Animal Seizure

Have Your Animals Been Taken By The Police?

In the eyes of the law, animals are just another form of property. This means that it is, unfortunately, entirely legal for the government to take animals from you under a number of different circumstances. This is known as an Animal Seizure, and while it is similar to asset forfeiture, the rules and circumstances under which it can occur do differ in principle, as do your legal rights.

As living creatures, your pets do have some legal rights and cannot be treated like objects, but these same rights can sometimes make it harder to get them back. As a result, it is essential to act promptly and contact an experienced animal seizure and asset forfeiture lawyer immediately when one or more animals have been taken.

How Can A Lawyer Help After An Animal Has Been Taken?

Whether the animals seized by law enforcement were livestock, exotic pets, or a financial investment, a lawyer should always be your first call. There are dozens of different laws and procedures under which animals can be seized, and understanding which laws have been used is integral to getting your animal back.

As a lawyer with substantial experience in asset forfeiture law, attorney Arnold Spencer has the necessary familiarity with these laws, both at the state and federal levels, to fight back against an animal seizure.

The recovery process can be complicated, however, and starts with one key step: understanding precisely under which statute(s) your animals have been seized. This is crucial because your options and the timeline for recovering your pet depend on the exact laws and reasons for seizure invoked.

What Animal Seizure Laws Apply In Texas?

As with all asset forfeiture, when the government claims your personal property, animal seizure can occur under four main legal pathways in Texas.

• Criminal Warrant: Under §18.02(10) in the Texas Code of Criminal Procedure, an animal can be taken as evidence in the course of a criminal investigation, particularly if the animal is believed to be related to the illegal activity (for example, illegal dog fighting). The animal is then held as evidence by the court and law enforcement until the criminal case is resolved.
• Civil Warrant: Under §821.022 in the Texas Health & Safety Code, animals can be seized as part of a non-criminal investigation. This is generally even worse for you as the owner, because the statute provides for a hearing on the animal’s fate and disposition within just 10 days.
• Owner Consent: Be careful what you sign. Texas law enforcement does not need a warrant to take animals if they have your written agreement, usually through a “voluntary surrender form.”
• Dire Need: If an officer of the law in Texas sees (from a lawful or public place) an animal that they consider to be in dire need of medical attention or care, they can seize it for its own welfare, even without any kind of warrant.

There can also be seizures under certain federal laws and warrants, which is why having a former federal prosecutor, such as Dallas lawyer Arnold Spencer, on your side can be invaluable.

What Steps Can You Take To Recover Your Seized Animal(s)?

If your animals were taken under a civil warrant, a hearing will be held within 10 days to determine their fate. You need to be at this forfeiture hearing, with a lawyer, to contest the state’s seizure and try to recover your animals.

On the other hand, if an animal was taken as part of a criminal investigation, you could be looking at a much longer legal process, sometimes months or more, during which the state will have to care for your animal.

Your lawyer can check in to make sure they are getting adequate care (or contest the seizure if not), but will not always have any other options for getting your animal returned to you. This is especially true if your animal was directly involved in illegal activities (such as dog-fighting accusations or trafficking suspicions) until the case is closed.

If the state rules against you, your lawyer may be able to appeal the seizure or the verdict. Still, the state may ask you to pay a bond for the animal’s care throughout the appeal process, or risk forfeiting ownership. In theory, this bond is supposed to represent the cost of caring for your animal, but in practice, it could amount to considerably more than you would pay at home, so be sure to set money aside in case.

Has Your Animal Been Seized? Reach Out Today!

The state will often take things with impunity, confident in its authority, even if the “property” they are seizing is living livestock or delicate exotic pets. Such intimidating seizures can seem unstoppable, but legal avenues to reclaim your animals do exist.

Has your pet or livestock been seized by the state? Call attorney Arnold Spencer at  (214) 376-4441 or reach out to his team online to get the help you need today.