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Animal Cruelty Charge Defense
Summary
If you are charged with animal cruelty under California Penal Code 597 and did not receive a post-seizure hearing notice, it may be a violation of your rights. The law requires notice before commencing criminal proceedings. The case law Carrera v. Bertaini may be relevant to your situation. Consider consulting a legal aid organization or public defender for guidance.Full Conversation
I waqs recently charged with * felony counts of violation of Ca Penal Code * alleging Animal cruelty. during this process I was arrested and never served a Post-Seizure hearing notice and was incarcerated prior to notice both in violation of *.* f this applies to my case correct?
Hello Jonathan,
It sounds like you're dealing with a serious situation. I understand that you believe your rights under California Penal Code *.*(f) were violated. Could you provide more details about the timing of your arrest and when the seizure occurred? This will help clarify your case.
It sounds like you're dealing with a serious situation. I understand that you believe your rights under California Penal Code *.*(f) were violated. Could you provide more details about the timing of your arrest and when the seizure occurred? This will help clarify your case.
The seizure occured over a 2 day period. The first on one afternoon and the second the next day. The warrant was issued on the first day but I was not arrested until the second day. Less than * hrs between seizure of the first dogs and my arrest
Thank you for the details, Jonathan. Here’s some general information regarding California Penal Code Section *.*(f):
- An owner is entitled to a post-seizure hearing within * hours (excluding weekends and holidays) after the seizure.
- A notice of the right to a hearing should be provided at the time of the seizure or as soon as practicable.
Do you recall if you received any notice regarding the hearing after the seizure?
- An owner is entitled to a post-seizure hearing within * hours (excluding weekends and holidays) after the seizure.
- A notice of the right to a hearing should be provided at the time of the seizure or as soon as practicable.
Do you recall if you received any notice regarding the hearing after the seizure?
I received No notice on either seizure. I was told that they left * at the residence for the first animals but none on the second animals and and no notice was given to me prior to commencment of criminal proceedings. to this day Ive recieved no notice in spite of the same deputies being the ones to arrest me the following evening
Hello Jonathan,
Based on what you've shared, it appears that your rights under California Penal Code Section *.*(f) may not have been fully observed. Here are some key points:
- You are entitled to a post-seizure hearing within * hours (excluding weekends/holidays) after seizure.
- A notice of the right to a hearing should be provided at the time of seizure or as soon as practicable.
Have you consulted with an attorney about this situation?
Based on what you've shared, it appears that your rights under California Penal Code Section *.*(f) may not have been fully observed. Here are some key points:
- You are entitled to a post-seizure hearing within * hours (excluding weekends/holidays) after seizure.
- A notice of the right to a hearing should be provided at the time of seizure or as soon as practicable.
Have you consulted with an attorney about this situation?
i dont have an attorney. Didnt the deputies violate the law since it says prior to commencing criminal proceedings a post seizure hearing notice must be given and is the ca case law carrera applicable
Hello Jonathan,
It seems you have concerns about the deputies' actions and how they relate to your rights under California law. Here is some general information:
- California Penal Code *.*(f) requires that a notice of the right to a post-seizure hearing be given at the time of the seizure or as soon as practicable.
- You are entitled to a post-seizure hearing within * hours, excluding weekends and holidays.
- The case law "Carrera v. Bertaini" may be relevant as it addresses issues of due process in animal seizure cases.
Have you considered seeking advice from a legal aid organization or public defender's office? They could provide more specific guidance based on your situation.
It seems you have concerns about the deputies' actions and how they relate to your rights under California law. Here is some general information:
- California Penal Code *.*(f) requires that a notice of the right to a post-seizure hearing be given at the time of the seizure or as soon as practicable.
- You are entitled to a post-seizure hearing within * hours, excluding weekends and holidays.
- The case law "Carrera v. Bertaini" may be relevant as it addresses issues of due process in animal seizure cases.
Have you considered seeking advice from a legal aid organization or public defender's office? They could provide more specific guidance based on your situation.
Im trying. What id like to know precisely is if the part of the *.* f code that states notice must happen prior to commencing criminal proceedings relevant since I was arrested without any notice at all and isent this a violation of the law itself
Hello Jonathan,
Based on California Penal Code *.*(f), the notice of the right to a post-seizure hearing should be given at the time of seizure or as soon as practicable, before commencing criminal proceedings. This seems to be a potential violation if you were not given notice. Consulting a legal aid organization or public defender can help you address this issue.
Would you like more information on how to contact these resources?
Based on California Penal Code *.*(f), the notice of the right to a post-seizure hearing should be given at the time of seizure or as soon as practicable, before commencing criminal proceedings. This seems to be a potential violation if you were not given notice. Consulting a legal aid organization or public defender can help you address this issue.
Would you like more information on how to contact these resources?
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