[TX] [TX] How do I defend myself legally for abandoning a dog?
Based on your situation, there are several legal arguments and considerations in Texas that could potentially support your case:
- Intent and Circumstances: In cases of animal abandonment, the intent behind the action is crucial. Your efforts to find help and the fact that you were concerned for your children’s safety could be significant factors in understanding your intentions.
- Evidence of Efforts: The evidence you have, such as messages to shelters and posts about the dog, can demonstrate your proactive approach to finding a solution for the stray dog, which may counter claims of neglect or abandonment.
- Character and History: Your history of fostering animals and providing homes for them can be used to establish your character and commitment to animal welfare, which might influence the perception of your actions in this case.
- Legal Definitions: Understanding how “abandonment” is defined under Texas law and whether your actions fit this definition will be important. Typically, abandonment involves leaving an animal without reasonable care or supervision.
Let me know if you have any questions or clarifications; if not, I’ll move forward with guidance.
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I am in Texas and got charged with Misdemeanor A for abandoning a dog. The dog was a stray that I picked up and took to a shelter to get checked and see if they could take him. It started growling at my kid in the back, and I let it go from my car. What can I do to defend my case? This happened in Waller County.
Lexi, Chatbot
I understand that facing a misdemeanor charge can be stressful. Can you tell me if you have any prior criminal history?
I have no history, I never even got a parking ticket.
Lexi, Chatbot
Have you already attended any court hearings regarding this charge?
No, I didn’t receive a date.
Lexi, Chatbot
Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with your misdemeanor charge.
Yes.
Blake
Hey there! Welcome! I’m Blake, an attorney with many years of experience. Just so you are aware, this platform is for legal information only. No attorney-client relationship is formed from our conversation.
Could you tell me if you’ve had any communication with the authorities or any legal representation regarding your misdemeanor charge in Waller County?
They came to my home, I was arrested, and I am on bail.
Blake
Thanks for sharing that. Since you’re in Texas and this happened in Waller County, could you tell me if there were any witnesses when you let the dog go? Also, have you been given any documents or evidence related to your case?
I have evidence showing that I tried to find help. I messaged several places.
I posted on sites for them to find him.
Blake
That’s good to know. Having evidence of your efforts can be really helpful. Have you been assigned a public defender, or are you planning to hire a private attorney for your case?
Blake
Have you been assigned a public defender, or are you planning to hire a private attorney for your case?
I have screenshots of other people posting in the neighborhood about the dog roaming around.
I also constantly foster dogs for shelters and have homed 14 dogs and cats this year.
I only let it out because I was scared for my kids’ safety. My kids are 7 and 8 years old.
Blake
Based on your situation, there are several legal arguments and considerations in Texas that could potentially support your case:
- Intent and Circumstances: In cases of animal abandonment, the intent behind the action is crucial. Your efforts to find help and the fact that you were concerned for your children’s safety could be significant factors in understanding your intentions.
- Evidence of Efforts: The evidence you have, such as messages to shelters and posts about the dog, can demonstrate your proactive approach to finding a solution for the stray dog, which may counter claims of neglect or abandonment.
- Character and History: Your history of fostering animals and providing homes for them can be used to establish your character and commitment to animal welfare, which might influence the perception of your actions in this case.
- Legal Definitions: Understanding how “abandonment” is defined under Texas law and whether your actions fit this definition will be important. Typically, abandonment involves leaving an animal without reasonable care or supervision.
Let me know if you have any questions or clarifications; if not, I’ll move forward with guidance.
I left it near a fire station. I recently moved from Virginia, and I believed you can leave a dog near a fire station and they will rehome them. But Texas law is different and I wasn’t aware.
I left it near a fire station. That’s where it was barking, and I drove off thinking it’s okay. I am from Virginia and thought in Texas too you can safely leave a dog there like people leave children.
Blake
I understand your situation better now. Let’s go through some steps you can take to address this charge:
- Gather and Organize Evidence
- Collect all the evidence you have, such as screenshots of messages to shelters, posts about the dog, and any other documentation showing your efforts to find help for the stray dog. This will be crucial in demonstrating your intent and actions.
- Understand Local Laws
- Since you’re new to Texas, familiarize yourself with local animal control laws. While leaving a dog at a fire station might be acceptable in some places, it’s important to know how Texas law views this action. This understanding can help frame your defense.
- Consult with a Legal Professional
- Consider speaking with a local attorney who specializes in animal law or criminal defense. They can provide specific advice tailored to Texas laws and help you build a strong defense based on your circumstances and evidence.
- Highlight Your Character and Intent
- Emphasize your history of fostering animals and your intention to protect your children. This can help establish your character and show that your actions were not malicious but rather a misunderstanding of local practices.
- Prepare for Court
- If you haven’t already, prepare for your court appearance by organizing your evidence and possibly having witnesses who can attest to your character and intentions. A lawyer can guide you on what to expect and how to present your case effectively.
Please let me know if you have further questions.
That’s all, thank you.
Blake
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
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