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What are your rights when your animals are seized?

I have been getting a lot of search terms along the lines of seized animals being forfeited.

Just because the govt has seized your property or animals does NOT give them clear title to them. There is this pesky little sentence in that thing called the U.S. Constitution & in most state Constitutions that says:

Article 3- Clause 2. No Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

The govt can seize your property but there is a definitive process they need to go through to hold clear & legal title. I suggest that if your property & your animals in property have been seized you IMMEDIATELY petition the courts for their return & file a UCC lien on them

Many times a prosecutor or your public pretender will tell you that if you give up your animals you’ll get a lighter sentence or they will cut you a plea deal ONLY because it makes it easier on them to seize your property without having to go through the proper channels. They get to score one for their win/loss ratio, they get to soak you for money for the next 2 to 5 years, & you keep about 20 people employed.

Most people are terrified & don’t have any real representation from a caring concerned lawyer & don’t have the money to get one so you are automatically nothing but a piece of shit in their eyes, they feel they can talk to you any way they want to, treat you however they want & do whatever they want. They have also forgotten somewhere along the line that they are PUBLIC SERVANTS, which basically mean they work for us, but the truth is they don’t & they won’t.

Just because they have them doesn’t mean they own them until they go through a Judicial Process to get the full title, also keep in mind that even if a dipstick Municipal Judge orders forfeiture you can appeal that decision to a Superior Court Judge & if they say no you most definitely can take that to the State Appellate Court, as forfeiture is a matter of Constitutional magnitude & therefore will be heard by the higher courts. (Oh & YES your attorney is required to represent you in this matter, or they need to assign counsel who is able & qualified to handle the matter)

The biggest thing is that they HAVE to bully you, to get the win & save the money. If you are talking about a car then sometimes it is easier to just walk away, but if you are talking about an animal then grow a pair & fight with all of your might for them, we are talking about creatures who would die for you, gladly, willingly & without a second thought, so the least you can do is show them a little of the same loyalty.

Just remember it is their job to convince you to do things their way to make all of their jobs easier: Don’t fall for it. No one fights back so they now firmly believe they are above the law & can whatever they damn well please.

I can’t give you legal advice but I can tell you about common sense & decency, even loyalty. No matter how afraid you are you have a duty & an obligation to fight for the innocent animals, being poor doesn’t excuse you from turning your back on a friend or family member who is helpless & vulnerable

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About Brandia

I am an animals rescuer, a mother, a grandmother, a minister, & a human being who is tired of all the corruption going on in our state.

Discussion

5 thoughts on “What are your rights when your animals are seized?

  1. Yes, there are forfeiture laws however, in many states, they have ‘unconstitutional statutes’ that differ from decent laws to protect and preserve state and US constitutional rights. Regardless, Rover deserves a good fight for his welfare!!!

    Animal Raids are ‘all the rage’ don’t you know…FREE merchandise and FREE advertising, supported by the government and ALL furnished and sponsored by the TAXPAYER’ that buys into this idea that there is a sudden ‘rash of animal abusers’ (-HELLO! What animals don’t get ‘sold’, well that’s easily disposed of…sickening YES!!!-You bet it is…I doubt Rover isn’t t happy!!! HOWEVER..
    Until and Unless taxpayers wake up and demand they stop because there are greater crimes rather than waste time, energy and MONEY on such a passive ‘offense’ (NOT FELONY)…these
    animal seizures will continue to escalate.

    We all love Rover but just how much does it cost with an animal case?!? From start to ‘finish…People are actually jailed while the accuser runs off happy with the results from his phone call; having been awarded the PRIZE. I bet we would see fewer animal seizures if that didn’t happen!!!

    Government sponsored businesses-All are NFP so they may have also applied and awarded government grants!!! Receive tax deductible donations. How about ALL those donations?!? They don’t pay taxes on their earnings and they work at getting those donations…and people to work for FREE…

    Furthermore they usually have contracts as ‘animal control officers’ yet, NOT officers of law enforcement but get law enforcement to help them do ‘the deed’…LEGAL THEFT of property ALL under the color of law!!! Very few wins or return of their property-prosecuted by lay people voted into office -not trained in the law, making decisions on constitutional rights of ownership and usually NO CRIME has actually been committed.
    Animals miraculously ready for adoption.
    I’m not referring to felonious crimes of vicious and intentional cruelty…

    If there was food, water and shelter-Rover reasonably healthy at the time of the ‘assault’ on the animal owner then, there was no crime and no reason to seize, terrorize and prosecute. It’s turned into a real fiasco heightened by the media. Face it…animal control serves is referring to a dog catcher who has found a way to become a hero in the eyes of the public…in reality that’s exactly what we are talking abut…Approval from the public (TAXPAYER) so these raids will continue.

    How about recommending going pro-active ad helping get the reality of what all these frickin’ raids are really about especially since they consider all breeder to be a puppy mill…OMG!!! There’s n end to it…Puppy mills and hoarders…right…sure-WTF?!?

    Time for everyone to pick up the phone and tell mayors and county commissions that these fake animal seizures need to stop. That money better spent elsewhere.

    With all the homeless people and there is a rash of homeless people -often not a thing being done that and actual human suffering…Our society seems to be a bit confused these days…I can only hope that what ALL this costs the taxpayers surfaces and people start demanding for it to stop. Help for people most certainly should come first and it’s not.

    Check out the animal raids in Houston!!! Check out the animal seizure laws in Texas and then read a few cases…the prosecutor can even deny jury trials (how does that equate to protection from false and illegal prosecution without the first citation or petition ever issued and NO crime ever committed!!! Food, water shelter…Tired of seeing healthy happy animals seized.

    BEST -B

    Like

    Posted by topcatsroar | December 5, 2012, 8:49 am
  2. Yes but Houston has the show on Animal Planet… So they have to drum up new episodes for the network.
    Did you see that now they have made “hoarding” a recognized mental illness? I wonder how that is going to work out against pet owners?

    Like

    Posted by finallyhomerescue | December 5, 2012, 8:56 am
  3. LOL!!! Why do you think they have now made ‘hoarding’ a recognized mental illness?!? HSUS, PETA, SPCA,ADLF, ETC (!!!) ahead of the game with a set plan of action…Playing by their rules because their game…with great rewards!!! Heroes my ass…Tears cried…where and when?!? Before or after they steal Rover?!? Before or after they house him improperly and then KILL him needlessly?!?

    Best -B

    Like

    Posted by topcatsroar | December 5, 2012, 10:10 am
  4. Yes well just wait til the true puppy mills start using this for a legal defense. On the other hand now it is a label that can be placed on anyone to abuse their discretion. It is all only going to get worse

    Like

    Posted by finallyhomerescue | December 5, 2012, 12:58 pm

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