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Thelawman2
Thelawman2, Lawyer
Category: Criminal Law
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Experience:  Attorney-at-Law
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I was issued a ticket for my dog being "at large" - he was

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I was issued a ticket for my dog being "at large" - he was on a leash in Scottsdale, AZ, but he got in a tangle and did bite a dog. I was told it was a 3rd class misdemeanor punishable at up to $500 and 30-days in jail. I have made restitution with the other party and do not have my dog anymore. I have a court date on 6/4. I have no prior recorn, not even a parking ticket. I have letters from my vet, the pet kennel and the neighbor whose dog was bitten all on saying my dog wasn't aggressive. What can I expect? They won't put me in jail, will they?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Is this set for a trial or is this your first appearance?

 

Customer: replied 2 years ago.
I haven't heard back from you - when can I expect a response?
Customer: replied 2 years ago.
Relist: Other.
I emailed in this morning, and I provided the additional information he requested within 10 minutes, and it habeen over 6 hours. I was under the impression that answers came quickly.
Expert:  Thelawman2 replied 2 years ago.
The Arizona law governing dog as large is as follows:

§ 11-1012. Dogs not permitted at large; wearing licenses

A. Neither a female dog during her breeding or mating season nor a vicious dog shall be permitted at large.

B. In a rabies quarantine area, no dogs shall be permitted at large. Each dog shall be confined within an enclosure on the owner's property, secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed six feet in length and directly under the owner's control when not on the owner's property.

C. Any dog over the age of three months running at large shall wear a collar or harness to which is attached a valid license tag. Dogs that are used for control of livestock, being used or trained for hunting or dogs, being exhibited or trained at a kennel club event or engaged in races approved by the Arizona racing commission, and while the dogs are being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.

D. No person in charge of any dog shall permit such dog in a public park or upon any public school property unless the dog is physically restrained by a leash, enclosed in a car, cage or similar enclosure or being exhibited or trained at a recognized kennel club event, public school or park sponsored event
Expert:  Thelawman2 replied 2 years ago.
A violation of this provision is a class 2 misdemeanor.
Customer: replied 2 years ago.
I know my Scottsdale laws for dogs - I have lived here for 26 years, and I also know my CC&Rs - my question was regarding your expertise on the "punishment" for this incident. I am not sure how they can tell me that I could receive 30 days in jail for a dog at large when people with DUIs get 10 days. I am totally NOT satisfied with the answer, as I know the leash laws in Scottsdale - I want to know what to expect in COURT
Customer: replied 2 years ago.
Relist: Other.
The response was ridiculous - I know the leash laws in Scottsdale, as I have lived here for 26 years. MY question was related to an upcoming pre-trial for the biting incident. I guess they didn't read the question. Should I npt receive an adequate answer, I will alert my credit card not to remit payment. I am not ignorant of the law, I want to know the penalties and what to expect - could someone actually read the inquiry?????
Expert:  Thelawman2 replied 2 years ago.
The potential punishment for a class 2 misdemeanor is 4 months in jail; however, the DA does not necessarily need to seek such penalty. The DA will consider the factors in the case to determine the appropriate penalty, including statements from the victims of the crime and the level of bad intent of the one charged.
Expert:  Thelawman2 replied 2 years ago.
Let me provide with the details of what to expect in a pre-trial meeting.
Expert:  Thelawman2 replied 2 years ago.
Pre-trial conferences are used in criminal trials to determine what evidence will be excluded, what witnesses will be allowed to testify, and potentially asking for settlement of the issue. The pre-trial conference is used as a planning phase to expedite the trial. Presenting any potential reasons for not going to trial and dropping the charges should be brought to the DA's attention during the pre-trial conference (statements from victims and witnesses regarding how the crime is not serious and doesn't require punishment). If a person is looking to have the charges dropped, they should present their strongest evidence of why the DA's case is weak and is not what the law was meant to guard against. Someone facing charges of "dog at large" charges should demonstrate the carefulness of keeping the dog under control and the lack of knowledge of the possible problems of the dog.
Thelawman2, Lawyer
Category: Criminal Law
Satisfied Customers: 776
Experience: Attorney-at-Law
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