Page 12

20028HS

humane society personnel are often familiar with people in the community and are aware of past animal-related complaints. In addition, they usually have (or know of) facilities where seized animals can be held. • Veterinarians Services of a veterinarian who is familiar with the species involved in the complaint is critical to the successful outcome of any cruelty investigation. Veterinarians should be familiar with handling live or dead animals seized as evidence. They should be prepared to testify if necessary. • Stables, fair grounds, farms and ranches Many animal shelters do not have facilities to accommodate large animals and livestock. Find out ahead of time what types of animals they are capable of handling/transporting and sheltering. Become familiar with the stables, fair grounds, farms, and ranches in your area and determine whether they would be receptive to boarding large animals if necessary. The district attorney A prosecutor will consider a number of factors when deciding whether to prosecute an animal cruelty case, including the strength and admissibility of the evidence, the background and history of the offender, the training and experience of the arresting officer, and the recommendations of the arresting officer. For these reasons, you should establish contact with the district attorney (DA) early and maintain it throughout a case. • Ask an assistant DA (ADA) to review your application for a search warrant if you’re involved in a serious or complicated case. The ADA will ensure the warrant is in accordance with the United States Constitution and that of your state. Be sure to consult the rules of criminal procedure for the magistrate, metropolitan and 4 The Humane Society of the United States district courts, as these set forth the procedure for issuance of warrants in your state. • Ensure that the DA’s office is aware of the animals’ conditions as soon as possible after they are seized. Provide copies of all necessary paperwork, reports, photographs and videotapes. • Continue working with the ADA to obtain whatever additional evidence or input is requested after presenting your case to the DA’s office. The DA’s office will decide how to handle the case, usually with input from law enforcement and animal control agencies. • Whether the case ends in a plea bargain or a conviction, ask the ADA to recommend that as part of the sentencing, the person be instructed to surrender the animals to the law enforcement agency or animal control agency involved and pay restitution for the cost of care to any animal control or humane organizations involved in the case. Regardless of the number of animals seized, it is important that the case be resolved as quickly as possible. Housing seized animals for extended periods of time places a significant burden on local animal shelters, and it can be deleterious to the health and well-being of the animals (see Costs/bonding/civil forfeiture/ indemnity provisions). The quality of evidence and witnesses may facilitate a speedy resolution to the case. NOTE: If the DA’s office seems to lack interest in your case, try to determine why. There might be deficiencies in your case, or perhaps prior cases they received lacked sufficient evidence or were not well-documented. Your DA will likely have a more positive response if you are helpful and enthusiastic and can present a well-documented case. Expert witnesses One of the best ways to build a strong animal cruelty case is to support your charges with How to use this field guide


20028HS
To see the actual publication please follow the link above