Warrants,Seizures,Allegations, Animal Owners– How We Help

BACKGROUND:  Who Really Writes the Animal Laws Nationwide

Much has been written about warrants and seizures in the law, but for animal owners, breeders, livestock owners, pet store owners, show fanciers and just normal pet owners, the spectre of being cited, or having a warrant issued and served, or seizure of animals– is something most animal owners actually fear.  Especially in CA, home of the most prolific animal “cruelty” laws in the United States.

And that’s only if they realize what is actually done to people, by using the HSUS drafted laws against them.  Most people don’t realize that HSUS is known for their “sheltering” data, only because they set themselves up as purported experts in the field, and wrote the book on how to kill nearly any animal in existence.  Good to know if you will be killing a lot of animals maybe… HSUS is no expert when it comes to animal husbandry, breeding, or actual reality with animals. All HSUS knows is what THEY want the public to believe they “know.” And what they actually know has to be learned from other people who they claim know it all, since HSUS is just a lobbying organization that gets money/donations, then pushes legislators, and sometimes local government, to write AR laws.  When local government does it, it can be fatal, as evidenced by the horrific Louisville KY metro case. And as an example years later, look at HSUS (we won’t link it) but here is the url:  humanesociety.org/news/press_releases/2011/08/rewards__  louisville_kentucky_cruelty_083111.html

Oh sure, they can churn out lawsuits galore because they have 10,000 pro bono hours and many hours of free and paid legal help.  That in and of itself does not make their LAWS any good. They may be implemented but that doesn’t mean they are good.  There is a difference. Unfortunately, we have many laws out there which really suck and so knowing that, as defense attorneys we try and stay current with the crappola that HSUS keeps churning out, most of which very few animal owners ever know about.  The danger in this is that bad precedents are set in the law by morphing one bad law into even worse ones.   That is the known method of ARs.

Our Background Knowledge in California 

To be honest, almost NO attorneys want to be known as the ones that stick up for owners or those who are charged with purported abuse, or cruelty, or anything “bad” having to do with animals. Yet if no one does this, then the owners and businesses that don’t want to have their rights trampled simply call any defense attorney, if they know one, or worse, they don’t call an attorney at all. A good example is when an innocent owner loses all their animals even when an illegal warrant was used.  Or, the proper seizure notice was never used. Or, no opposition was ever afforded the defendant. Or, the animal control ignored the law.

We have the added benefit of being able to work with CA humane officers that have been certified properly. This means they are in good current standing and in some instances, may know more about animal husbandry, breeding, proper care and feeding than some animal control officers. Being at a “bust” and seizing animals does not make one into an expert.  Animal control officers attend an education program, but it is a general program that is not necessarily one which would make an animal control officer an expert. A purported expert in the field of animal control can depend on the length of time and background of the person, but in our opinion, most of them which testify are not experts. They may testify as to what they saw, which is usually one sided (against owner of course.) Many animal control officers think of themselves as HSUS agents, they are always on the lookout as bust patrolers. Wanna-be-cops.  Many of them have very limited knowledge of animal breeding knowledge and will transfer AR concepts to animal owners in their assessment.

Besides knowing this type of background, we have worked with both fanciers and animal rescue for years.  That one element of having worked animal rescue hands on gives us a very novel benefit since we know what rescues do, how they pitch their products, and what improper actions we have seen in the past. Of course not all of them do these things, but many do. We have been in countless shelters, attended rescue group meetings, been authorized to pull animals (and still can), worked with canine and aggression experts, and listened to much rescue banter.  Most rescue groups are AR inclined, but not all.  The worst faults of some rescues are to save the worst cases, spend the most money, and never get the animals a new home, simply because they want to keep the animals. OR, pick the worst cases, pander them as “poor one eyed dog” or “poor 2 legged cat” and then mount donations. Getting the animal a home is not the goal.

On the fancier side, we realize fanciers exist in a different realm than most pet owners. And although the fanciers sometimes don’t know it, the HSUS uses them as bait. HSUS does this by claiming fanciers need to help HSUS set up proper programs, knowing that some fanciers are AR leaning already, because they don’t treat their animals just like pets, since a show dog is not just a pet to them. It’s a showpiece. For example, a guy that shows off his prized show winning car is going to treat that car a lot different than most people treat their everyday driver. Knowing that, HSUS panders to elitists because HSUS knows they will be able to convince some of the weaker ones.  And indeed they have.  However, no animal owner who values their property, or their property rights, or constitutional rights would side with HSUS as HSUS does not place any value on those rights. HSUS’ sole purpose is to create human rights for animals, period. Whether they say it or not.

Our Ability To Help Owners in California, and sometimes Other Attorneys 

It is very helpful for an attorney doing defense work for animal owners and animal related businesses, to have  had experience in the field. This doesn’t mean we are like Mr. Karp (known AR attorney WA) but it does mean that we have to know defense work, strategy, and what is wrong in the case.  Animal related cases are often not won because of delayed action, and in CA there is a VERY short time frame to forfeiture. Although we don’t believe the law is good, that is the HSUS law currently, and asset forfeiture is what the animal laws were patterned after.  Federal asset forfeiture is legendary, and although state law is bad, Federal is worse.

imag0996.jpg

Dogs that are set to be killed, dogs that are deemed vicious, dogs that have bitten but not risen to the level of dangerous, animals that keep getting out, animals that stalk livestock, owners that keep going over the limit, live in renters that give authority when no authority is authorized, searches of vehicles when animals are seized, searches of people just because they are walking animals, animals in a location which is part of the dwelling seized without exigent circumstances, animals outside with housing seized with allegations of improper housing, animals with food that animal control said was not proper, water bowls empty because dogs drank the water 20 minutes ago, litter on the floor because cat kicked it out of box, poop on floor because dog not housebroken, any or all of things things could potentially cause an animal owner to LOSE the ability of owning an animal for 5-10 years, thanks to new HSUS law.  And God forbid anyone who is not a “non profit” is outside (even say at Tractor Supply with permission) giving away, rehoming or selling their hamster. In CA that is called “animal abuse” under the Penal Code, mischievous conduct.  The HSUS SB 917 implemented in 2012. The first strike is a fine, the second is misdemeanor or felony. But where is the “abuse?”  It would seem that the first strike is just prima facie guilt. Such as owning a dog with cropped ears=a felony. That was another law HSUS tried to pass.

Because we tell the truth, and are not liars, we tend not to be well liked. We have been targeted BECAUSE we tell the truth, and BECAUSE we are willing to defend those who may seem un-defendable.  Yet in defense work, it is not our job to determine who is not guilty or guilty.  That is the job of the trier of fact, usually the jury. Our job is to see that all elements of a case are analyzed and researched.  Clients have a right to the best defense possible, and that is our job to do so.  Without any animal background, defense attorneys in our opinion are handicapped because they are not familiar with how animal control, rescues, and the system is used. Knowing these elements have helped to build a better defense for allegations, since many allegations do not have adequate proof. Jury instructions are often selected improperly, and are a leading cause of appeals. Animal related charges raise huge emotional aspects for many jurors, and bias is often indicated.

Selecting juries can be difficult because of the AR movement’s constant propaganda re “abuse.”  In reality, there is very little animal abuse in contrast to what the HSUS and AR groups pander nationwide. This is because AR groups make $$$$ off pandering “abuse” “abuse” abuse” since it is a known $$$$$ maker, and makes headlines.  It makes headlines BECAUSE it IS NOT that common, thus when it happens, it is rather uncommon.  If it was as prevalent as HSUS claims, no one would bother to read their website, because it would be an everyday thing and they would NOT NEED TO OFFER REWARDS!!! The fact that REWARDS must be offered indicate that such abuse is NOT common.

Getting Help in California From Defense Counsel

If ANY seizure or warranted is executed on you, get legal help immediately! You will only have a day or so. Do not let animal control or anyone else tell you that you cannot be represented at any hearing–don’t believe it. In CA forfeiture starts very very quickly. While it has been stated that no owner in CA has ever gotten back “all” of their dogs in a seizure, we know of a case where all owners got back all their dogs. However, they paid $15,000 to get them all back, which included dogs of 3 persons total. And that was in a warrant which was for “no kennel license” and other suspicious charges, with “night” seizure allowed.  However the seizure was done during the day in Los Angeles. The owners told us they planned to move because they were sick of the badgering.

We help those accused of any crime, but are especially interested in defending animal related cases, and in helping on cases where attorneys are not familiar with the territory.  In some cases costs can be determined by income and ability to pay. We do not publish emails, contact numbers and other information since we have been targets of hacking for years.  If you want information and have a potential case, you can leave a comment on the latest post we have, as all comments are moderated. We  have several generic legal sites which are not aimed at animal related cases, and yes, it is true that we have directly worked with canine expert that testified in the case which HSUS LOST, United States v Stevens.  Although any attorney can defend a criminal case, it is to the animal owner or business owner’s benefit to consider those who know the territory, and have much access to those who are actually experts in animal husbandry. And last but not least, it helps to have people who actually care what happens when the law is ignored and due process is evaded.

Below is just a picture (not of us) that we found online of a cool dog and owner. 🙂

BOERB (1)

Advertisements

8 thoughts on “Warrants,Seizures,Allegations, Animal Owners– How We Help

  1. i found a 8yr old boy injured outside my apt and now his mother said my dog bit him. my dog never came near the boy. the stories keep changing. in the meantime they took my companion pitfull for days and made me pay 1.000 bail this is such a mess and i need help

  2. I have been fighting in the THEFT OF OUR THOROUGHBRED RACE HORSE, THE STARVATION OF OUR 501C3 SERVICE DISABLED VETERAN OWNED HORSES WHEN WE BOARDED THEM with Riverside Animal Control’s Disaster facility, the documented (by Riverside Animal Control Field Notes and emails) STALKING by lunatic lying HSUS aka Riverside Animal Control – the ILLEGAL, completely unnoticed Seizure of our beloved horses, the INSANE HEARING following the unnoticed seizure at Riverside Animal controls HQ with the room packed with hillbilly vigelante goons.
    These goons did not respond to anything. We were frantically trying to find out were these vigelantes took our horses. We paid an attorney to help us and after several months of NO ANSWER the attorney told us there were CRIMINAL CHARGES against us in Riverside. What a fiasco.
    My husband, a paralyzed, service disabled Vietnam Veteran was “defended” by Riverside’s very District Attorney – Ronnie Coffee. Yeah!!!
    We had filed a “Writ of Mandamus” in every case number we could find Animal Control, DA, Criminal and it’s own CIVIL CASE NUMBER.

    This is when HSUS strategically brought in Riverside’s #3 Prosecutor to make sure our horses were DISPOSED of in the Criminal case # even though we had the Writ pending.

    The clerks stated “you cannot defend yourself because you are represented by attorney” anyway, the Judge ruled for Riverside County Counsel – who was impersonating the people of the state of California while Ronnie DA Coffee simply stated “I am not here.”

    And County Counsel GOT A JUDGEMENT BASED ON ANIMAL CRUELTY, DISPOSED OF OUR HORSES and billed us $54,000. Where is Jeopardy? It’s Triple just in that INSANE OUTRAGEOUS Trial.

    Anyway, there were 43 continuances, 8 Marsden Motions to try to GET RID of our mascarading prosecuting defense counsels. I had to Literally FIRE one of my pretend lawyers after the same judge that disposed of our horses stated that even though the lawyer vehemently vilified me, he said she was much more believable than me.
    So, when we returned to the “trial court” I said “YOUR FIRED!!!!” YAA. anyway, it is a long story. that is pretty unbelievable. BUT IN MY CIVIL CASE, in researching my proximate cause for the COA of CONSPIRACY, I discovered that HSUS had taken over RAC – following an Audit by same. Then just for fun, I googled MY OLD BUDDY GERALD PARSKY (You know AIG, Leman Bro. Bernie Maddoff, UC Retirement, Cal Pers, Los Alamos Nuclear lab and of course his early work described in DETAIL in the “OPAL FILE”) – with HSUS.
    I know Parsky style so well. He bribes all the rich powerful idiots near him who keep it quiet how many hundreds of thousands of dollars Parsky slipped to them.

    Anyway Parsky’s aurora Money Laundering Resurgence Capital natch has taught Wayne Pacell and all the 65 or so in horse HSUSattorneys how to use the Courts to use animals to Seize assets.
    My Buddy from Law School, Dian Dunn is actually part of this nut case INSANITY of “GIVING ANIMALS HUMAN RIGHTS. Not for animal but to USE THE COURTS to use animal as an asset forefiture scam. Check our story out on Pro Per Inc – Franklin and Trea Cleaves. Also see the “BIG RAID” on Sept 22, 2011, when nazi Animal control malicious fool, lesley heunnekens had found 1 thin horse.

    So, they had their plan. Get ABC News – in on the take, and all of the wack job vigelantes from REARS – to RAID poor Janice and her 85 year old Mothers BEAUTIFUL RANCH. in Murrieta. The 16 INCREDIBLY WELL CARED FOR Thoroughbred race horses were whipped chained and dragged into the trailers of these raides. It is too unreal. Just google it.

    I have a RICO LAWSUIT IN ERIVERSIDE COUNTY and I have found all of my evidence from when I worked on Parsky’s Rance in 1998. I have a letter from Parskys Lawyer to my lawyer ( who got scared) that if channel 10 told the TRUTH about me working on Parsky’s RANCH for 3 MONTHS – 6 days a week, 10 hours a day – She, Nikki Demackis – would immediatley file felony per se against the law firm and me because her clients – Gerald and Robin parsky were so POWERFUL and IMPORTANT, that they could LIE, CHEAT, STEAL and endlessly Maliciously RETALIATE AGAINST me and MY HUSBAND who just happen to also be a Former US Marine wh Served THIS COUNTRY HONORABLY in Vietnam from 1970 tp 1979!!!!!?

    Our story is SO OUTRAGEOUS. But the FACT that Robin And Gerald Parsky have been BLATANTLY USING their malicious, corrupt retaliations against us, is HOW, What, when, where, why this all could Happen. Please pass this along.

    Riverside county is a testing ground to TAKE away all of your rights – because the Wilson Institute uses it’s millions of tax free dollars to STUDY how to Impoverish AND CONTROL the masses in order to Maximize the safety and pleasure and comfort of the power elites. WAKE UP, America. Thank GOD Romney did not get elected, that would have been the last election. I am NO FAN of Obama. But if you think about it, WTF does anyone NEED with $100MILLION in an IRA when 6 MILLION CHILDREN GO TO BED HUNGRY EVERY NIGHT IN AMERICA.

  3. i need help . i live in phoenix az and the humane society seized my cats. i went to the post seizure hearing. the humane society was there but the phoenix police officer that was the seizing officer was not. i could not question here because she was not there. the humane society had been asked and demanded to leave and refused to leave the backyard where the cats were. they lied under oathe to the judge. the judge decided it was a legal seize and the law is that you post five hundred dollars per animal bond for cost and care of the animal to get them back. i had many animals they took all the cats. they wanted five cats seen by my vet for sniffles and sneezes. i agreed to do so and another humane society person came and got intimidating with me and refused to leave the property and seized the animals, no police officers were present at that time they lied to police when they came and lied in court to the judge to uphold the seizure. i need some help .

  4. I run a no kill rescue and animal control illegally seized and murdered my animals, I then filed a complaint against him, he in turn raided me. I need help and have essentially run out of money fighting the government. can you help me? Someone needs to stop this man, I’m not alone in this.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s