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My sister left 2 female Wymarainers in my small backyard because

 
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  • Answered by:Ely
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Customer Question

My sister left 2 female Wymarainers in my small backyard because she has noplace else to put them.Local deputy in Livingston Parish/aka DenhamSprings,Louisiana told her she had to
"get rid of the dogs(3total) by tomarrow".My sis Susan has been living with her fiance' in apartment 2miles away and she drives to her house daily to feed water and play with her dogs.The dogs are fat healthy clean and happy mild mannered good dogs.Sue has 1.5acres fenced and cross fenced and a patio for their shelter.Because the deputy says he did not see Susan actually "living at her house she had to get rid of the dogs.REALLY is that legal?
Sue and Dewayne plan to move back in her house in a matter of weeks because apt is more expensive she owns her property/home.

 



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Submitted: 313 days and 5 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Expert:  Ely replied313 days and 5 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

I am sorry for your sister's situation. Can you please explain what the underlining issue here is? That the dogs are not taken care of (allegedly)? Or are you unsure?

You can always call your sister and find out and then let me know - but the reason why the authorities are pushing for this is important.

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer replied313 days and 4 hours ago.

Sry some other attney name Scotty esque 1st says I m supposed to wait on his answer so I was I dont wanto be billed twice?


Yeah 2 puppies died about 2wks ago maybe authorities knew but


she had like 12 and sold almost all.She had to bury the dead puppy appropriately in back property near woods.

Customer replied313 days and 4 hours ago.

Im confused about who how much is billing me for this question

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Expert:  Ely replied313 days and 4 hours ago.

Billy,

I only see two questions in your history:

1) the question about the Russian woman, and
2) this question.

I do not see a third question that is being handled by ScottyMac. This leads me to believe that you were reading the screen that simply told you to "hold on a sec," and had ScottyMac's picture next to it, but he is not handling the question - I am.

So you should not be billed twice. But you may always go to www.justanswer.com/help to confirm.

I am working on your question now.

Customer replied313 days and 4 hours ago.

Thanks,Well I cant keep up with whos on first because this "just ask "keeps on blocking you with advertisements !This is my money/our business omg is that legal...?

Accepted Answer

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Expert:  Ely replied313 days and 4 hours ago.

Because of the death of the other puppies, the authorities have become aware and suspect that she is not taking care of the dogs. This is the reason why she has been told to give them away or "else."

Specifically, under § 102.1, cruelty of animals includes "abandonment" of animals. Whether or not she is abandoning them in an empty house even if she is coming every day to feed/water them is questionable, but the prosecutor can make this argument - at least enough to charge. Whether or not she is to be convicted by a jury of her peers (that tend to be more subjective and unpredictable) depends on the mitigating factors of the case - how often did she visit them, feed them, etc?

But the prosecutor does not need that much evidence to charge her - only prima facie (on the face, possible evidence).

Under § 102.2, the authorities can seize the animals suspected of cruelty and she may not get them back unless the charges are dropped or she is acquitted.

So, is it legal? Well, in the fact that the authorities are threatening her with a charge, yes. She can choose to cooperate and either take care of the dogs "full time," or give them away; or take her chances and see if they actually charge her. It is unfair, but legal.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)

Expert TypeCounselor at Law
Category: Legal
Pos. Feedback: 98.6 %
Accepts: 17778
Answered: 7/9/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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