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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32369
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My daughter took my friends dog, uleashed to a park. The dog

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My daughter took my friends dog, uleashed to a park. The dog bit another person. The parents of the person say that my daughter told the dog to attack and bite the person. She did not such a thing.
Can she be charged and if so wit hwhat?

JD 1992 :

She could be charged. It would be an assault if they charged her.

JD 1992 :

I'm not saying it is likely, just that it is possible.

Customer:

REAlly. She is 12. Doesnt it have to be PROVED that she said it?

JD 1992 :

Yes, they would have to prove she said it. If she's 12 it isn't likely.

JD 1992 :

This isn't any kind of trained guard dog or anything is it?

Customer:

No, qand not mine either. I was anticiopating a leash law fine, and maybe having to pay for medical bills...but assualt and on her record...come on! I really dont think I should have to pay as it wasnt my dog....but anyway more worried about her age, future and record.

JD 1992 :

It is incredibly unlikely that they will pursue criminal charges.

Customer:

it was 2 girls and then my daughter, her brother and then 2 friends that were there...mine all say that the friends girldfriend told the dog to attack.

Customer:

My daughter is wrongin the leash law...the dog was on a leash, then off and bit, then off and then they dummy let it off again. What do dtyou think is the wrost to happen....we now need to fill out paper work for Animal enforcement

Customer:

sorry of typing errors...mind is going faster than fingers :)

JD 1992 :

You'll probably get a fine for the leash law violation and then you may get sued for the medical bills.

JD 1992 :

No problem.

Customer:

me, or the owner

JD 1992 :

Probably both.

Customer:

how would us both being sued work...double the money or...? not sure I understand?

JD 1992 :

No, they sue both of you but only make one recovery. The judge or jury would apportion what percent, if any, each of you would have to pay.

Customer:

ok. Thank you so much. This is probably a minor thing for you, but we are good people and I am just stunned, embarrerssed and worried.

JD 1992 :

I certainly understand your distress.

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