Do I need an attorney? (work, hospitals, house)

[MomMom]

I'm just glad you found an attorney to represent you and your rights.

I feel so bad that this had to happen. But I'm kinda thinking it won't come to a fine/jail time either.

And I really don't think your babies are going to be taken away either.

My prayers are with you brosati...

[jfkIII]

It just seems to me like this woman has a personal vendetta against you! She's not an ex-wife of yours, right??? And I think you mentioned that you tried to talk to her...but she'd have none of it? What's up with her?

[brosati]

Originally Posted by jfkIII

It just seems to me like this woman has a personal vendetta against you! She's not an ex-wife of yours, right??? And I think you mentioned that you tried to talk to her...but she'd have none of it? What's up with her?

My attorney feels that the woman is out of the picture and probably has been since the time she filed the complaint and pressed charges. He said the report submitted by Animal Control was sent to the District Attorney’s office back in October soon after the incident occurred. Once it got into the system, it was out of civilian control (including any control of the woman who requested that charges be pressed.)

My attorney explained that the report was first handled by some lower level clerk in the District Attorney’s office. Such complaints normally pass through several hands at various levels where they can either be filtered out or passed on to the next step toward prosecution. For some reason, my case (even though it took three months to do so) managed to make it to the top and was deemed worth prosecuting.

I called the DA who will be representing the State in this case to find out the grounds for the charges. He said that he did not have my file in front of him so he could not give me any details. I asked him “How do I go about defending myself against these charges if I don’t know the substantiating evidence?” He told me that my court appearance on February 21st is just an arraignment and the charges will be fully explained to me prior to my being asked to plead guilty or not guilty.

I also called Animal Control to see if I could get a copy of the original report they submitted to the District Attorney’s office. And I called the clerk of the Judge who is scheduled to hear the case to see if I could get more information about the charges. No one was willing to tell me anything beyond the fact that I am being charged with two counts of unlawful position of a vicious animal.

My next move was to meet with an attorney. He charges $500 to defend a misdemeanor and advised me to hold off shelling out money for his services until it is determined that I actually need him.

I don't think the woman realized what a can of worms she opened when she asked that charges be pressed against me....but then again, maybe she did.

[coolricks]

Dam it Brosati now I'm mad at you!!!! I can even feel your frustation on my skin!!! why In hell don't you slap that B**** with a counter claim!! I'm not a legal advisor but I MEAN C'MON!!! finger print's mug shoot?? what the hell happend here who got murdered??? in a small claims court you could sue up to $5000 dlls, plus emotional hardship that is what she is doing to you, don't you think it sounds wierd that your case went up to the top office with out passing the normal and regular filters placed by the law?? she maybe an extorsionist, thats why a counter claim is all about, if she does not have ground for this claim they you get back at her!!!!!! By the way I'm not a lawer so I may not be saying the right thing, but I would do it like that if it were my case.

[jfkIII]

Maybe she knows someone in high places...to help push it through?

[LasVegasHill]

Brosati please tell me you DID NOT actually pay the vet bill?

That would look to me like an admission of guilt, no?

Especially for a vet visit that happened two weeks after the incident! (What the hell is this woman thinking?)

I would not pay a cent to her. Let the courts handle it, since that's how she wants it. She really has no case based on the fact that she cannot prove an immediate and urgent injury to her dog... unless you pay the vet bill. :/

[brosati]

Originally Posted by LasVegasHill

Brosati please tell me you DID NOT actually pay the vet bill?

That would look to me like an admission of guilt, no?

Especially for a vet visit that happened two weeks after the incident! (What the hell is this woman thinking?)

I would not pay a cent to her. Let the courts handle it, since that's how she wants it. She really has no case based on the fact that she cannot prove an immediate and urgent injury to her dog... unless you pay the vet bill. :/

Yes, unfortunately I did pay her.

About six or seven weeks after the incident, I received a letter from the lady with a copy of her paid vet bill enclosed. She told me I had one month to reimburse her vet expenses or she would seek legal action against me. I called her vet to see if the visit to him was in anyway related to a possible dog bite. I was told that the dog was brought in for an x-ray because the owner noticed a bruise on her dog's belly and she wanted to have it checked out. The dog was kept overnight for observation. The total charge for the visit was about $350. I asked about the condition of the dog and was told that the dog was fine now.

Although the date of the visit to the vet was a week or two after the encounter with my dogs, I sent the lady a check in the amount she was seeking to avoid being sued. I figured if she sued me, I would have the expense of hiring an attorney, etc. I figured it would be worth $350 to avoid the hassle and put the matter to rest.

That was probably a big mistake. I imagine that she feels now that if I am criminally convicted, she would be in a good position to sue me. She probably figures that a civil lawsuit would be settled out of court and she would end up with several thousand dollars ahead.

I think I may have been scammed.

Sounds silly perhaps, but I know of a lady who made a good living out the settlements of law suits where she would intentionally get caught in the automatic doors at super markets and claim injury.

My biggest concern is the charge against me: two counts of unlawful possession of a vicious animal. What could possibly be the district attorney’s justification for that?

[olecapt]

Originally Posted by brosati

Yes, unfortunately I did pay her.

About six or seven weeks after the incident, I received a letter from the lady with a copy of her paid vet bill enclosed. She told me I had one month to reimburse her vet expenses or she would seek legal action against me. I called her vet to see if the visit to him was in anyway related to a possible dog bite. I was told that the dog was brought in for an x-ray because the owner noticed a bruise on her dog's belly and she wanted to have it checked out. The dog was kept overnight for observation. The total charge for the visit was about $350. I asked about the condition of the dog and was told that the dog was fine now.

Although the date of the visit to the vet was a week or two after the encounter with my dogs, I sent the lady a check in the amount she was seeking to avoid being sued. I figured if she sued me, I would have the expense of hiring an attorney, etc. I figured it would be worth $350 to avoid the hassle and put the matter to rest.

That was probably a big mistake. I imagine that she feels now that if I am criminally convicted, she would be in a good position to sue me. She probably figures that a civil lawsuit would be settled out of court and she would end up with several thousand dollars ahead.

I think I may have been scammed.

Sounds silly perhaps, but I know of a lady who made a good living out the settlements of law suits where she would intentionally get caught in the automatic doors at super markets and claim injury.

My biggest concern is the charge against me: two counts of unlawful possession of a vicious animal. What could possibly be the district attorney’s justification for that?

Sue her. Send her a registered letter demanding your $350 back. Make it clear in the letter that your payment was only to end all legal action, which has not happened, not because you owed her the money or that your dogs had done anything wrong. Write the letter so you can use it in court one day if needed. Soon as you get the return receipt back go to small claims court and file an action. Then go right off to the marshall's office and pay to get her served.

Takes only an hour or so and you are on your way. You might check with your attorney as to whether he thinks this could have impact on your case...but I would certainly return the favor whether now or after your case resovles. Small claims court is one of equity...so generally you will get a fair shot at her there. If she can't substantiate that her dog was in fact bitten she likely has problems.

[LasVegasHill]

Originally Posted by brosati

Yes, unfortunately I did pay her.

She told me I had one month to reimburse her vet expenses or she would seek legal action against me.

I imagine that she feels now that if I am criminally convicted, she would be in a good position to sue me. She probably figures that a civil lawsuit would be settled out of court and she would end up with several thousand dollars ahead.

D@mn. Paying for the vet expenses might not help your criminal case because it looks like you've admitted guilt... but on the flipside I do NOT think she'll be in a good position for a civil suit because you DID promptly satisify her demands for payment of the vet bill. What else does she have to sue you for? The dog is fine and the bill is paid in full.

Perhaps you should sue for extortion? From Wikipedia:

Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense. The four simple words "pay up or else" are sufficient to constitute the crime of extortion.

[airics]

i agree with olecapt, sue her.. don't be afraid of this.. get down to the court house and file