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Questions Answered by Juliet Piccone
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
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... 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... Read more »

Juliet Piccone
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
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... 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 restitution...one dog... Read more »

Juliet Piccone
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
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
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... Read more »

Juliet Piccone
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... 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
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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2 Answers | Asked in Animal / Dog Law for Colorado on
Q: A guy left his dogs with my friend. She then contacted him stating that she cannot keep them. He never responded.

She gave them away and now he wants them back. What should she do?

Juliet Piccone
Juliet Piccone answered on Sep 25, 2018

She should have a consultation with an experienced animal attorney, there is not enough information here to give any type of sound advise.

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Colorado on
Q: If a person purchases an item in "good faith" & later finds out the item was reported stolen,can they now keep it?

My service dog was stolen and a report done. Later we found the animal and they ones that had it didn't steal it but they bought it in "good faith" They do not want to give the animal back. The police have been over there and told them they are now in possession of stolen property... Read more »

Juliet Piccone
Juliet Piccone answered on Sep 28, 2018

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... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on
Q: My husband packed his personal belongings and left a month ago. He left his 3 dogs here, can I get rid of dogs

He has his son come by daily, after I leave for work, and sneak through the back yard and through a doggy door to feed them. These are large German shepherds and I won’t even go to my back yard with them out there. I have 2 dogs of my own, who come in the house. I want to clean up my backyard and... Read more »

Juliet Piccone
Juliet Piccone answered on Sep 10, 2018

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... Read more »

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1 Answer | Asked in Contracts and Animal / Dog Law for Colorado on
Q: I rescued my dog 3 years ago and I love him. How long does a rescue have to enforce the contact?

I signed an “adoption contract” 3 years ago with this rescue. They recently called and asked me to fill out a form to check and see if I have been taking good care of him. I have been doing my best I can, I absolutely love him. The last year has been financially has been tough due to major... Read more »

Juliet Piccone
Juliet Piccone answered on Sep 4, 2018

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... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can I shoot my neighbors dog if it get thru the fence to my side or gets out and is on my property?

I have two pitbull a next door that are aggressively barking constantly threw the fence every time we are in our backyard.i have 1male pitbull and 1female as well,they are known in neighborhood and are not aggressive to others.the dogs next door are supposedly rescues and I’m worried that they... Read more »

Juliet Piccone
Juliet Piccone answered on Sep 4, 2018

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... Read more »

2 Answers | Asked in Animal / Dog Law for Colorado on
Q: Gaining custody of my ex's dog.

My exgirlfriend left colorado on a trip to Europe for 3 weeks and left her dog with me without planning for his needs while she was gone (food, boarding, etc..). She now extended her trip for at least another month, could be more. I care for the dog and want to gain custody of him since his... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 15, 2018

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.... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on
Q: i rescued an abandoned dog when the owner (brother in law) passed away and now 2 years later the daughter wants the dog.

at the time of the rescue, the other brother and general partner of the farm let us take the dog as we had a relationship with it. the daughter of the deceased is the sole heir of her fathers estate and is claiming the dog now 20 months later. does she have standing to do so? she intends to give... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 16, 2018

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... Read more »

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My aunt gave my dog away, can I get her back?

My aunt was watching my dog while I was with my son when he had surgery in another city. I had been in contact with my aunt daily for 4 days, I told her on the 5th day I was going to come get her and she was going to stay with my friend in the city I was in. At that time she informed me she gave my... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 9, 2018

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... Read more »

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

We purchased dog for training as a service dog, appeared fine on initial testing, now she is lame and was checked out to see what the problem was and discovered steel rod in leg that did not heal properly and will required additional surgery with not a good out come. This injury was not disclosed... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 8, 2018

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... Read more »

2 Answers | Asked in Animal / Dog Law for Colorado on
Q: chipped dog that was stolen

dog was stolen & was a registered pet in my name plus chipped for extra security . He was found at individuals who tried to steal him apx 6 mos prior, police reports done. for all occasions. Dog ended at shelter. They said they called but only left mess. I never got that mess & my dog was... Read more »

Juliet Piccone
Juliet Piccone answered on Jul 31, 2018

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.

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2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on
Q: Can the person who found my dog adopt her out without my knowledge or consent?

A lady found my dog and I responded to her but she kept saying she would give me my dog back but then she stopped answering me. Found out she adopted her out without my knowledge or consent. How do I go about getting my dog back into my care? Mind you this was in Colorado and a year ago. I just... Read more »

Juliet Piccone
Juliet Piccone answered on Jul 25, 2018

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... Read more »

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2 Answers | Asked in Animal / Dog Law for Colorado on
Q: Can my boyfriend take my dog?

My dog’s adoption papers and license are under my name and has lived with me 100% of the time in my house. Since my boyfriend saw the dog at the shelter but was unable to adopt him, he thinks the dog is his. I fostered the dog for about two months and then, after repeated failed meet and greets... Read more »

Juliet Piccone
Juliet Piccone answered on Jul 19, 2018

Dogs are considered property, so the issue will be who purchased the property, which it sounds like was you since you say the adoption papers are in your name. Seeing the dog in the shelter, without more like actively communicating with the shelter about co-adopting the dog, cohabitating, caring... Read more »

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