Questions Answered by Juliet Piccone

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

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Mar 18, 2019
Juliet Piccone's answer
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 explain the situation and see if they are willing to post the dog as "lost" and let you keep it during stray hold period, and/or formally adopt the dog to you after the waiting period.

I'd...

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?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Mar 14, 2019
Juliet Piccone's answer
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 for the specific pet is directly related to that disability. Many jurisdictions will still impose a pet limit. In Denver it's 3 dogs.

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

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 24, 2019
Juliet Piccone's answer
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 ASAP. Doug Ray will make sure they are all neutered, vaccinated and hopefully placed in homes where they are not chained outside, homes that actually treat them as pets and not backyard security...

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

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 19, 2019
Juliet Piccone's answer
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 can order to put your dog down (it's actually a mandatory death sentence for killing a chicken, goat, cat, or any other domestic animal but I have sometimes been able to persuade a DA not to purse...

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

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 18, 2019
Juliet Piccone's answer
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 sovereignty) so must follow state law. I have been practicing breed ban defense in CO for over six years and have never seen anything come out of Costillo county for a breed ban and it's not on lists kept by...

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

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 18, 2019
Juliet Piccone's answer
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, etc. (which animal control often use as the reason to confiscate without a warrant because it's a public health issue). Please contact an experienced dangerous dog defense attorney in the state this...

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

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 5, 2019
Juliet Piccone's answer
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 placed with them, the police may at the very least question the people holding the dog. Suing in county court is a possibility, but it would be so much easier to get help via the police.

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

2 Answers | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Federal Crimes for Colorado on
Answered on Jan 29, 2019
Juliet Piccone's answer
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 condition absolutely cannot be ameliorated by other means, for example a person or medication that the jail would have to supply. Every jurisdiction is different as far as what notice needs to be...

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

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 25, 2019
Juliet Piccone's answer
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 because of evidence of neglect. If you are contacted by police it's a good idea to have already talked to a lawyer.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.