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the first time, i was told the 2 tickets would go away if nothing else came up in 6 months. and nothing happened within the 6 months so the tickets went away. (2010). in May 2012, i had a lawyer that advised me to pay 1 ticket (i had been feeding my cats and the ticket was issued for feeding bear) and the other 3 would be dropped but, i would not be allowed to feed wild birds from feeders or feed my cats outside for an entire year in my yard). in June i had hired a guy to do my gardening work and i had told the story to him when he installed my surveillance cameras. i had fired him at the end of July because he became verbally abusive and threatening. he had also been stealing from me. he then poured gasoline in my barn, and filed a complaint to the DEC that he found food on the property. there was no food anywhere on the property but the DEC officer never came to look over the property. he issued a ticket based on the statement of the gardener. i had to go to court again and was told that the CD would be extended for an additional year (it was Jan 2012 when that closed). in february 2013, the neighbor saw crows & wild turkey in my yard but there was no food. she said that she saw food although there was none. this time, there was no ticket issued or signed by the DEC officer. the summons & complaint came from her, not the DEC. i got no letter from the court stating they had reason to believe i violated the CD, like i did from the previous complaint made by the gardener. again, the officer never came to inspect the property. i appeared in court on 4/4 for arraignment and that was the last i ever heard from the court. i worry because i'm 61 years old and the neighbors are in their 20's. they live behind me. they bought their property 3 or 4 years after i began residing in this house. they're always slowing down when they drive by my property to look at, i don't know what. i haven't seen any bear here yet . but their complaints are about wild turkey and crows now. and today, i saw them slow down when they drove by. i went to look outside to see what it might be this time, and i saw a racoon climbing the steps to my deck. i have a garbage pail alongside my deck so i can dispose of garbage without having to walk down to the road, where i keep my pails for garbage pick up. i live on an agricultural road. people keep and feed their livestock. in fact, the neighbor that has been complaining, were keeping a pig not too long ago. there are wild animals here. i live on a mountain. the woods are behind me. i am being blamed for something i have no control over. the neighbors are not from this area. they came from NJ. Lumberton NJ. they probably don't even know that bears are hibernating in Feb, when they accused me of feeding a bear, the last time.
statute/section NYR 6-187.1 C2 Charge Text Unlawful feeding bear . it's a Criminal Summons
it's not a misdemeanor and it's not a felony. it's a criminal violation. something like a traffic summons, i believe. (i don't remember how i came to compare it to a traffic summons.... perhaps a lawyer had said . the judge had said that it was a violation. but it is criminal and not civil.
i don't know if it makes a difference, but i live in Tioga County, Town of Owego. farmland. i think it's the beginning of the apalachian trail? i'm from Brooklyn NY and i have never encountered anything like this before. the most i had ever gotten in my life were parking tickets, back in Brooklyn. i believe that i'm being harassed by neighbors and railroaded by the court.
i really don't understand your answer at all. before there's any trial, there has to be a pretrial conference. i attended the arraignment on 4/4. how much time can it remain in limbo? how much time does the court have to leave this thing up in the air? i am not saying that i'm in a hurry. its not like i'm sitting in jail, waiting for a trial. can this remain up in the air until May 2014? without ever going to trial? are you sayinng that if they don't try the case by the 3rd month, they have to drop the case?
i don't think you understood what i was asking.
for example, i took a small claim out against them at the courthouse for trespassing and the monetary damage i incurred from their trespass.. i had opened the case against them, but then wasn't ready to proceed so i asked for an adjournment. the case was held open for over a year, just in case i wanted to proceed to sue them. after a little over a year it was closed. i can never go back to court and sue them for the damage incurred by the trespass because of the statute of limitations. now they're coming after me because of a supposed bear in the yard during february. they opened the case on 3/1. how long can they hold this case open, against me before it expires? how long before they have to begin again and initiate a new action? do you understand what i'm asking? the statute of limitations on this particular case is how long? before they have to give it uP? perhaps i am misunderstanding you and you have already answered, that the case will be brought to trial within 3 months of initiation - for all criminal misdemeanor actions. but i am quite sure there is no "misdemeanor" or someone would have told me.
I don't really understand very much of what i just read but i thank you for taking the trouble to send it to me. perhaps i need to read it over a few times. i was doing a little research as well, just now. i was really charged with a violation; not a misdemeanor. i had spoken to an attorney about it before and was told that each ticket would mean 15 days in jail, maximum. and that 15 days would actually turn into 9 days. but any days is too many days as far as i'm concerned. the confusing thing about what i just read is that i shouldn't have to worry about any trial since a month has passed ,,,, except for the fact that it's considered a crime, even though it's only a violation. i suppose that i'll be hearing from the court over this next month because july 4th will make 3 months. for a misdemeanor, it would be within a 3 month time frame. so anywhere between 1 month to 3 months, is the ball park figure. and, in fact, i did hire a lawyer that didn't take very much money at all. peculiar. his retainer fee, he had said, was usally $1500. but because of the nature of this thing, he only asked for $250. i had called, left a message, and asked about the statute of limitations on this. i was told that someone would get back to me with the info, but no one ever did. i really don't understand what happened because, i live in the country. everyone here knows that bear hibernate in february. but the charge against me was for feeding bear in february. and the accuser says she saw "mixed grain" from the road at 5:40 PM, when it's already dark out. my property extends 200 feet back from the road. how in the world could anyone see that kind of detail in the dark. i don't know. maybe that's why nothing has happened yet. i'm sure that the court doesn't want to go after the accuser for false accusations. i guess i have to just sit tight and wait to see what happens. it's awful that my life could be snatched away on someones word when that someone just has it in for me, for no apparent reason.
if you would please get back to me about that issue of misdemeanor vs violation.......... what you had said about the DEC only prosecuting misdemeanors....... that really worried me, cause that would mean a year in jail. i would lose my disability check, i would lose my house, and all of my cats, if that is really true. thank you.
what you are saying is that they had needed to be prepared within 30 days. and they weren't prepared within 30 days and so the whole thing is dropped but no one bothered to tell me. but like i had said before, this thing i'm being accused of IS A CRIME> IS A CRIME and IS A VIOLATION. so the statement you sent me isn't correct. they might just have a full year to get back to me on it. i suppose nothing really matters. anyone can to anything to me. i don't live in Brooklyn NY anymore. i don't have family or friends here in hillbilly country. anything goes. they probably killed all the bear in this area any way and so i haven't seen any and probably won't see any bear anymore for a very, very long time. the black bear here in tioga county will probably go extinct before they ever walk in my yard again. and so, no one cares about taking me to court anymore. i would relaly like to understand what you sent, but i don't think it applies to me anyway. i will try calling that lawyer again on monday, but for some reason, i don't think i'll get an answer. i'll be told to wait until someone gets back to me and no one ever will.
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