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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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Accused of abandoning my home and leaving my dog I have

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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.
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 3 years 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?

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.

Customer: replied 3 years ago.

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

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.
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