Legal Question in Personal Injury in Mississippi
dog vs dog injury and charge against owner & court
My dog slipped out of the gate the other day & was running around the neighborhood about an hour. I immediately tried with family members as well as neigbors, to locate my dog. We have a lease law in my area. Other dogs were out running without a lease. A small dog was killed, & one injured, the police were called. Reports are that my dog did the damage. The police first said they didn't know what to write a ticket for other than ''animal running at large'', & gave a court date. They impounded my dog until animal control could review. Now anim. control states that after discussing case with the City Atty, I must bring the ticket back to have changed to ''public nuisance'' & submit that my dog will never be able to get out again, before they will release dog back to me. Please advise how this can be switched without me never even having a day in court to argue anything? City atty stated it was because the dog killed another dog. What rights do I have,what should I do or expect? I don't feel I should be charged with public nuisance. Dog killed/injured, were supposedly on ''their'' property running around in ''their'' yard, not fenced, chained, tied up, etc.
2 Answers from Attorneys
Re: dog vs dog injury and charge against owner & court
It doesn't sound like you committed any intentional or reckless offense. I am not familar with a charge of public nuisance. It sounds like some sort of local ordinance. Also, for criminal offenses the burden of proof beyond a reasonable doubt is on the government. You should make a written demand for return of your dog and tender whatever the usual fee is for a loose pet. In court, you should also ask that the judge order the return of your pet.
Re: dog vs dog injury and charge against owner & court
The city attorney has prosecutorial discretion over whom will be charged with what. A charge does not equal a conviction, so charges can be enhanced, reduced, amended, or dropped without your consent. I don't know what comprises a "public nuisance" in your area, but I would find out. You should be able to contact the city or city clerk's office to look at the local ordinances. You will have a chance to defend yourself on the public nuisance charges and, when you go to court, I recommend that you have an attorney with you.
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