You can still get legal advice to help you with your case, even if you choose to represent yourself in court. For example, if you are accused of violating a leash law, and the law in question refers to a 6-foot leash, you could defend yourself by saying that the prosecutor failed to produce the leash so that it could be measured in court. The dog catcher took her seat next to the judge’s bench, while I furiously took notes on the questions I would ask. Be sure to show the judge or hearing officer just what it means to be deprived of whatever information was missing in the citation. The Doggie Defendant: Prosecuting & Defending Dogs & Their Owners in Municipal Court (On-Demand Video) Please see our statement regarding the Coronavirus here . You can sue for the value of the animal. For example, and alibi defense is a substantive defense because it requires you to prove your alibi. Bring your club to Amazon Book Clubs, start a new book club and invite your friends to join, or find a club that’s right for you for free. To do so, see Defending Your Dog - Win Your Case In Dog Court, which is a complete manual that covers both the law and the strategies for cases in criminal court and "dog court. Locating the correct court means checking the small claims rules of your local courthouse first and making sure you have the type of case it can hear. All rights reserved. Find helpful customer reviews and review ratings for Defending Your Dog: Win Your Case In Dog Court at Amazon.com. But if you don't want to use it, you don't have to. The reason is that the burden of proof is on you. If your dog is declared dangerous: There are a number of things that might happen. One of the biggest hearsay exceptions is the procedural law that says that hearsay in dog court is admissible. Do this. For the sake of prevention, see Why Dogs Bite, which explains that training, socializing and caring properly for your dog will reduce the risk that it will bite someone in the future.Â, After a bite incident, you and your dog may face charges in criminal court or "dog court." As you read through it and focus on the elements required by law to cite you into court, ask yourself whether there are one or more things the prosecutor was supposed to do, but failed to do; or ask yourself whether there is some blank on the citation that should have been filled in, according to the procedural law. Click here for further legal notices. So an affirmative defense is something new that you are bringing into the case which is of such importance that, if you could prove it, you would win and the prosecutor would lose. If you plead guilty or are found guilty of any offence the court will order that you pay mandatory court costs of $85 (as at July 2020) unless you: get a section 10 for a See If Your Dog Bites Someone. In this kind of a defense, you are focusing a weakness in the prosecutor's case. As a responsible dog owner, receiving notification that someone is pursuing a compensation claim against you after being bitten by your dog can be a shock. Defending Your Business Against an Employee or Former Employee With the assistance of an experienced attorney who practices in this field, ensuring that you implement and enforce sound employment policies, which include training, can often serve as the best defense against potential lawsuits from employees … You also have to remember that there is a tendency of any hearing officer or judge to count the witnesses for and against one side or the other, and then to rule based on the number of people that support a certain version of the facts. Follow here: http://CorruptionCripples.com [To the judge:] Give me a chance... give me a chance... Give me a chance, don't cut me off. Ridiculous as that is. A procedural defense is one that is based on the prosecutor failing to do something he was required to do under the procedural law for the dog court. Those records certainly are official documents, but the statements about there being other incidents are actually hearsay, and should not be relied upon by the prosecutor or by the court. An example might be that the dog owner merely pay a small fine, or that the dog be muzzled but only when it is on public property. So you have a tough burden when you come in with an affirmative defense. But the government can't penalize you for the violation unless you're actually convicted (either by admitting the violation or being found guilty at trial). You have made a copy of it, and this is the time to take another look at it. So you can say that or something similar and impress upon the judge or hearing officer that you indeed are being deprived of proper notice or of your other rights under the law. Injuries to others will be followed by a letter from an attorney which, if you do not answer it, will in turn be followed by a visit from a Sheriff bearing the summons for a lawsuit. This is what I do. Any deviation from the proper procedure can cause the prosecutor to lose his case against you, even if he has plenty of witnesses and other evidence that otherwise would have condemned you. Besides carrying a fully loaded Glick 43 pistol. For example, the animal control records pertaining to a quarantine are admissible because they are kept a certain way in the usual course of business. Another substantive defense is the one where you point out that one of the elements required to convict you under the statute or ordinance has not been proved. If you have a good affirmative defense, and you feel that you can prove it, by all means rely on it. When it comes to playing style, defending Miami Open champion John Isner says go big or go home. UK research indicates that one in four people have been bitten by a dog in their lifetime, with a third of bites requiring medical attention but only 0.6% … The case does appear to confirm the defense bar’s concern that it is going to be impossible to challenge the reliability of a police drug dog in court. The term "due process" is a legal term that many lay people are quite comfortable using, because it is so common. An affirmative defense can be difficult to pull off because it requires you to come to court and prove something.