Mr. Kent Thomas Jones Esq.'s answer You can't make a determination simply on those facts. If it is pre-trial diversion, because the individual didn't have a prior record, then they probably have the capability to apply to have it expunged at the end which would take it off the record. If it was not a pre-trial diversion situation, i.e., there have been prior convictions, then it is possible that it could go down on the record forever if it was a conviction or plea of guilty. You really need to consult with an individual...
Anthony Marvin Avery's answer The Officer could have taken you to Jail to start with. The Citation is given as a Summons to Court. But if you refuse the Citation, you can be arrested instead. It would have been better to take up your Case in Court, but now you may have several more Animal Charges brought against you. Be prepared to post Bond and hire a competent attorney, and find a Witness to the Dogs not attacking anyone.
Anthony Marvin Avery's answer It is very possible, and you might even get convicted. There is no Title to a Dog, but it is probably not worth the trouble and risk to prove ownership in Court. Bond, Attorneys, Court Costs and Restitution could be very expensive. Many Judges and DA's will feel very sorry for her.
Whatever you do, do not have an argument with her or she will put you in Jail for alot worse than the ridiculous Theft of a Dog.
Stephen Arnold Black's answer Call your homeowners insurance company and request that they defend you against any legal action taken against you. Ask them if the policy covers you for losses like this one. Good luck.
Marjorie A Bristol's answer No, the landlord cannot legally evict you do to having an ESA. If the ESA has destroyed property or is a nuisance, that might be a different story. You should consult an attorney to help.
Marjorie A Bristol's answer Your sister can evict her. She will need to provide her notice and file a detainer action if she doesn't move at the end of the notice. She should consult an attorney to help her.
Marjorie A Bristol's answer It depends on what representations you made to her in selling the dogs. If you told them they were healthy and had been verified healthy by a vet, then you might want to get that proof ready. She can try to sue you for the vet bills. If she does, you should consult a lawyer. Dogs get worms and fleas. That is normal. I would think that you have a good chance of winning based on these facts if she does sue.
Marjorie A Bristol's answer The dog was theirs when they took it, I would say. As far as reporting you for animal cruelty, they can certainly do that, but that doesn't mean that you will be charged. The DA will ultimately have to make that decision.
Mr. James Charles Wright's answer Sounds like you did a good deed and allowed a friend to leave their animal with you. I am hoping by this time the friend has picked up their animal. If not, I would notify them that if they have not picked up the animal by a time certain you will be charging at so much a day. This will likely encourage them to pick up their animal.
Leonard Robert Grefseng's answer If you have proof of purchasing the animal, I suggest you file a lawsuit to recover it. ( an animal is simply considered property under TN law). I expect she will say that you made a "gift", in other words, that you gave her the dog to keep, so try to find anything ( an email, or old text message) which confirms she was just babysitting the dog for you. Bad news is: this may be your word versus hers, and as the plaintiff in the lawsuit, the burden of proof would be on you to establish your...
David Alan Wolf's answer As I understand it, Tennessee has strict liability for a dog bite in place if the dog bite victim was on public property or lawfully on private property. Under your facts, the neighbor and / or the insurance company for the neighbor may have a defense to the dog bite injuries by arguing that you were trespassing. Unless you were given permission by the owner on this occasion or on a regular basis to retrieve your dog, there may be a valid defense to the dog bite claim. You should consult...
Brian Lehman's answer You are in Tennessee, but here is what a court in Vermont said: "The value of a pet to its human companions has already been noted. Accordingly, apart from providing care and shelter, finders of stray pets should also be encouraged to make every reasonable effort to find the animal's owner. Although circumstances will vary, this might include contacting the local humane society, veterinarians, or the police department, posting notices near where the animal was found, and placing...
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