legally.They were actually stolen from the state in state waters.If he had stolen something from other state property I'm sure it would have been treated differently. I don't see why it is treated differently.
After some though, you are correct, the fish are a resource of the commonwealth.

"Credit also goes to the Commonwealth Attorney in Chesapeake who has worked this case diligently to a correct sentence for a first time offender, saved the people the cost of a trial, and help send a message to the fishing community as a whole that poaching will be dealt with." (Captwil)

:thumbup:

He helped send the message, this discussion is helping to carry it along, hopefully to those that need to hear it.
 
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