QUESTION
What could I do if I am being prosecuted by animal control?
Asked on Aug 25th, 2015 on Criminal Law - Utah
More details to this question:
A neighbor is claiming my dog killed his cat. He says he has pictures of my dog loose but no pictures of my dog killing his cat. We went to mediation where nothing was solved. When he claims my dog killed his cat, he called animal control. Animal control showed up and he claims they saw the dead cat. They went to our house and cited us for animal at large but made no mention of any cat whatsoever. The citation was dismissed as well. I'm wondering if can actually have a good case or not.
5 ANSWERS
Ronald A. Steinberg
Most cities have ordinances, local laws, which require dogs to be fenced or on leashes. If your dog was loose, you violated the law, and if prosecuted and found guilty, could be fined. It has nothing to do with killing the cat. Strictly the fact that your dog got loose.
Answered on Aug 25th, 2015 at 8:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Anybody can suit anybody else for whatever they choose to allege. Given the fact that the citations have been dismissed it will be up to your neighbor to prove his case, which appears to be somewhat difficult. On the other hand, you should be aware that the level of proof necessary in a criminal matter is higher than in a civil matter.
Answered on Aug 25th, 2015 at 6:26 PM
James Eugene Hasser
If all charges get dismissed (and not some other plea deal), you may have a claim for abuse of process. Good luck.
Answered on Aug 25th, 2015 at 6:14 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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At this point your neighbour does not seem to have much evidence. He's got the burden. (At the same time, I would check up on everything I could about the dog's whereabouts on the day the cat allegedly died. Does your dog have a history of aggression?
Answered on Aug 25th, 2015 at 3:57 PM
Lisa Hurtado McDonnell
I don't think so. They need some evidence that the dog injured the cat.
Answered on Aug 25th, 2015 at 3:53 PM