If Orange County, FL Animal Control seizes your dog, the way to retrieve it depends on why it was seized. You may be accused of neglecting or abusing the animal for which you could face criminal charges, or you might be accused of deliberately sending the animal on someone who gets badly mauled, prompting criminal charges. If your dog is seized because it bites someone on your property or in public, there are laws covering ‘dangerous dog’ determinations that your lawyer may be able to refute.
You may even try to retrieve your beloved pet if your ex-spouse seizes it from you, but depending on the circumstances of your divorce, you could be charged with a theft crime because pets are property in Florida. For top-notch legal advice about reclaiming a seized dog in Orlando, call The Umansky Law Firm now.
When the Orange County Sheriff’s Office, Police Department, Animal Services, or the SPCA of Central Florida receive complaints about animal neglect or abuse, an agent can remove the animal, pursuant to Florida Statutes § 828.073. A petition to the court is filed within 10 days of the seizure, and the court will schedule a hearing within 30 days of the filing. If your dog is seized, you will receive written notice at least three days before the hearing. It is crucial that you and your attorney attend to defend your right to reclaim your dog. You will have to show that you can provide for it and any alleged abuse or neglect was not of your doing, not intentional, or not what it seemed. What the court considers is:
If your attorney convinces the judge that you can adequately provide for your dog, you will still have to pay for its care while impounded, until it is released to you.
Animal abuse can lead to a criminal trial for cruelty, which the officers who seize your dog can instigate. Your attorney understands the defenses to these charges, which are generally misdemeanors when the animal is not greatly harmed. It is imperative to seek counsel because this first-degree misdemeanor upon conviction can result in up to one year in jail and up to a $5,000 fine, as well as prohibition from owning animals for a judge-deemed period. Severe neglect and intentional harm can lead to felony charges. Aggravated animal cruelty in Florida is a third-degree felony penalized by a prison term of up to five years, and a fine of up to $10,000. Upon conviction, the accused will not be able to reclaim the pet.
Reuniting with a seized dog in Orlando is a complex government process that the attorneys at The Umansky Law Firm can help you navigate.
Your dog may escape your enclosed yard and be picked up by animal control, but it will quickly be returned to you after you pay for its boarding. When it bites someone, local authorities will confiscate it and determine if it is a dangerous dog. You are entitled to a hearing and possible appeal if your dog is labeled dangerous. Your attorney may make a point that it bit someone who was trespassing, or it was protecting you from harm.
To reclaim a seized dog that has been deemed dangerous in Orlando, you will have to register the dog as such, and renew the certificate with animal control annually. You must provide evidence of current rabies vaccines, a proper dog enclosure with warning signs visible to visitors that a dog on the property is dangerous, and you must have the dog tattooed for identification purposes.
Our criminal defense lawyers are versatile enough to defend you if criminal charges are brought for aggravated animal cruelty, represent you if you are sued because your dog injured someone, and experienced enough to guide you through hearings if your dog is seized by animal control.
We are animal lovers, too, and we understand that your dog is more than a pet, it is family. Unfortunately, Florida law classifies animals as property. Because we know how you feel and the state acts, we offer compassionate and intelligent help in reclaiming a seized dog in Orlando.
The Umansky Law Firm Criminal Defense & Injury Attorneys
