Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
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I am sorry to hear about your unfortunate situation.
Do you have a specific criminal statute listed on the citation that you have received?
description: animal abuse, offense code 272/77 -- is that what you mean?
Thank you for your follow up.
This is a misdemeanor charge which carries and imprisonment of up to 90 days in jail and a fine of up to $1,000
Here is what I would suggest that you do.
Since your hearing is not until Wednesday, you will have plenty of time to consult and retain a local criminal defense attorney.
Most criminal attorneys do work extended hours and some do answer calls 24/7
The 12/05 date is simply going to be an arraignment, at which time you will enter of plea of "not guilty" and the judge will set a bond for your release.
It would be a good idea to have your local criminal defense attorney on this date at court.
Do you know of the local criminal defense attorney or do you need sources to find one?
Don't know one, assume someone here can help me, but am not positive...
What about continuance?
Well, you would generally need to show up in court and enter the plea of "not guilty", as continuances are not readily granted in criminal cases.
You can use these well trusted and reliable attorney information / referral websites to find an experienced and established local criminal defense attorney in your area:
Does that make sense?
Thanks, XXXXX XXXXX a little looking through these.
I don't understand 'arraignment' vs magistrate hearing...
Well, there will be a magistrate who will accept your plea
the plea can generally be either "Guilty" or "Not Guilty".
What do I need to have and do to be fully prepared?
Also the same Magistrate will determine whether you have to post bail to remain free or whether you can remain free on your own recognizance and without any monetary bail, which is generally the case.
I would suggest to have a local lawyer at your side, not only to make sure that you are properly represented, but also to make sure that prosecutor sees that you have a local criminal defense attorney on your side and that you would contest this trumped up charge against you.
Yikes, this sounds worse than I thought, mention of 'free' and 'bail' etc
Well, you have been charged with a misdemeanor crime that carries a jail term of up to 90 days and a fine of up to $1,000 upon conviction, however if you had never had any trouble with the law before, it is unlikely that you would be facing any time in jail, especially if you do retain an experienced local criminal defense attorney.
Do you have any related follow up questions?
Yes please, why when the woman who was yelling at me and threatening to 'turn me in', etc, is her name not on this as the complainant, but instead the local police chief?
Because she reported this incident to the police and the police chief forwarded the information to the local prosecutor who decided to file a criminal charge against you.
The woman who was yelling at you will be listed as a witness on the report and your criminal attorney will be able to obtain a copy of the report from the prosecutor during the pre-trial discovery.
Yes. I am worried though. This perceived 'abuse' was due to my stupidity and not being able to see where my dog was, not stopping soon enough to prevent her from taking this tumble while moving slowly in car... and not realizing even that she had lost her footing... just so stupid on my part... my apologies for this delay ...
Well, the only way to address this criminal charge is for your attorney to challenge it in court and hopefully it can be proven in court that you did not intentionally abuse your beloved pet, but it was simply a mistake or oversight.
No, thank you for your time and help.
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