Questions Answered by Juliet Piccone

Q: A friend gave us a dog and now wants her back after 9 months. We have paid all expenses. He changed his mind.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 13, 2019
Juliet Piccone's answer
Is you friend claiming that you were only taking care of the dog for him? Is there anything in writing either showing that he unconditionally gifted the dog to you? If he just wants the dog to breed an easy solution is to spay her, so long as you do have proof that he gave her to you and is now trying to renegotiate the gift and make it a conditional gift. This is not necessarily a black and white issue, you need a consultation with an experienced animal attorney. A few who claim to be...

Q: Additional information after lawyer responded

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jan 9, 2019
Juliet Piccone's answer
If a criminal case is filed, you could be entitled to restitution for the value of the dogs, but it's up to a judge and only if there is a conviction. Since you want to find your dogs, you should sue her civilly under a replevin theory. These are complicated cases, so while the courts do have forms you can fill out to file on your own, it really makes sense to hire an attorney that handles custody cases. There are other potential claims you can add that could even entitle you to attorney...

Q: If I have an ESA letter from a LCSW who is from out of state and not licensed in CO, is my ESA Letter still valid?

3 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 8, 2019
Juliet Piccone's answer
That sound like it violates the requirements of Colorado's fake assistance animal law. Google it or perhaps seek a legal consult from someone like me that deals with this frequently.

Q: I am a visitor at an apartment complex and are demanding medical history to prove need for my service animal. Can they.?

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Jan 7, 2019
Juliet Piccone's answer
This sounds highly unusual. But it's also highly unusual that you would have "proof" that your dog is a licensed service animal because there is no such licensing. There are websites that will give you a 1"certification" for money, but they have no legal effect. Are you sure you are not talking about an Emotional Support Animal? There may be some exemption if this is occurring on a military base, and your question says it comes from US Airforce Academy. Usually in places of public...

Q: My stolen dogs. filed police report in Boulder. Det told woman to return dogs. She won’t. file civil suit? restitution?

1 Answer | Asked in Animal / Dog Law and Criminal Law for Colorado on
Answered on Jan 7, 2019
Juliet Piccone's answer
I'm not sure how the detective is going to cite or arrest her for theft if you and they do not know where she lives. You aren't going to get anywhere without knowing where she is located, because how will she be served with a criminal or a civil summons? In my opinion, you need a real consultation from an attorney who handles these cases all the time, like me, not just a random post on Justia. We could discuss what information is known, what is unknown, and how to fill in the gaps and...

Q: My mother kept my dog. All the vet records are in my name and he is registered as a support animal.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Nov 8, 2018
Juliet Piccone's answer
I'm sorry you are experiencing this, but it's not a simple issue. You need to talk to someone who handles these cases a lot, which I do. It pays to hire someone experienced, so please consider paying for a consultation with me. Free consultations are usually worth what you pay for them; nothing!

Q: If my dog got through the fence and into the neighbors yard and killed their dog can animal control take my dog?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Oct 5, 2018
Juliet Piccone's answer
Absolutely. About 50% of my case load is dangerous dog defense. You need a lawyer right away. I charge for my consults, because this is my specialty.

Q: Isn't a stolen dog treated the same as a stolen car? It's stolen property.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Sep 28, 2018
Juliet Piccone's answer
The answer is no. Typically the police will not intervene, they will say it's a civil matter. I've only seen a few cases where they have charged someone with theft of a dog. You will need to take them to court. I'd recommend you consult with an attorney who handles matters like this on a regular basis, such as myself.

Q: At what point can I assert ownership of a stray dog.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Sep 26, 2018
Juliet Piccone's answer
Pursuant to state law, the shelter has to hold dogs with ID for five days (three for dogs without ID). Once the hold period is up they can do whatever they want with the dogs, so make sure you've put in written requests to adopt both dogs NOW and follow up daily.

Q: A guy left his dogs with my friend. She then contacted him stating that she cannot keep them. He never responded.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Sep 25, 2018
Juliet Piccone's answer
She should have a consultation with an experienced animal attorney, there is not enough information here to give any type of sound advise.

Q: If a person purchases an item in "good faith" & later finds out the item was reported stolen,can they now keep it?

2 Answers | Asked in Criminal Law and Animal / Dog Law for Colorado on
Answered on Sep 28, 2018
Juliet Piccone's answer
The police typically will not intervene in cases involving property disputes regarding dogs. Your best bet is to sue them for replevin in county court (not small claims court), and make a civil claim under the rights to stolen property statute. If they truly are a good faith purchaser you would not necessarily be entitled to triple damages and attorney fees, but the question for court would be whether their good faith ended once they were advised that the dog was stolen.

Q: My husband packed his personal belongings and left a month ago. He left his 3 dogs here, can I get rid of dogs

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Sep 10, 2018
Juliet Piccone's answer
Have divorce proceedings been started? Does your husband co-own the home or co-lease it? Were the German Shepherds his before you got married or acquired during the marriage? Are the German Shepherds being left outside all day/night? Are the dogs vicious? There are a multitude of questions that you really need to answer with an actual consultation with someone well versed in this area of law, rather than just posting a question online. This is not a yes or no question.

Q: I rescued my dog 3 years ago and I love him. How long does a rescue have to enforce the contact?

1 Answer | Asked in Contracts and Animal / Dog Law for Colorado on
Answered on Sep 4, 2018
Juliet Piccone's answer
First, it would depend on what the contract says. Second, it would depend on if just not getting a vaccination updated is severe enough of a breach of contract to warrant reclamation. Either this is not all of the story, or you adopted from a very strict rescue that may not be looking at the totality of the circumstances, i.e. how much you love your dog, etc. If they seem serious, you need to have a consultation with an attorney who writes these contracts, and enforces them, which I do....

Q: Can I shoot my neighbors dog if it get thru the fence to my side or gets out and is on my property?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Sep 4, 2018
Juliet Piccone's answer
Why don't you call animal control? Do you really think it's a good idea to discharge a firearm in a neighborhood? Especially in your scenario where your daughter is in the backyard too? The only specific exemption for shooting a dog is in the state anti-animal cruelty statute which says it is an affirmative defense to a charge of cruelty if you shoot a dog that is harassing your livestock. But even in that scenario it's a defense and not an exemption. This sounds like a recipe for disaster.

Q: Gaining custody of my ex's dog.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Aug 15, 2018
Juliet Piccone's answer
You are a bailee under Colorado law, this is what is called a bailment of property. I can see no set of circumstances in which any judge or jury would give you ownership of this dog. Your recovery would be limited to reasonable value of services/out of pocket costs for taking care of her dog. However, if you agreed to take care of her dog for her while she was gone at no charge, you become a gratuitous bailee, meaning you are doing it for free. Try to work things out with her, if you really...

Q: i rescued an abandoned dog when the owner (brother in law) passed away and now 2 years later the daughter wants the dog.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Aug 16, 2018
Juliet Piccone's answer
Did the estate go through probate? Is the daughter the personal representative? These are questions that must be answered to determine if she has standing. If yes to the first to questions, and she intends to give the dog away to someone else, would it make sense to try to negotiate with her to see if she will take some money and release the estate's claim to the dog? I would recommend a consultation with me to go over these issues.

Q: My aunt gave my dog away, can I get her back?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Aug 9, 2018
Juliet Piccone's answer
There really is not enough information to answer this question properly. Does your aunt live in Colorado? Can you get her to tell you who she gave your dog to? Is your dog microchipped? Is she lying to you, i.e. did she in fact lose your dog or bring it to a shelter? You should investigate all those issues and consult with an experienced animal attorney because this is not a black and white answer.

Q: purchased rehoming dog for service dog training dog is lame now and was not disclosed of steel rod in leg can't use her

1 Answer | Asked in Consumer Law, Animal / Dog Law and Lemon Law for Colorado on
Answered on Aug 8, 2018
Juliet Piccone's answer
I'd suggest you repost your question with what it is you want to know and more facts. Was this an expensive dog from a breeder or a rescue? Or just a purchase from a private party/ non animal dealer? You probably need an actual consultation with an experienced animal attorney to figure out if you have any recourse.

Q: chipped dog that was stolen

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jul 31, 2018
Juliet Piccone's answer
This is governed by state statute. If you fail to reclaim your pet after 5 days, it becomes the property of the shelter, and if you try to sue them, they are immune. They are not even required to notify you. Sorry, but I don't think you'll be getting your dog back.

Q: Can the person who found my dog adopt her out without my knowledge or consent?

2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on
Answered on Jul 25, 2018
Juliet Piccone's answer
If it was a year ago, my first question would be why has it taken so long for you to act? In any type of replevin case the court could look at equitable principles of laches meaning why did you wait so long. That being said, was your dog microchipped? If so, and if you could find the person who has your dog, you could possibly try to get that person to give you back your dog, and if not, you could try to sue for replevin, i.e. return of your property, because your ownership was never...

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