witnesses and hopefully a veterinary
expert. Contact your support network
and pull together as many people who
can help you as possible. Don’t try and
do this alone
I am so often contacted after that
first civil hearing by attorneys or their
clients because they were blindsided by
the opposition. They, like most normal
people, look at the situation as absurd
and walk into a hearing thinking no
reasonable judge would keep the dogs
from their owner, especially when they
are healthy. They believe they will get
the animals returned that day with some
expectation that a few conditions in
the home or kennel might need minor
modifications, especially when it seems
such a blatant overreach by the humane
officers. They are shocked to find out
how difficult this is and are unprepared
for the war they need to wage at those
initial steps.
The opposition is ready to conduct
a well-orchestrated attack on breeders,
even reputable show or hobby breeders.
They know the raid will stress the
animals enough that many of them will
defecate in their pens or crates. Photos
of dogs standing in their own urine
and feces will be shown to the judge.
They bring the most extreme experts to
testify in support of their agenda, people
who will tell the judge that failure to
obtain regular routine dental cleaning is
criminal animal neglect or abuse.
Many of these cases result in criminal
charges that ultimately are dismissed
or reduced when the government is
forced to prove a criminal case against
the owners. Exposed to the greater
scrutiny of a criminal proceeding where
a defendant has strong legal defense
and liberty rights that government must
protect, these cases often fall apart. That
is little consolation when the seized dogs
are gone.
A dismissed criminal charge or even
an acquittal after trial doesn’t negate
the damage done to the owners from the
civil case the owner lost in the seizure
action. Seizure actions are won or lost
in the first few days after the animals are
seized. A successful case at those early
stages will most likely serve to reduce
the chances of future criminal charges.
Most prosecuting attorneys will
recognize that if the government can’t
win a civil case against an individual it
would be close to impossible to win a
criminal case where the burden of proof
for a conviction is higher than it is for a
civil judgment.
There is a very short window of
opportunity to present an opposing view
to the courts in dog seizure cases. Be
prepared with your legal defense. It may
be your one and only opportunity to save
your dogs and ward off future criminal
prosecution.
By Sheila Kessler Esq.
http://animallegalresourcesllc.net/
Sheila Kessler is a partner in Animal
Legal Resources, LLC. a Wisconsin law firm
specializing in breeder issues and animal
litigation. She and her law partner, Dr. Marty
Greer, have represented breeders on issues
related to licensing and have successfully
defended against seizure actions in Wisconsin.
Sheila is a graduate of UW-Madison Law
school and has over twenty years of criminal
defense experience and Dr. Marty Greer is a
recent graduate of Marquette Law school and
practices veterinary medicine in addition to her
work at Animal Legal Resources, LLC. Both
hobby breed, raise and show purebred dogs.
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