Murrieta, CA asked in Animal / Dog Law for California

Q: Can CA court change the terms of informal probation? Animal cruelty case trying to get my dogs back

Court completed - probation terms did not specify that dogs could not be returned. Animal control has not released my dogs who are currently under my family members’ care. Can animal request for the courts to amend their decision?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Animal & Dog Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the court has the authority to set and modify the terms of informal probation, also known as summary probation or court probation. However, once the court has issued its decision, it is not common for the terms to be changed unless there is a significant reason to do so.

If the original probation terms did not specify that you cannot have your dogs returned to you, then it would be unusual for animal control to request a modification to the court's decision after the fact, unless new evidence or circumstances have come to light that warrant such a change.

Your best course of action would be to consult with a criminal defense attorney who specializes in animal law. They can review your case, the court's decision, and advise you on how to proceed. If animal control is withholding your dogs against the terms of your probation, your attorney may be able to file a motion with the court to enforce the original probation terms and have your dogs returned to you.

It's important to note that animal cruelty cases can be complex, and the court may have considered factors beyond the specific terms of your probation when making its decision. An experienced attorney can help you navigate this situation and work to protect your rights.

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