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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117460
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in fresno california in a fresno county island. I

Customer Question

i live in fresno california in a fresno county island. I have been accused of having a noisy dog. These allegations are false. The first encounter with the Fresno Sheriff they came at me very disrespectful not wanting to here me out, all they said was to get rid of my dog or move from where i stay at. I tried to ask questions they told me to stop or they would do a citizen arrest. I did not get any warning at all just to get rid of my dog. My dog has very good behavior and does not bark chronically only for when a stranger appears at my home. If my dog was committing such barking i would fix the situation immediately. I dont want to be a nusince for anyone. the nexxt day i apologized to allmy neigbors in my culdusac and they all told me theyhave no issues with me or my dogs. I was told the only one that would do that would be the sherriff that lives behind me. they have come to my house 4 times which they have issuesd tickets twice. they have remained at my home for more then 30 mintues in wich dog was pleaseant with no barking. They have called my phone mulitple times by private im feeling harrassed what steps can i take ?
Kindly Bhagatveer Singh
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
i have been given a ticket twice in which ihace toapear to court on jan 25. Is it possible for them to do this? My neighbors say the sherriff behind my house is a jerk and thinks the entire neighborhood is under his control. My neighbors also mentioned to me that hes a racist and most likely has issues wiht my turban and beard not my dog. i was told they could not tell me which neighbor has accused me and that i neeed to respect the people that work in the night . He works night shifts . im starting to believe that it is my neighbor who happens to be a sheriff and is having his coworkers come and harrass me at 8am 10 am and 1 pm in afternoon. i would understand if this was occuring late night but its does not occur at all
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is going to be your word against whatever witness that appears. The officers who wrote you the citation cannot come in and testify against you because they did not witness the barking. So what you need to do is prepare for court by getting a recording device that is sound activated and leave it in your home and on during the day when you are not present to make recordings over numerous days to bring into the court to prove that your dog is not barking during the day and that these charges are false.

Of course dogs are allowed to bark and the courts and ordinance allows for reasonable barking during the day, it is continuous barking that is the violation. If your dog is not continuously barking, then you would have that evidence you need to take to court.

Once you take your case to court in January, if you win, then you would be able to seek to sue the individual making the complaint for malicious prosecution for making you go to court on charges they knew were false and seek damages from them for making you have to go through the court action.