Insider information on an animal seizure case: as we have stated multiple times, people and their fascination for “Facebook” can bring down a job, a career, a paycheck, a custody case, you name it– so fast— it is not funny. This case we are talking about re seizure of animals– is a nationally known case.
And who would have thought that just one bank attorney could be so dumb and with an ego to match the most conceited out there? Well it’s true. We just viewed some of the Facebook postings, and boy has that guy sunk his own ship AND ruined his own case. We could not find the legal data online yet but when it’s out, it’s public data. Stay tuned and we might be able to get it in 1-2 days.
We cannot state the names of the banks, the animal rescue or the county yet, but it is in California. It had over 10 pages of search info on Google. As we all know, seizure of animals MUST comport with PC 597 or PC 597.1 Depending on how the seizure was set up and the facts surrounding such seizure, it makes a difference in the noticing and due process. As far as we know, one cannot simply avoid following California animal seizure law because one does not want to do so.
It is fair to say that seizure of one’s property including animals, livestock and tangible property of other types, are all subject to due process. When animal control or another entity seizes your property and then spays/neuters, gives away, sells, auctions off, kills, or otherwise takes such property from owner, keeper, or one apparently in charge [not necessarily the owner] — the law requires that the proper procedure always be followed. This applies to not only tangible property but to liberty interests.
So when a city or county allows a mortgage banking entity to work with the city or county, and then works with an animal “rescue”, and then illegally seizes animals without the proper notice or hearing, files a false declaration which claimed animals were severely ill (they were not severely ill), issues a warrant months later,after all animals are seized, takes canines and spays/neuters them (without notice), seemingly cannot actually account for the animals they did seize, causes several of them to subsequently die while in their care,we believe that amounts to an illegal seizure. The “rescue” taking the animals has a gross of $700,000+ in their last IRS990 filing, hardly chump change. The rescue is also known to have bought animals at auction. The rescue is heavily affiliated with H$US. Not surprised, right? Guess what? The rescue is about to be sued.
This criminal case then had defendant’s bail set over $245,000. At hearing, criminal defense attorney moved for “OR” release with no bail even though bank, rescue and DA wanted no release. Defendant was released on OR with no bail.
Further, when unknown entities or persons previously plants illegal drug paraphernalia in the home (after making sure defendant is in jail) and when the mortgage banking attorney actually gets a witness’ cooperation illegally (offering to not talk about X if she will do Y) and when the mortgage banking companies allegedly pay the animal rescue (claiming it’s a donation).and even claimed to represent the “rescue”..and THEN we find out that the mortgage banking loan is actually one of the many loans within the same pooling group as the one involved in Nevada [containing almost a billion dollars of loans] where the witness against the robo-signing was to testify, but was found dead the day before court—you know we are in some deep shit here. Seriously. No wonder the mortgage banker attorney is very worried?
As we have always said, most seizures are due to either complaints by neighbors, or people that don’t like you, or animal rights. Therefore it is in your best interests to always have a sign outside (preferably front and back) which states you have video surveillance cameras. We have personal experience with this and the signs are a deterrent. We also have personal experience with subpoenas for cell phone/computer/devices, and with all of the spyware out there, they can get almost all of your records. They can destroy them as well so that you can’t use them for trial. Or the DA will fail to hand over their own discovery because it might be in your favor. A written motion to compel would be required.
Pet Defense also has access to several criminal attorneys with 20+ years experience, most of it in the Los Angeles Public Defender’s office for one attorney, he is a UCLA cum laude graduate and UCLA law school grad as well. He is currently working in Northern California. If you want a very dedicated defense attorney in criminal law, he is extremely dedicated to defending the constitution. The other attorney has more than 25 years experience as criminal defense counsel, working mainly as a street attorney on ICDP (indigent criminal defense panel) We also have access to a young attorney with only a few years time out of school, but is consistently working on felony cases involving subjects like drive by shooting, drug cases,etc.
We will update on the case as we can. The AG’s office in Nevada has contacted us so it remains to be seen what will happen. Our opinion on this case is that the banks are in big trouble. And that “rescue” is not far behind. In fact the mortgage banking attorney claimed he also represented the rescue. Wow. How stupid.