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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Our family are facing a very bad situation. There were two

Customer Question

Hello. Our family are facing a very bad situation. There were two incident happened to my dog. The sever one was recently. He was surrendered by animal policies as evidenced by bitten neighbor. And as we saw from the picture it looked like a scratch mark, a line. Not deep.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Welcome to Justnswer,

I am sorry to hear of the situation you are facing. I have dogs, too, and they are my life.

Whar question can I Answer for you today ?

I look forward to your reply,

ANDREA

Customer: replied 1 year ago.
I would like to know, if we do go to the hearing. Is there any possiblity that we gonna win the case and he can be set free and not as marked as potentially dangerous dog?
Customer: replied 1 year ago.
Sorry, if I don't reply your answer. That means I fall asleep.
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply, I would be better able to give you an Answer if I knew what they are charging the dog with. In oher words, what are they claiming ?

1. I know that they will say the dog bit someone, but will this person also be in Court to testify ?

2. How serious do they claim that the bite was ?

3. Will they also have the other person in Court that your dog bit ?

4. What caused your dog to bite ?

5.Besides these 2 situations, did your dog ever bite anyone else ?

6. What breed of dog is it and how old is the dog?

7. Were these people that your dog bit, teasing your dog ?

Thank you,

ANDREA

Customer: replied 1 year ago.
Hello, there. Let me answer your questions one by one1. I think they will ask not only this person but also the cops to testify. When that happened the other neighbors called police for that lady.2. I'm not sure about how serious they gonna claim for this bite! So far as I saw the picture, not serious, just like a scratch ***** *****ne, no depth. And also when the cops asked lady, did she need to go hospital, she said "no, I'm just got scared". So she didn't go to hospital.3. They might ask all my neighbors to the court as well. Cuz when that happened, all my other neighbors came out and complained about it. Actually, we lived in a Caucasian neighborhood, we all felt like somewhat they are racist. Our dog was out by himself couple times, if they saw him, they would always very rude and mad at him, the lady got bitten actually used broom to hit him a while ago. And also they all complained about our dog barked. But my dog wasn't the only dog barked in our neighborhood, but they never complained about other dogs barking or came out.4. My dog accidentally ran out from house without leash. The lady told others, she was walking by our house. We didn't know what really happened between her and my dog. How that happened. She told cop that she was walking by and my dog attacked her from back5. No, he didn't bit anyone else. He has a really bad habits, one is loving to holding ur hand inside his mouth and playing. But no biting, second, he loves to jump up to people like hugging and playing with you.6. He's a white German shepherd7. I believed the first incident happened between him and another dog in the dog park, no human involved. Second incident happened on 8/14 morning, with a lady. We didn't really know, what's going on, don't if the lady are rude or fierce to him. She told everyone, she's just walking pass my house.Thank youJie
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply. According to the Rules of Evidence, a witness can only testify as to what they saw. They cannot testify as to what someone told them because that would be hearsay and cannot be allowed as credible testimony.

Here is what you must remember when you go to Court – The only people who can testify are those who actually witnessed your dog biting someone. If anyone gets up to testify, the first ?only what they witnessed. If they say “No”, they did not see anything, or they did not see your dog biting anyone, then they should not be allowed to testify. If they try to say anything, you should look at the Judge and say the following –

“Your Honor, this person did not see anything, and I am respectfully ***** ***** he (or she) be excused as a witness, since they did not witness anything”

You must do this for everyone who tries to testify if they did not see anything.

The police also should not be allowed to testify because they did not see anything and their testimony would be “hearsay” – In other words, they would be testifying only as to what someone told them once they arrived at the scene. So, if the police try to testify as to what somebody, or one of the neighbors told them, you must stand up and say the following –

“Your Honor, I am respectfully ***** ***** this witness not be allowed to testify because they saw nothing and their testimony would be only what he heard other people say and NOT what he saw.

RULE - If a dog is being attacked by someone, the dog is allowed to defend himself. So, if the person who claims to have been bitten by your dog gets on the witness stand, you should ask the following question –

Isn’t it true that you started beating my dog with your broom ?

If my dog did, in fact, bite you, wasn’t it because you started beating him with your broom?

By prohibiting anyone to testify who did not witness anything, it will be the woman’s word against yours. You must convince the Judge that the woman frightened your dog and attacked him first. If your dog did anything, it was only as a result of the woman beating your dog with a broom, or whatever else she was beating him with. You should convince the Judge that the dog was only defending himself after he was attacked.

Please let me know if I have not Answered your question fully, and I will be glad to explain further,

If I have Answered your question, please be kind enough to leave a positive rating so that JustAnswer will give me credit for assisting you. Positive Feedback and Bonus are very much appreciated,

Kindest Regards,

ANDREA

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