linda040899
11-05-2006, 10:29 PM
From Jean Pattison, crossposted with permission:
How many of you hold a Florida Fish and Wildlife Conservation Commission (FWC) license for Class III animals? How many of you think FWC is the only governing body you have to answer to?
Well, think again!
Our Florida Statutes state that any law enforcement officer that witnesses or think they witness animal cruelty, neglect, or abuse of any animal - even exotics - has the authority to call any recognized agency (such as Animal Control, SPCA, HSUS or even a private “animal rescue†facility) to confiscate your animals. ALL your animals!
Once the confiscation is under way, these agencies automatically notify the media, including television crews, to film and report the raid and seizure. Photographs and videos are taken of people's homes and living conditions. YOURS, OURS, THEIRS -- we are all treated the same -- Guilty until proven innocent! This is standard operating procedure.
Many counties publicly post the details of your arrest (in newspapers and on the Internet) including your mugshot, making sure that everyone knows you were charged with animal cruelty. You may be forcibly handcuffed and taken to jail to be booked, with neighbors and passerbys looking on. A simple citation to appear is all that is necessary. In other words, you will be treated like a criminal and intentionally humiliated.
Once the animals are confiscated, the animal control agency will file for possession of your animals. This will be a civil hearing and defendants are not afforded a public defender. The defendant must pay for an attorney. The confiscating agency does not have to prove cruelty or abuse. The defendant must prove they are worthy to have their animals returned to them. The case is reported as an ongoing investigation. The defendant is not allowed to address criminal charges because that i! s a separate case from the civil forfeiture hearings.
A common trick of the prosecution in animal forfeiture cases is to indefinitely postpone (by moving up the hearing dates) of both the forfeiture hearing and criminal trial - should a person's case go that far. This delay tactic forces attorney fees and boarding fees to increase to the point that few people could wage a successful lawsuit. In the meantime, the animals languish in shelters and warehouses. They have suffered shock, change in diet, changes in their environment and often cruelty at the hands of their "saviors." Once the defendant runs out of money, their animals are auctioned off, given away, adopted out and sometimes euthanized.
If the defendants wins their case, they owe astronomical boarding and feed bills. We have no accounts showing that anyone has ever won this type of case.
You think this can’t happen in America? Think again!
If you care about this abuse of legalized stealing, become educated. Read our Animal Cruelty Statutes at: http://tinyurl.com/t7x3p (http://www.cfebs.com/postoffice/lt/t_go.php?i=356&e=bHV2YmlyZEBtaW5kc3ByaW5nLmNvbQ==&l=http://tinyurl.com/t7x3p)
How many of you hold a Florida Fish and Wildlife Conservation Commission (FWC) license for Class III animals? How many of you think FWC is the only governing body you have to answer to?
Well, think again!
Our Florida Statutes state that any law enforcement officer that witnesses or think they witness animal cruelty, neglect, or abuse of any animal - even exotics - has the authority to call any recognized agency (such as Animal Control, SPCA, HSUS or even a private “animal rescue†facility) to confiscate your animals. ALL your animals!
Once the confiscation is under way, these agencies automatically notify the media, including television crews, to film and report the raid and seizure. Photographs and videos are taken of people's homes and living conditions. YOURS, OURS, THEIRS -- we are all treated the same -- Guilty until proven innocent! This is standard operating procedure.
Many counties publicly post the details of your arrest (in newspapers and on the Internet) including your mugshot, making sure that everyone knows you were charged with animal cruelty. You may be forcibly handcuffed and taken to jail to be booked, with neighbors and passerbys looking on. A simple citation to appear is all that is necessary. In other words, you will be treated like a criminal and intentionally humiliated.
Once the animals are confiscated, the animal control agency will file for possession of your animals. This will be a civil hearing and defendants are not afforded a public defender. The defendant must pay for an attorney. The confiscating agency does not have to prove cruelty or abuse. The defendant must prove they are worthy to have their animals returned to them. The case is reported as an ongoing investigation. The defendant is not allowed to address criminal charges because that i! s a separate case from the civil forfeiture hearings.
A common trick of the prosecution in animal forfeiture cases is to indefinitely postpone (by moving up the hearing dates) of both the forfeiture hearing and criminal trial - should a person's case go that far. This delay tactic forces attorney fees and boarding fees to increase to the point that few people could wage a successful lawsuit. In the meantime, the animals languish in shelters and warehouses. They have suffered shock, change in diet, changes in their environment and often cruelty at the hands of their "saviors." Once the defendant runs out of money, their animals are auctioned off, given away, adopted out and sometimes euthanized.
If the defendants wins their case, they owe astronomical boarding and feed bills. We have no accounts showing that anyone has ever won this type of case.
You think this can’t happen in America? Think again!
If you care about this abuse of legalized stealing, become educated. Read our Animal Cruelty Statutes at: http://tinyurl.com/t7x3p (http://www.cfebs.com/postoffice/lt/t_go.php?i=356&e=bHV2YmlyZEBtaW5kc3ByaW5nLmNvbQ==&l=http://tinyurl.com/t7x3p)