Opinions Requested

[70SATMan]

Originally Posted by Groesbeck Hurricane

prosecutor offers "bargain" to admit to allowing dog to roam and bite someone. Does not require proof of intent BUT is considered an infraction similar to a parking violation.

So, it sounds as if you were cited for the dog roaming separately and the dog bit someone. If this is the case then you'll have to deal with that.

I'd tell em to pack sand on the bargain.

Based on everything you've stated I see no way they could prove you knowingly or unknowingly allowed the livestock to roam. You have documentation showing your management of the livestock I presume and if the police incident report mentions cut locks, missing cameras etc,,,,,,

The burden of proof is on the Prosecutor. I'd grill him on the evidence he intends to present to try to persuade him to drop the charges or loose a case in court. He will have to prove you were negligent.

[javadog]

Given that scenario, I'd fight it, no questions asked. That's ridiculous. Should be an easy case to win. I have a hard time believing that a prosecutor is dumb enough to pursue that case. What's the rest of the story? He have a hard-on for you, for some other reason?

JR

[Groesbeck Hurricane]

No dogs were involved in any of the instances to the best of my knowledge. Prosecutor is looking for straws to keep his conviction rate up. I do NOT want to PARF this thread, it is bad enough as it stands.... I do not have the prosecutor's point of view other than conviction rates. I believe the police's point of view is known but it cannot be provided in this forum.

[70SATMan]

Originally Posted by Groesbeck Hurricane

No dogs were involved in any of the instances to the best of my knowledge. Prosecutor is looking for straws to keep his conviction rate up. I do NOT want to PARF this thread, it is bad enough as it stands.... I do not have the prosecutor's point of view other than conviction rates. I believe the police's point of view is known but it cannot be provided in this forum.

So, the dog citations you mentioned being offered to sign off on (plea) are not real?

You have that offer on record? Was that from the Assistant DA or the DA? If on record, I'd take that particular tidbit to the next higher level (States Att. office).

[rusnak]

If your due process is being denied, then your best choice is your area's grand jury. But you'd be sure to be embroiled for years and years and yearrrrrssss

[romad]

You telling us you were not home maybe out of the county or state (which is it) and someone or persons vandalized your property, which lead to the law pressing charges for loose animals and they want you to plead some dog charge against some dog who doesn;t exsist????

We're not getting the whole story here something is missing. Why would they be going thru all this? for some cows that got loose ...really class c felony?

[Tobra]

You really need to be discussing this with your attorney. I would suggest getting this thread deleted.

[Drdogface]

I'm surely with all the rest of the guys...fight it to the max. I would never cop to something I didn't do..even if its cheaper to do so. My good name is worth too much..and so is yours...

[Rikao4]

having followed your post's since your days in TX..
I have an 'picture' of you...
I see you as doing the right thing..
when no-one is looking..
you've raised a great family..
they know,you know..
time to let them know..
if you don't fight this..
you will become a bitter old man..

Rika

[Groesbeck Hurricane]

Originally Posted by romad

You telling us you were not home maybe out of the county or state (which is it) and someone or persons vandalized your property, which lead to the law pressing charges for loose animals and they want you to plead some dog charge against some dog who doesn;t exsist????

We're not getting the whole story here something is missing. Why would they be going thru all this? for some cows that got loose ...really class c felony?

You are getting the gist of the story: Person owns property. While person is out of state or out of county (all instances happen when owner is away) property is vandalized leading to police responses. Prosecutor is demanding property owner plea guilty to their dog being loose and biting someone (dogs were never loose, never bit anyone, and were never involved in any of the instances).

Yep, prosecutor was pushing for felony charges for being the victim of vandalism resulting in the release of their livestock. As it stands, misdemeanor charges for being the victim.

Believe it or not, this is the whole story short of who property owner believes is responsible which cannot be gone into publically.

[GWN7]

I remember the story from before. I thought you were going to put up cameras?

[RWebb]

if you sign off on a made-up violation, then technically you are guilty of making a false stmt. to a police officer

reread tobra's advice above & get an attorney

[Groesbeck Hurricane]

Cameras put up, some missing. A good system to transmit from 1/2 mile away is too much money...


Oh, case is now scheduled for dismissal.


Just wanted some thoughts to pass on, thanks.

[fxeditor]

Is "this person" able to prove they were out of the state/country when the crime was committed? If so it seems like there really isn't any way the charges mentioned would stand up in court! Am I missing something?

Whatever you decide (I personally would fight like hell) I wish you the best of luck.


Michael

[70SATMan]

Originally Posted by Groesbeck Hurricane

While person is out of state or out of county (all instances happen when owner is away) property is vandalized leading to police responses.

Sounds like it's time to set up a sting OP. The price of an unused airline ticket would be worth the satisfaction of personally filming the azz whole.

[cashflyer]

Originally Posted by Groesbeck Hurricane

Prosecutor is immune to such a suit as is the sherrif and county per state statutes.

I believe what you are referring to is "qualified immunity". AFAIK, qualified immunity does not shield any of them if they have violated a constitutional right, acted outside of law in the performance of their duties, or acted with willful negligence.
Disclaimer: I am not an attorney, and did not stay at a Holiday Inn Express recently.