Legal Question in Civil Litigation in Mississippi

Re: Owner of a dog that bite someone!

I would call whoever has your dog. They will be able to tell you what you need to do to get your dog back. Unfortunately, they are entitled to receive payment as well. You may want to talk to an attorney about compensatory damages if the agency wrongfully took your pet.

Criminal charges are a serious thing, but your particualar situation will not rate high priority on the prosecuation's case list. The first thing you should realize is that you are more than likely not going to go to jail. At most there will be a fine (which most courts let you pay on a monthly basis) I don't see a judge getting that concerned about a bruise. If you do get served (charges officially brought), you may want to call around and find an attorney in your area that is willing to defend such a matter. You may also want to call legal services. Of course you are always free to talk to the Prosecutor yourself. By doing this you can find out what the fine will be and other payment details.

Re: Owner of a dog that bite someone!

On 1/20/02 I received your msg posted 2/3/01. This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, this response is based on my general experience, and resulting opinions. No attorney-client relationship is formed by this response.

In Miss., the owner is not criminally responsible for injuries caused by a pet dog unless it is known to be vicious. A pet dog is not presumed to be vicious unless it can be proved to have previously bitten someone. Therefore, you have a strong defense against the criminal charges. However, you do not have the right to free representation by an attorney, so if you want professional assistance you will have to retain one. Also, you should ask the court to order the animal control officer to return your dog. Since the dog was probably taken from your property without a search warrant, there may have been a wrongful use of government authority. You may also have a claim for damages (assault, trespass, conversion of the use of your dog, unlawful search) against the authority represented by the animal control officer, and any ordinance authorizing the officer to come on your property without a warrant may be unlawful. According to the U.S. and Mississippi Constitutions, you also have the right and maybe the moral obligation to seek redress in the Court to remind the Authority that it must remember to reasonably respect individual rights and privacy even when it acts to protect the community from a potentially dangerous pet.

Re: Owner of a dog that bite someone!

What, exactly, are you being charged with in Court? We have a one-bite dog rule in Mississippi, meaning that you are not liable for the first time that your dog bites someone unless there is something unique about it. Has your dog ever bitten anyone before?

Jeff Navarro