Q: My dog has recently got a dog at large ticket and owner ship of an aggressive animal ticket.
My neighbor blamed my american terrior pit bull for there dogs sprained ankle. They have a small dog that is always roaming free and occasionally comes in my yard to use the bathroom. No one saw my dog hurt there animal. We got the ticket from the dog catchers but havent gone to court yet. What should I do before going to court? My dog is not aggressive. I have 3 small children that she plays with all the time. We've owned her since she was a puppy and shes never bit another animal or person. She is 4 years old.
A: Your dog did not get the ticket - YOU did. These are criminal charges that you, the dog's owner, will face in court and you may or may not end up with these charges on your record. If you plead or are found guilty to "aggressive animal", you will have to deal with the onerous requirements that the statute requires aggressive animal owners follow. Therefore, it is in your and your dog's best interest if you speak to a criminal defense and animal attorney to go over all of your options.
A: How serious this will be for you and your dog depends entirely on what the law you were charged under says. In some cities, like Aurora for example, it's just a $150 fine and nothing more. In others, there could be ramifications. Typically how the dog acts around other people is not relevant, it's how the dog acted at the time of the alleged offense, which are strict liability charges meaning the prosecution does not have to prove anything other than your dog did something declared to be illegal and there are no defenses. You should have a consultation with an experienced animal attorney. Ask the attorney how many years he/she has practiced animal law and what percentage of their practice is spent with dangerous dog defense. I've practiced animal law for over 5 years and my current case load is about 50% dangerous dog defense.
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.