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I need to speak with a lawyer about pressing charges for…

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I need to speak with a lawyer about pressing charges for theft of my service dog

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

I am located in phoenix, az but my service dog is in Elizabethton, tn . and no i need guidance on what i can do to try and get him back

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He went missing a month ago. i just recently found out his location and ultimately just want him back

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
9/6/2017
Lawyer: legalgems, Lawyer replied 11 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,957
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 11 months ago

I am sorry to hear this;

there are 2 options when a defendant wrongfully appropriates another person's property. A service dog or any animal is still considered "personal property" and so the plaintiff can sue for an injunction ordering the return of the animal, or in the alternative, the fair market value (since they are "personal property" the court limits damages to actual economic damages).

If there is an injunction ordered and the defendant fails to comply with it the court can hold that party in contempt for the knowing and willful violation of a court order.

Another alternative is to contact law enforcement and they can press criminal charges. The criminal codes for theft are located here:

http://www.azleg.gov/ars/13/01801.htm

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Lawyer: legalgems, Lawyer replied 11 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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