Need legal advice. Huge problem. Worst of my life.

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12 Volt Man

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Wow. I can't believe this is happening to me. I live in Utah (Davis County) and just moved in to a new house a couple of days before Christmas. I also have a little English Pointer puppy that is only about six months old. For those who have never seen an English Pointer, they are kind of skinny. I put up a 10x12 dog run under the back deck which is completely covered. I also have one of those "igloo" style dog houses. It has been very cold here so each night around 9 to 10pm I have been letting the dog into the garage to sleep in his dog crate. The crate has a blanket and cedar chips to keep him warm. I had been feeding the dog outside but started feeding him in the garage because the water kept freezing. I left two empty feeding bowls out in his dog run. I have two more in the garage where I feed him. I feed the dog Purina Pro plan. Approx 2 cups in the am and 2 more in the pm. I have not missed a day. The dog has never spent a night outdoors since we moved in to this house. Oh I also need to mention that his dog run was dirty with poop. I had not cleaned it yet since we lived there, and had planned to do it on my day off which was yesterday when this all happened.
So a couple days ago an electricial comes to install a light next to the dogrun that was left off. He came to the door while he was there and said to my sister in law (she was babbysitting our kids), "Your dog is cold and needs to come inside" It was probably close to 40 degrees that day. Then she left and took the kids to my daughters dance class. When my wife got home from work, there was a note from animal control on the front door saying they were investigating me for animal cruelty. She went to check on the dog, and it was gone. They took it. Yesterday morning I call Animal Control to find out what the deal is and they tell me. "We took your dog because it was near death, it would not have made it through the night." Then they say that I have to talk to the "officer" in charge of the case. Later he calls me, tells me that I need to come talk to them. I load up the kids and head to the animal control center. He sits me down and read me my rights. "you have the right to remain silent etc...." I could not believe it. It was like I was being arrested. Come to find out. I probably will.
He tells me that they had to take the dog to a vet and that the vets expert opinion is that the dog had not been fed in two weeks. That would mean that I hadn't fed the dog since I lived in the new house. Which is complete BS. I still had the empty cans of food in the garage from that morning and the night before. Which by the way, they never saw because they only say what was outside when no one was home. He would not come back to my house and see the dogs food and sleeping quarters. My Dad brought up a good point when he said. "if it hasn't been fed in two weeks, then where did all the poop in the pen come from". I called a casual aquaintance who is a vet and he agreed. These bastards are trying railroad me here. They tell me they are turning it over to the county prosecuter and they want to charge me with 3 counts of animal cruely. Which could carry up to a year in jail for each. 3 Class B misdemanors. ***? I am only 30 years old, hard working I have two kids and another on the way. I just got in to this new house and I have maybe an extra 200 bucks a month after everything is paid for.
The facts are. The dog has been fed EVERY day. It has never spent a night outside. He was skinney. This breed is a skinney breed. They think I left it out there all day and all night for two weeks with no food or water. AAAAHHHHGHHHH! I am so frustrated about this. I can't believe it. If they send me to jail, I will lose my house job and everything. I can't afford an attorney, and I am afraid if I use theirs I will be hosed even worse.
And here is the other kicker I guess I would probably lose my CCW over this too. Any and all advice and your prayers would be extremely appreciated. Thanks.

Oh also I have never been in any trouble with the law whatsoever. And the night before this happened the dog was running around the garage fine and I was working on some commands sit, stay etc...
 
It would be vital. Problem is I hadn't taken it there yet. With the Holidays and moving it was not the highest priority. It was planned, just not done yet.
 
My advice to you is to retain an attorney, though you can't afford one. Believe me, the short term price you pay for one is much cheaper than the long term cost of getting royally screwed by the "justice system".

When I was going through a divorce, I was not in a good financial position. I was still in college and working at a job paying a little over $8 an hour. My ex-wife was slapping me with all sorts of legal crap and hitting me up for tons of alimony based upon my future income as a software engineer.

Without the help of an attorney, the total of $10,000 I spent on my defense would have been easily dwarfed by the loss of my right to keep and bear arms (bogus restraining orders and claims of attempted murder!), the $1000+ a month in alimony, etc, etc, etc.

Again, you need legal counsel. Otherwise, you're nothing more than chum for the sharks.
 
Get a good criminal defense attorney. Even if it means taking out a home equity loan. You might be able to go after the State for Legal /Court costs, punitive damages for false arrest / imprisonment etc.

Take pictures of the feces as it sits, and save (freeze) all of it you can find from the dog. A good attorney should be able to find a University based Animal Scientist or Vet who can estimate how much you were feeding the dog over the two week period based on the weight and appearanceof the feces. It can also be DNA type matched to the dog to prove it is genuine. And a good Animal Scientist or Vet can also testify as to what the normal range of weight for that breed should for that age, etc.

As was mentioned, get your own vet to evaluate the animal ASAP.
 
12 Volt,

They will likely try to ramrod you into taking some sort of plea. Here is my recommendaiton.

1. Retain a GOOD attorney.

2. Check with the attorney about documenting the puppy crap. Don't remove and dispose of it.

3. Don't throw away the empty dog food cans or other empty food bags.

Next, how long have you had the puppy? If not long, perhaps you can contact the individual from whom you purchased the pup and have them attest to the condition of the dog upon turning it over to you AND that individual should be able to arrange to see the dog immediately.

My advice is to fight this thing tooth and nail. I had a situation where a Game and Fish deputy here in Arizona charged a friend and I for firing across a road. We were out in the middle of the desert, approximately 12 miles from any maintaned road AND we did not fire across the primitive dirt road which he claimed we fired across.

We inquired of the Deputy as to what road we fired across and he stated it was the primitive (read: dirt) road that was behind us from which he entered on. We then asked him to describe what he witnessed. He stated that he "heard" us fire across the road!! ***???

Long story short, the prosecutor tried to ramrod me into accepting a "generous" plea in which we would forfeit our weapons (around $6,000.00 worth of guns), pay a $300.00 fine and plead guilty to a class 3 criminal misdemeanor.

I retained an attorney for $1500 (total) and my attorney stated that the situation was odd, because the Deputy should have seized the weapons right then and there if they truly believed in what they had charged us with.

Next, I showed up at my second pretrail meeting with my attorney. It took the prosecutor over an hour to reach the Deputy who then could not recall the situation that happened four weeks earlier AND HE WAS NOT WILLING TO SHOW UP FOR COURT TO SUPPORT THE CHARGES HE FILED. These guys can be real buttholes.

Oh, by the way, I'm NOT one of those "LEO BASHERS." Law Enforcement Officers DO MAKE MISTAKES. Ironically I, myself, am now an investigator for the Attorney General's Office and I KNOW how (from time-to-time) bogus charges are wrongly filed against honest people. I sincerely hope to run into that Deputy and give him a piece of my mind.

Keep us posted on your situation.
 
I own whippets. They are supposed to look thin. A whippet or most any dog in good condition will just barely show ribs under their coat. I got that information from some literature on nutrition and health in my veterinarian's office.

I helped prosecute a guy who didn't feed a young whippet for at least ten days. That was the veterinarian's opinion. The young whippet was almost a bony skeleton, his hip bones were clearly protruding. He couldn't even stand on his own without assistance.

Key to the successful prosecution of this particular jerk was I video taped the starved dog and compared him to a whippet pup one month younger than the poor guy. The younger well nourished whippet was almost twice the size of the starved whippet and full of energy.

If the county's retained veterinarian is power feeding your dog, successful prosecution of your case will require detailed photographs of your dog. Video tape is better. When you are arraigned you should demand all copies of photographs taken or video tapes taken of your dog by animal control along with the veterinarian's written report who examined your dog. This should be provided to you at your arraignment.

Be prepared to come up with your experts on English Pointers who will be convincing when they testify what English Pointers are supposed to look like. As soon as possible your attorney should insist the dog be examined by another veterinarian who is not on contract to care for dogs seized by animal control.

Your attorney should also explore the means the animal control officer developed probable cause to believe you were abusing and neglecting your dog. And more so, the authority the animal control officer used to enter your property to seize the dog. Even though the dog was outside, it most likely was in an area you considered private and not open to the public. This area is defined as the curtilege of your home and Fourth Amendment protections against unreasonable search and seizure apply. If the animal control officer lacked probable cause and entered your property illegally to seize the dog, the dog and any evidence derived from that seizure are inadmissible in court.

The electrician who apparently called animal control should be made to attend court. Your attorney should make it very clear he or she intends to examine the electrician to determine if he has any particular biases against dog owners. What is his area of expertise when it comes to determining what is healthy for a dog, and what is abusive.

An aggressive policy by your attorney will make the DA take a closer look at the evidence he has for prosecution.

I wouldn't just roll over and take a plea bargain offer from the DA. They have a nasty way of insisting on probation. The guy I helped prosecute for abusing and neglecting his dog ended up with 90 days in jail, $1,000 fine, and three years probation. The video tape I made of the starved dog was the primary piece of evidence that led to the prosecution and conviction.

During the period of his probation he was not allowed to own or possess any animals. You can bet your booties that hidden in your probation, should you accept it, is a prohibition against possessing firearms.

Get an attorney. If it turns out the animal control officer and the electrician violated your rights, he most likely will help you with pursuing monetary compensation for your attorney's fees and other costs.

Pilgrim
 
!2 Volt .... I hardly know what to say .... much potentially useful advise has already been given .. can't add to that but I am just sitting here shaking my head in near disbelief.:uhoh:

This sounds like one or two ''child abuse'' cases I have heard of ... where something innocent is either misinterpreted or blown up out of all proportion ..... only to result in the most horrendous consequences once the evil ball gets rolling.

Certainly I wonder if the elctrician actually knows squat about dogs and breeds .... and as for the ''not fed for 2 weeks'' .. geez ... that is not even logical.

I sympathize more than I can say .. this is interference, abuse of rights even ..... and just downright stinks judging by your account. ....... which I doubt you would have even written if not for the extremeness of the situation.

Sorry - I am not being any help ... just totally blown away by your predicament.

You HAVE to fight this ... you really do .... and maybe finish up finally making a counter claim to get redress on your expenditure... even if it is drawn out.
 
IANAL,so I can't give legal advice, but

Isn't there a breeder's association, or breed registry, or something like that, one of whose members might be able to give EXPERT advice?
 
Fight it tooth and nail, bro, with everything you've got and everything you can get! Good luck and God bless!

This sort of thing is another example of why people who care about their rights need to start putting up *high* privacy fences (or even *walls*) all around their property, and putting gates across their driveways, and keeping those gates locked. And keeping their window drapes or blinds *closed*. And why they need to beware of all the new breed of quisling-like private-sector snoops, snitches, and tattling TIPSters, like that electrician. (I wonder if there's some way you could *sue* his sorry informing @$$?)

Maimaktes
 
Retain a lawyer who has an investigator on his staff. The investigator will collect all of the evidence, photograph the entire scene, go to the pound and photograph the dog, take depositions from any witnesses or neighbors. You need to get photographs of the dog PRONTO before they can claim that they have fattened him up by feeding him after you starved him.
 
Here is a photograph of a full-grown English Pointer, not a puppy.
9hunt10.l.jpg


Doug Lovander, who lives near Willmar, and his English pointer, Zak, serve as symbols of
the relationship between hunter and dog.

Stormi Greener
Star Tribune

Published September 10, 2003
© Copyright 2003 Star Tribune. All rights reserved.
 
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Don't lose too much sleep, if what you say is true just talk to the prosecutor. He has no desire to fine or throw you in jail. The simple fact is even if you were guilty he cannot devote the time and resources to your case and the jails are way too crowded. Get a lawyer for insurance, but they won't do anything UNLESS the news media gets a hold of the story. Worst case, a small fine. Get on with your life, its not a capital offense!:D
The Animal Shelter people are trying to scare you just to get their "pound of flesh". They have very deep feelings about animals and are more than a little emotional. Your peace of mind alone would be worth the small lawyer's fee and he will let you make small monthy payments. Its quite possible your lawyer will place a short phone conversation with the DA and bye and large it will all go away.
 
Go here http://www.whohasmydog.com/searchba...ts/Dogs/Breeds/Sporting-Gundog_Group/Pointer/ to find info on English pointers. They have numerous listings for breeders, clubs, and most importantly rescue shelters (2).

Web Pages
Pointer Rescue Inc. - http://www.pointerrescue.org/
Organization helping to place rescued Pointers with adoptive and foster families. Pictures and information on adoptions, volunteering, and donations.
German Shorthair Pointer & Pointer Rescue - http://www.petfinder.org/shelters/TX176.html
List of adoptable dogs, short description of the breed, and contact information.
Click to expand...

I believe these people, including their vet, have no idea of what an English Pointer is supposed to look like.

Resource page located HERE

http://www.crazyhorsekennels.com/

http://www.vippointers.com/webring.html

http://www.gsinet.net/~cumbrian/
 
For one thing, I'd be stopping payment on the check I wrote to the electrician.

If he was the impetus for this while thing, you may be able to make his life hard. Ask the attorney that you must hire about that.
 
deanf

He has no legal recourse against the electrician unless he can prove that, by his actions, he intended to cause him harm.

As for not paying the bill, that is a BAD, BAD, BAD idea. When work is performed on your home, there is an implied mechanic's lein against the property. It is better to pay the amount and then challenge for it back in small claims or municipal court than to have the lein hanging over the property.

If there is a lein, he will not be able to re-fi, get a loan, or sell the property until the lein is settled. Even if he has the property homesteaded, the homestead will not protect the home from leins against work done on the peoperty. It only protects it against leins that are not against the property like a lawsuit becsue of an automobile accident.

The only thing he can do by refusing to pay is to further complicate his life with someone who already doesn't like him and thinks he tortures animals.
 
12 Volt Man

You need to ascertain if a warrant to search the property was obtained and have your lawyer demand a copy of the warrant and the name of the judge that signed it.

You also need to get the tape that the city keeps of the calls that come into them if possible, to see what this guy said on the day in question.
 
Most dogs in the US are in danger from overfeeding, not underfeeding. Children, too, for that matter. Someone needs to point this out to Homeland Animal Control; they should be be arresting me and my crafty food-stealing Malamutt, not 12 Volt and his supermodel dog. No, wait, I'm sending him to Bally's....

As far as practical advice goes, what everyone has told you is right (especially jimpeel; don't add new legal problems to old): you now have a new full-time job getting this straightened out. At least they haven't killed your dog yet, so that's a bright side... when the Royal Society for the Prevention of Cruelty to Animals was founded in England, one of the first laws they got passed was a law making it illegal to use working dogs for turning spits, pulling carts, etc. Hundreds of thousands of dogs were put out of work and starved (some people too, but just lower-class types so that was not a problem).

So look; you tried to care for a dog. That's a good deed, and no good deed ever goes unpunished. Hopefully you'll survive without any midnight animal control ninja attacks, and go on to be killed by some completely different government agency (I'd bet on the FDA; they have the most comprehensive ability to prevent life-extending technologies).
 
I just love Copernic searches!

I'm sure the animal control types would think that animal is underfed and take him away.

That is a great pic, out there in the stubble watching for a fat rooster to fly past at the urging and behest of faithful Fido.
 
And yet somehow, we're to believe that there isn't a police state.

Do not plea bargain. Get an Attorney. The thing you have to file with the court (or your Atty.) to get copies of all evidence that's going to be used against you is called a 'Motion for Discovery' here, dunno if it's called the same thing in your neck o' the woods.

That sucks.
 
12 Volt Man

Remind them often -- very often -- of how much of your children's food they have taken off their table by causing you to redirect those funds to fighting this specious case.

In all liklihood, they will probably be happy that your children will starve as they are not as good as the animals whose habitat they are ruining with their encroachment because of your overbreeding.
 
Dogs like yours are bred for broad chests and narrow waists. Typical hunters. To a doofus, this may appear as underfeeding. Ask these morons if they ever heard of bloat. If your description of circumstances is correct, your only slip up is crap control.

I've got two small dogs one 10 lbs., one 15 lbs.. Both house dogs. Mr. 15 lb. is mean as a snake. I have given him away 2 times, both times I got him back. TOO MEAN. He's bitten me several times over the years. We've learned to tollerate each other. About 2 years ago I was trimming his nails outside on the porch. That function generates 95% of bite response. Sure enough, chomp, he got me. I picked him up by the scruff of the neck, he had uh, oh, look in his eye. I explained to him his attitude was unexceptable, and put him down. The next day there was an unsigned letter in my mail box telling me to quit my abuse or face being turned into animal control. Letter also said they would be watching me.
 
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