Q: Can CA court change terms of probation? Animal cruelty case- pled guilty - terms of probation did not ban ownership
Dogs were taken by animal control pending animal cruelty case. The dogs were released to family pending court outcome. Sentencing and probation complete which did not ban ownership or animals return. Animal control has not yet released my dogs. Can they go back to the court and ask them to change the terms of probation to include not returning my pets?
A:
In general, once a court has sentenced a defendant and imposed specific terms of probation, those terms cannot be easily changed or amended after the fact, especially if the case has been concluded. The court's decision is usually considered final once the sentencing is complete.
However, there are a few possible scenarios:
1. If the terms of your probation included following all laws and ordinances, and there are local animal control ordinances that allow them to keep the dogs due to the nature of the offense, they may be using that authority.
2. In some cases, a court might modify probation terms if there is a significant change in circumstances or if the court finds that the original terms were not appropriate. However, this is rare and would typically require a formal request and hearing.
3. Animal control might try to pursue a separate civil case to gain legal custody of the animals, arguing that returning them would put the animals at risk. This would be a separate legal action from your criminal case.
Your best course of action would be to consult with your criminal defense attorney who handled your case to clarify the specific terms of your probation and to determine whether animal control has any legal basis for refusing to return your dogs. If necessary, your attorney can file a motion with the court to enforce the original terms of your probation or to seek clarification from the court.
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