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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118254
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My nephew went to court and lost on a animal cruelty case.

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My nephew went to court and lost on a animal cruelty case. He tried to defend himself. After he got to see there evidence,after the trial, he could see he had his windows down about 3 inches .The officer said under oath they were up. He could not prove that until after the trial. He has filed a appeal. He is still going to defend himself. His fine is $640.00 Does he have a leg to stand on. Thanks Craig
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he can prove the officer was not truthful in his testimony and the windows were down sufficiently, then he would have to seek to base his appeal on the testimony not being consistent with the evidence.

He should have an attorney here because he lost once and if he does not properly word his appeal he is going to lose again when it sounds from your statement he has a possible ground to appeal and be successful.

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Customer: replied 3 years ago.

Would a better approach be to get the officer to admit his reason for the ticket, under the statues of the Animal Cruelty Law? If he states that his reason is abandonment, because based on the definition of abandonment, that was not done.

Thank you for your response.

Of course, that is part of his defense and questioning of the officer as the officer has to testify to the elements of the crime he charged him with and why his actions fit those elements.