Q: I have to go to court because my neighbor keeps calling about barking/nuisance dog—she is neither. What do I do?

A: You really should just ask for a continuance so you can talk to a lawyer, who will help you get the discovery in the case (the evidence against you). Without seeing the evidence, it's very hard to advise you. Then you should schedule an actual consultation with an attorney who does this on a regular basis and who has a good reputation with the courts. I would be happy to give you a consultation.

A: Unfortunately, this is a very common situation. Without knowing what your hearing tomorrow is called, it is difficult to advise what you should say in court. The important thing to remember is that the prosecution has to prove every element of the dog nuisance statute beyond a reasonable doubt. So, if this neighbor of yours claims that the dog barked on February 1st at 7pm, you can rebut that testimony if you know that your dog was in the home, or away from your home. Sometimes it is helpful to get helpful neighbors to testify on your behalf that they know the dog was not barking on the days and times claimed. You are also on to something by saying you live on 5 acres - sometimes distance itself can negate someone's complaints. Your dog's age and medical condition might also go into proving your dog did not bark. If there are other dogs in the area, the prosecution would have to prove YOUR dog barked and not someone else's dog - or a coyote. There are a lot of things you can say, but a lot of times it depends on the presentation of the evidence to a judge or jury. It is always important to be prepared when going to court. I would recommend you speak to an experienced animal attorney to help you go over your defenses.