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Questions Answered by Juliet Piccone

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Can the police just come and take a dog out of a house with no proof that is did something

Juliet Piccone answered on Apr 29, 2019

Your question is not really clear, do you mean someone accused your dog of an attack? If that's what you mean, a complaining party's statements to law enforcement could give probable cause to impound a dog, especially if the accusation is that the dog bit a person and broke the skin, because... Read more »

3 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on

Q: My ex gave me a dog as a Christmas present. We lived together with the dog for 3 years, He's claiming rights to her now.

After he gave her to me I paid all the vet bills, micro chipping, injuries, dog food etc... She was bought off Craig's list in cash by his mother. I have her in my possession now but I'm scared of what he's capable of doing now. We originally made a verbal agreement to share her but he changed his... Read more »

Juliet Piccone answered on Apr 2, 2019

I have personally litigated a number of cases with very similar fact patterns. In my last case, the girlfriend claimed that the puppy was a gift, but in court we proved that it was not, because the boyfriend had signed an adoption contract, the microchip was in his name and the vet records listed... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: Can you adopt a pet if the owner goes to jail?

Someone I know went to jail and I currently have his dog. The reason I currently have his dog is because he was my sister-in-laws boyfriend and he beat her. His parents are not interested in taking the dog. I am willing to take ownership of the dog, but I don't want this person part of my life... Read more »

Juliet Piccone answered on Mar 18, 2019

I'd recommend you either have a consultation with an experienced animal lawyer or if you are good at research, look up your local animal control laws on abandonment. Some specifically say that being incarcerated is grounds for abandonment. Next I would talk to your local animal control agency and... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: My boyfriend and I each have an esa dog and each have an additional dog. Is this allowed in Denver since half are esa?

Is this allowed since 2 aren’t technically household pets and are esa and the other 2 are household pets?

Juliet Piccone answered on Mar 14, 2019

You would need to first contact Denver Animal Protection and see if they license ESA animals separately from pets. Be prepared to bring very specific documentation per CO's fake assistance animal law which requires a qualified health care provider state that you are disabled and the specific need... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: Someones dog jumped into my yard and got my dog pregnant. Can I sue?

My dog stays outside from 830 to 12 and then again from 2pm to 5pm. Sadly on a chain only because she jumps. Food and water included out side. So no neglect from me. But some random dog came into my yard and impregnated her. Now I have 6 puppies pooping and stinking up my home. What can I do... Read more »

Juliet Piccone answered on Feb 24, 2019

Unless your bitch is an award winning purebred, what are the damages? Who are you going to sue? Are you going to go door to door demanding baby daddy paternity tests from all the male dogs? Why isn't your female spayed? I'd highly recommend you surrender both mom and pups to Fremont Humane Society... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: I live in a rural part of Colorado. After 40 years of rescuing Siberian Huskies one of my dogs escaped the yard and

Killed 2 chickens. I am more than willing to pay the fine for dog running at large but the neighbor wants $500.00 per chicken. What is a reasonable price for a chicken? Bear in mind it wasn’t a pet.

Juliet Piccone answered on Feb 19, 2019

If you get charged with violating the state law of ownership of a dangerous dog that has killed a domestic animal, which includes livestock, animal control can seize the dog that did it, force you to pay for the animal's cost of care for months (and if you don't you lose ownership) and the court... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: Are pit bull/husky mix allowed in Costilla county Colorado ?

Juliet Piccone answered on Feb 18, 2019

Colorado enacted legislation prohibiting breed bans in 2004, but subsequent court rulings held that the state statute is not applicable to home rule municipalities (for example Denver and Aurora). Costillo County is a political subdivision of the state, (counties do not have independent... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: My dog is wrongfully accused of attacking a man in the park. On police report.

Can they confiscate my dog? Do they give me notice of intending to do so? By the way, the man pulled a gun on me but not charged with anything!

Juliet Piccone answered on Feb 18, 2019

Did this happen in California or Colorado? In what city? There is really no way of answering your question without knowing where it happened, when it happened, if skin is alleged to have been broken which would be important to know if your dog needs to be placed on a mandatory rabies quarantine,... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: Person found a missing dog, called to relinquish it... but now says his friends don't want to give her back.

Someone found a dog that escaped from a fenced dog run at a motel in Denver. He finally called after having her for almost a week to say they would give her back... and he wanted the reward. The guy who actually found her moves from place to place so he really doesn't have a home and he left her... Read more »

Juliet Piccone answered on Feb 5, 2019

The owner should first try to get local police to contact the individuals with the dog, this sounds like theft. Police often won't get involved in pet custody disputes between people who know each other, but when it's a stranger, especially someone who found a dog or in this case a found dog was... Read more »

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2 Answers | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Federal Crimes for Colorado on

Q: Can the police illegally enter my home and take my husband's 2 service animals and sell them through the Humane Society?

They are licensed in his name and we were both illegally incarcerated when this was done. The police came in unannounced and attacked my disabled husband with complete disregard for repeated statements about his medical conditions. We were refused medical treatment on video by the officer who... Read more »

Juliet Piccone answered on Jan 29, 2019

This is not the type of question that can be answered without more information. I would highly recommend that you contact an attorney who handles these matters on a regular basis. In general, when a disabled person is incarcerated the police can impound service dogs unless the disabled person's... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

Q: Took neighbor's hypothermic puppy but left a note. Can they charge me with theft? Dog was returned.

I didn't want to call animal control on them because they typically take good care of their animals. It was a short-haired puppy and the temp was below 20 degrees. It was shaking violently while sitting in the snow. I rung the doorbell and knocked, but no one was home. It was dusk, and about to... Read more »

Juliet Piccone answered on Jan 25, 2019

I can't tell from your post whether or not you decided to keep the dog or give it back. I've represented good Samaritans who have gotten sick and tired of animal control not doing anything in response to such calls who took matters into their own hands. They didn't return the animals they took... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on

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

He gave us the dog to but wanted to be able to breed her twice. He got mad at us and says he will come and take her.

Juliet Piccone answered on Jan 13, 2019

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... Read more »

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1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Additional information after lawyer responded

The detective knows where the woman lives. He is serving her with theft charges and a warrant for her arrest. She STILL won’t return my dogs even though the law has stated they are rightfully mine. The detective is saying he can’t get the dogs back for me if he can’t find them...she may be... Read more »

Juliet Piccone answered on Jan 9, 2019

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... Read more »

3 Answers | Asked in Animal / Dog Law for Colorado on

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?

I go to it online and they say it's legal in all 50 states and they don't have any licensed therapists in CO on staff. I need this specifically for housing.

**Thank you for the 3 answers provided so far. Though, to be honest, I found Ms. Piccone's answers to be confusing and unclear. I... Read more »

Juliet Piccone answered on Jan 8, 2019

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.

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2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on

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

I am visitor at the complex and they asked for proof of my residency which I have provided. They also asked for proof my dog was a liscenced service animal which I also provided his papers and liscnese number. They responded by saying they needed medical history or a legal document proving my... Read more »

Juliet Piccone answered on Jan 7, 2019

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... Read more »

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Colorado on

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

She has 4 different stories about where dogs are. I don’t know where she lives or last name just phone # She’’d rather take theft charges than return my dogs. Det says nothing he can do if he can’t see the dogs..what can I do to find them? File civil suit? Ask for dog... Read more »

Juliet Piccone answered on Jan 7, 2019

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... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on

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

But his microchip was put in her name because I was under 18 and the place we got him chipped stated you had to be over 18. I am 19 now and my dog helped severely with my depression and anxiety and I haven't been able to see him in almost a month because she won't talk to me. PLEASE HELP!!!

Juliet Piccone answered on Nov 8, 2018

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!

2 Answers | Asked in Animal / Dog Law for Colorado on

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

Juliet Piccone answered on Oct 5, 2018

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.

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1 Answer | Asked in Animal / Dog Law for Colorado on

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

If a police report was done on the dog and we now know where he is located can he be retrieved by the police department? If you purchase a stolen car from someone and the police Dept realizes you have a vehicle that's been reported stolen, they will retrieve the stolen property...the same should go... Read more »

Juliet Piccone answered on Sep 28, 2018

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... Read more »

2 Answers | Asked in Animal / Dog Law for Colorado on

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

Two large stray dogs showed up at my rural home. We cared for both for three days before taking the smaller of the two to the local shelter to see if he was chipped. He was chipped and the shelter contacted the registered owner. I informed the shelter that I have the other dog at my home. The two... Read more »

Juliet Piccone answered on Sep 26, 2018

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.

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