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SHOTGUN CAPABLE OF HOLDING MORE THAN THREE SHELLS / FWC RULE VIOLATION (Fla. Admin. Code 68A-12.002(4)(a); related statutes)

DPA

Santa Rosa

April 2, 2025

This began as a routine waterfowl hunt that quickly turned into an administrative wildlife enforcement matter. On January 4, 2025, a Florida Fish & Wildlife Conservation Commission investigator observed Mr. Michael Hamby in the field with a shotgun capable of holding more than three shells in magazine and chamber combined — a configuration expressly prohibited when taking certain migratory game birds under FWC rule 68A-12.002(4)(a). The reporting FWC officer on the resource citation is Officer Rachel Bower, and the citation reflects the FWC case and required court appearance in Escambia County Court. The charge is an administrative/wildlife rule violation tied to state conservation law. Penalties for these violations can include administrative fines, forfeiture of equipment (including firearms or ammunition), and license suspension or revocation; in some circumstances related statutory provisions can expose a hunter to additional civil or criminal consequences if other statutes are implicated. In short — even what looks like a “paper” violation can threaten livelihood, hunting privileges, and carry significant financial exposure. Complicating facts: the case was complicated by a calendaring/notice misunderstanding. The resource citation listed a court date of February 3, 2025 at 8:30 AM. The hunter appeared at the courthouse on that date but the case did not appear in the court system, so he left. After receiving a postcard advising of a warrant, he called the clerk’s office and learned the court date had been changed to February 4 and that a mailed notice had been sent (which he had not received). To clear the matter the hunter voluntarily turned himself in to the jail.

Defense strategy and advocacy: at first appearance we moved quickly to secure counsel and explain the sequence: (1) the excess shells were loaded accidentally during hunting (no criminal intent), (2) the firearm lacked an installed plug (a common hunting-configuration issue), (3) the hunter promptly cooperated and turned himself in once advised of the new date, and (4) the missed notice was an administrative mailing failure rather than willful evasion. We preserved the FWC paperwork, photographed the firearm and equipment, obtained any available warden/warden-assistant observations, and argued for a neutral bond posture at first appearance given the understandable notice confusion.

Result & why it matters: by pairing immediate, practical first-appearance advocacy with focused mitigation and negotiation, we secured a Deferred Prosecution Agreement (DPA). Upon successful completion the Office of the State Attorney filed a Nolle Prosequi and the case was dismissed — preserving hunting privileges and avoiding equipment forfeiture, license sanctions, or harsher administrative penalties. The outcome also avoided a punitive bond or a failure-to-appear consequence that would have arisen from the calendaring mix-up.

Resource Citation Trial was Feb…

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