Do we really need a lawyer?

[annakathleen]

What is the name of your state? Missouri

We live in the county and own a rabbitry. Our neighbors had two dogs, the first dog did about 300.00 damage to our property(no leash law apparently) and killed a rabbit. After that dog dissapeared they got another beagle mix dog. This dog killed atleast two rabbits I could confirm. It was constantly digging into our rabbit barn. It dug holes under the wall. (old barn) A little over 3 months ago I caught it with a rabbit in its mouth. It drug the rabbit off. A month ago, my husband caught it right outside the rabbit barn again and shot the dog. (This comes after several attempts of asking them to chain it up and with the first dog they had actually having the sherrif's dept talk to them about it. They never kept it chained up) After he shot the dog the kid that owned the dog came around the tree line and saw my husband and the dog. My husband told him to take it home. He did. Of course the sheriff's dept arrived and filed a report.(deputy told us not to worry we were in our rights.) A few days ago my husband got a summons to appear in court for arraignment. This is the first action taken against him. He is worrried to death that he is in trouble and wants to take a lawyer with him. We can't afford this at this time and the lawyer wants 500 to appear and file a motion to dismiss, 200 to depose me. The lawyer said to expect about a thousand dollars to go into this. This is crap! All we did was protect our livestock. Here is a Missouri law:
Dogs may be killed, when.
273.030. If any person shall discover any dog or dogs in the act of killing, wounding or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, such person is authorized to immediately pursue and kill such dog or dogs; provided, however, that such dog or dogs shall not be killed in any enclosure belonging to or being in lawful possession of the owner of such dog or dogs.

(RSMo 1939 § 14536)
Prior revisions: 1929 § 12862; 1919 § 4352; 1909 § 856

The dog was shot on our property outside the rabbit barn. Does my hubby really need to spend money we don't have on a lawyer?

[Son of Slam]

Originally Posted by annakathleen

Here is a Missouri law:
Dogs may be killed, when.
... such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, The dog was shot on our property outside the rabbit barn.

Well, so it would seem but, in reality if you entice an animal through its instincts to come onto your property, you must make sure it cannot get there directly from its owners property. If your neighbors property adjoins yours it's time for a lawyer.


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[grasmicc]

He shot someone's dog. In the civilized regions of the country, he'd be looking at jail-time. I find it to be disgusting that you think that his actions were acceptable in these circumstances. The proper way to deal with something like this is to call animal control or to file a civil suit against the owner of the dog.

You need an attorney.

[HomeGuru]

Originally Posted by grasmicc

He shot someone's dog. In the civilized regions of the country, he'd be looking at jail-time. I find it to be disgusting that you think that his actions were acceptable in these circumstances. The proper way to deal with something like this is to call animal control or to file a civil suit against the owner of the dog.

You need an attorney.

**A: did you read the writer's post?

[grasmicc]

They had several legal remedies available for the situation.

Instead of pursuing those, the husband shot the dog. Now he is being brought up on criminal charges... I'm not surprised.

[mycarlb]

Originally Posted by grasmicc

They had several legal remedies available for the situation.

Instead of pursuing those, the husband shot the dog. Now he is being brought up on criminal charges... I'm not surprised.

So, then, if your neighbor's dog had your child in it's mouth, you would simply call animal control and NOT SHOOT IT????

[HomeGuru]

Originally Posted by mycarlb

So, then, if your neighbor's dog had your child in it's mouth, you would simply call animal control and NOT SHOOT IT????

**A: yes, or he would file civil suit against the owner of the dog.

[annakathleen]

First of all, we did go through legal channels. We called sheriff a while back, they talked to them . Animal control refused the situation because we live outside city limits and were told by them to shoot the dog. Their words to me were that if that dog is on my property and I am outside city limits, that's MY DOG AT THAT POINT. If it bit someone, MY PROBLEM. And also, I do not raise meat rabbits, I raise show rabbits that range in price from 50-125 dollars a piece, after my losses and one of my best breeding rabbits, believe me the neighbors will have a lawsuit to replace monies lost from my breeding stock.

[annakathleen]

One more thing, sadly we are going from a "civilized region" to a "non civilized region" real quick. One contributing factor, a law I can easily see going into effect soon, "Do not under anycircumstances protect your property or assets, doing so will be grounds for trial. Allow your wives to be raped and children killed, however, under no circumstances protect yourself or your property."

[Son of Slam]

Originally Posted by mycarlb

So, then, if your neighbor's dog had your child in it's mouth, you would simply call animal control and NOT SHOOT IT????

Of coarse not. It would be cruel not to put the child out of it's misery!

[HomeGuru]

Originally Posted by Son of Slam

Of coarse not. It would be cruel not to put the child out of it's misery!

**A: in deep space nine, it's called reverse "intercoarse".

[Son of Slam]

Originally Posted by needadvice50

Son of Slam: If you're a *Star* member, how do you spell course?

Not what I meant, you ignorant twit. I meant raucous, vulgar, obscene coarse humor. Like killing children. Duh


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[Son of Slam]

Of course, I'm just kiding.

[Son of Slam]

Originally Posted by needadvice50

Don't call me an ignorant twit. You always have something rude to say, can't you take a slam, son?????????????????????

See post above your last.

[Kane]

You shouldn't be shooting people's dogs.

As to the legal situation, find out if it's a jailable offense (one he could be sent to jail for). If it is, he needs a lawyer.

If it's a fine-only offense (one for which he could only be sentenced to pay a fine) he doesn't need a lawyer (although he may wind up needing to pay a fine).

You don't only need a lawyer if you're guilty; the innocent need them too.