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is the arresting officer required to be present at an animal

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

is the arresting officer required to be present at an animal abuse hearing?

 

Optional Information:
Country relating to Question: United States
State (if USA): Michigan

Already Tried:
no

Submitted: 323 days and 12 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Expert:  JB Umphrey replied323 days and 12 hours ago.

Welcome and thank you for your question!

The arresting officer does not have to be present if there are other witnesses who can testify to the events/conditions at issue.

If the defendant subpoenaed the officer to be there and the officer is absent without permission of the court, the officer can be held in contempt of court.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.

Customer replied323 days and 12 hours ago.

this occurred in farmington hills, mi., the officer will not be present, the witnesses will. the animal abuse charges resulted from the fact that some woman saw me skating with my dog on a hot day...?

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Expert:  JB Umphrey replied323 days and 11 hours ago.

Thank you for the follow-up. I suspect the witnesses are claiming that the heat made the sidewalk too hot for the dog's paws/pads and there was not adequate water. Just a guess (without the beneift of reviewing the police report and any written witness statements).

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Thanks,
~~ J.B.

Customer replied323 days and 11 hours ago.

she and her son(?) and girlfriend(?) claim that i was driving the animal, choking her etc.... the truth is, after trying to keep up with the dog for a mile, we stopped and i gave her a 20 0z. drink of water before proceeding the extra 3/4 of a mile where this woman stopped her car in the middle of the road to accuse me. i had another liter bottle of water that the officer saw me give to her, and all of this occurred four blocks from our destination. a neighbor brought out a large pan of water that zoe (my dog), immediately "dug" the water out of and flipped over the pan as she always does in the backyard playing. this woman has an outrageous and ill-informed opinion of me. i have always loved dogs, rescued five or six, been around them all my life, i know my own physical limitations quite well. she is a healthy and strong animal and anyone who knows me is willing to testify in court that i would never be cruel to any dog at any time.

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Expert:  JB Umphrey replied323 days and 11 hours ago.

Thank you for the follow-up. I am not clear what additional information you are seeking, however. Please clarify. Thanks!

Customer replied323 days and 11 hours ago.

may i bring witnesses, not of this alleged abuse event, but rather as many as a dozen or more people who are willing to speak on my behalf. are they allowed to?

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Expert:  JB Umphrey replied323 days and 11 hours ago.

If they were not a witness to the alleged event, the the judge will deem their testimony to be not relevant at the first hearing.

Those witnesses would be of value to you only if you are found guilty and the judge is going to impose any sentence. Those witnesses would be relevant in any sentencing hearing.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Customer replied323 days and 10 hours ago.

one more question. i have the right to: XXXXX XXXXX or not, ask trial by jury, be presumed innocent until proven guilty, have or hire a lawyer, testify or remain silent ( one against three? i don't know) .... which of these do you think is in my best interest?

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Expert:  JB Umphrey replied323 days and 10 hours ago.

Go to court, plead not guilty and inform the court that you're going to hire an attorney to represent you.

Go and hire a local criminal defense attorney to represent you. That attorney will obtain a copy of the police report, review any witnesses statements, and meet with the city attorney to see what, if any, plea agreements are being offered. Then you can review your options/strengths in going to trial, etc.

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If you wish to continue this conversation, click on the Continue Conversation link.
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IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Customer replied323 days and 10 hours ago.

should i bring my witnesses to this hearing, given that i am likely to be sentenced then...?

Customer replied323 days and 9 hours ago.

Relist: Other.
the question was not answered because there was no reply!

Accepted Answer

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Expert:  JB Umphrey replied323 days and 1 hours ago.

Thank you for the follow-up. Sorry for my delay.

If you think that you will be sentenced the same day, yes, bring your witnesses.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.7 %
Accepts: 10008
Answered: 7/4/2012

Experience: Explains legal matters based on 14+ years experience.

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