How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nate Your Own Question

Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience:  Over 10 years of criminal defense practice.
11217539
Type Your Criminal Law Question Here...
Nate is online now
A new question is answered every 9 seconds

Accused of abandoning my home and leaving my dog I have

Resolved Question:

Accused of abandoning my home and leaving my dog

I have owned and cared for Benji since 2006 and have never been accused of animal companion issues. On 10/4, I responded to a 2nd attempted door-door rabbies check notice from animal control. Animal control stated they were investigating a complaint of animal abandonment and had an ordered search my home & seize Benji. note: was given just a warrant, no affidavit & warrant was signed by a clerk???? (is this legal in virginia, or even in any virginia counties?

here is my viewpoint
a. Benji was listed as sufficient health by local veterinarian whom the animal control officer took him to get checked out the day of seizure. Coincidentally, this is the same vet hospital I take Benji to for his shots and grooming.
[Last visit was June of this year, or 2.5 months ago]
ii. I clean up after Benji and feed him kibble & bits, spring water, dog treats.
(walmart brands for 88 cents per gallon of water; 10-15 dollars for food and dog treats each [I drink the same water])
iii. We play chase with either other using his dog bone or treats (we run back & forth across the house)
Please note: Benji is a small house dog. I don't like him out a lot, especially on his owned because he picks up ticks.

Abandonment (as described by law, I believe this basis to be unproven)
Please Note: Animal control stated they were investigating a complaint and subsequently sent me two notices for response 10/2 & 10/3.
i. I responded to the 2nd notice at my home on 10/4.
ii. I maintain good standing with my mortgage, taxes, car note, and utility bills.
iii. The animal control officer noted she can definitely tell i love my dog and want him back home with me. She stated she would actually try to speak to the court attorney to see if my dog can be returned to me before the court date.

the district attorney allow the control officer to return the dog to me and said they would monitor my care for two court dates. 1st appearance is on 11/5.
i am not care for the dog by being home or having the dog boarded.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nate replied 1 year ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

I will be happy to do what I can to help you.

What exactly is your question regarding the situation?
Customer: replied 1 year ago.

was the search unauthorized?


 


is it a sign of a good outcome if the animal control officer help me get my dog right back to me?


 


if the commonwealth attorney states they are monitor how i care for the dog over two court appearances does that mean they will probably dismiss the charge if i am showing a good track record?

Expert:  Nate replied 1 year ago.
Without knowing more about how the warrant was obtained, it's impossible to offer a definitive answer on that.

However, that they have given your dog back and have essentially set up two status court dates is a good thing. If Benji appears to be well kept and in good health after the second court date the charges will be dismissed. It will then be as if the whole incident never happened.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 1 year ago.

last question.... in Virginia does the county clerk have authority to issue a criminal warrant.

Expert:  Nate replied 1 year ago.
It depends on the county itself when it comes to animal abuse search warrants. Each county can establish its own rules as to what is a "proper authority" for issuing the warrant under state law code §19.2-52.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience: Over 10 years of criminal defense practice.
Nate and other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
Nate
Nate
Criminal Lawyer
10633 Satisfied Customers
Over 10 years of criminal defense practice.