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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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Hi I have a question about an animal control issue. Last Tuesday

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Hi I have a question about an animal control issue. Last Tuesday 7-2-13 the garbage man for my parents house claimed to have been bitten by my dog. I live in Macon County, Illinois and my parents live in Logan County, Illinois. I was the only one home at the time, but did not witness any bite. No one ever came to my house until a few hours later when his boss arrived. His boss had no info at all about the dog or the bite except the fact that the employee said it happened. I gave the boss my info and a few hours after that he called me and said the employee did not want any kind of medical treatment and asked me if I could just take the dog to the vet for a check up. I will say that the dog's rabies shot had lapsed unfortunately. But I agreed to the terms and faxed him a report Friday 7-5-13 from the vet. He called after he received the fax and said that was no longer good enough and he was going to file a complaint. So now I'm dealing with Logan county animal control and they forced me to take my dog in for quarantine. I have talked to the assistant warden and he told me they did no investigation because they thought macon county animal control was going to handle the situation. The event in didn't happen in Macon county. Logan county has seen no pictures of a wound and I have texts from the guy that filed the complaint stating he never viewed the wound with his own eyes and they have to pictures available of the wound. Do I have any kind of ground to stand on against logan county animal control or the business for a false quarantine or anything like that?
No, unfortunately not. They are still operating at the "probable cause" level which means it only takes a slight bit of evidence to write a ticket or complaint and enact the quarantine. Since the rabies vaccine had lapsed a quarantine was the appropriate way to handle the case even though it was based solely on a "victim" report. The law doesn't require them to authenticate in any way at this initial level.

More evidence would be necessary if you get a ticket issued and have to go to trial on any issues but at this stage there is no requirement that they actually do any investigation.

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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