Tuesday, February 17, 2015

ANIMAL SEIZED? GET LEGAL HELP ASAP! WAITING CAN RUIN YOUR CASE!!

It has been this attorney's experience that many owners wait until after animals are seized to try and get help on their cases, thus the notices (assuming they were properly given) involving hearings and due process can be more of a difficult issue, especially if there was no hearing, or if the hearing was already lost, or the hearing was not done properly.  Although in many cases, the proponents will result to deceit and stealth in order to seize anything, it is possible that part of the procedure may have been done correctly.  Thus it is very crucial that an assessment is done of all actions taken by the seizing entity as soon as possible.

We recently heard about the defendant (an attorney) who was purportedly convicted on ONE felony count, whereupon the State Bar claimed that such conviction amounted to moral turpitude. We know of other cases where defendants have been accused of beating up a girlfriend, and even that was not moral turpitude because he took a plea for another type of crime. So for an animal negligence case to rise to the level of moral turpitude, it is not exactly the same as if you left your kid in a car and it got sick and almost collapsed?  Or even if you accidentally forgot and left your dog in the car and it actually expired?

Judges tend to want to find "hoarders" guilty in many instances, however, animal hoarders in many cases, are simply people with a facet of OCD which is considered different than ordinary OCD, but there is no known scientific theory, only professional and semi-scientific guesswork. To us, the OCD part means it is a defense since OCD is all about the brain, and where non normal behavior is seen in relation to the actions (claiming to love animals and then purposely not feeding them for example), we can see that there is a direct discrepancy which is brain related.

Anyone accused of a Penal Code violation related to animals should call an animal law defense attorney immediately, and hopefully before any seizure is done.

530 359 8810  In custody clients call 365/24hr  We have bail agent on call 



Wednesday, February 4, 2015

Lawsuit re Pet Store Owners in Oceanside, and prior San Diego, CA

Oceanside law for pet stores now allows sales of animals from breeders of less than a certain
number. Mr. Salinas who likely owns the only pet store selling pets which are not just rescued
animals, purportedly went into compliance by selling animals meeting the criteria.