New Years 2012, DUI, & Employment-Georgia

It has been a difficult 2011 for those seeking employment.  I am thankful that I have been and continue to go to work every day and help those in need of legal advice.  My prior  blog discussed drinking and driving, but with New Years fast approaching,  I feel DUI is a topic of which humans need frequent reminders as to the havoc this behavior brings to not only the arrested person but to that person's family as well.  Only too often we at Morgese Law Firm hear "but I only had 1 or 2 drinks;" "I just pulled out of my driveway,"  "I was driving straight home from the bar," "I wasn't swerving."  And the majority of arrest reports for DUI's contain the verbiage "observed vehicle crossing the center line," "observed vehicle crossing over the outside line,"  "failure to stop at stop signal," and "failure to use turn signal." If you are stopped by the police for DUI, you will likely be asked to take a "breath test," which measures one's blood alcohol content.  A reading above the legal alcohol limit in Georgia (.o8) could get you arrested for DUI.    You could also be asked to perform tests which the officer utilizes to document your arrest for DUI.  For example, balancing tests; ability to recite the alphabet; ability to describe the date, time and your location; or, ability to respond to commands.  These tests are done at the place of your vehicle stop--all within sight of passing motorists, and sometimes, even by people you know--from your neighborhood, from your place of employment, from your church.     An arrest and ultimate conviction for DUI can place your employment and your family's financial future, in jeopardy.  We have seen clients threatened with employment termination or even terminated following an arrest for DUI.  In Georgia, your license can be surrendered at arrest.  The Officer will give you a Form 1205, which would allow you to temporarily drive for 30 days.  If given a 1205, you will then have 10 business days to request an administrative hearing, which is held before a judge.  It is advisable to have an attorney represent you at this hearing and at any further court proceedings.   Thus,  if you get arrested for DUI, you should immediately contact an attorney who can advise you on your rights and possible defenses to the stop of your vehicle, defenses to the testing the officer conducted,  and , investigate whether any of your rights were violated,  all of which could play a vital part in keeping your driving privileges, and your job.  MORGESE LAW FIRM prays that you have a safe and Happy New Year.

Tuck the Law Dog
http://criminallawyercherokeecobb.com
http://tuckthelawdog.wordpress.com

DUI, Christmas, Hanukkah, and New Years

The Holidays are here.  And, each year our law firm notes a rise in DUI arrests.  Please, Don’t Drink and Drive, make sure to have a Designated Driver, or just stay home.   And, if you stay home and consume alcohol to the point of intoxication, you are advised to not go sit in your car parked in your driveway or in the street, because a police officer who observes someone appearing passed out or in distress in a parked car, could question you.   If you appear to be inebriated and are behind the wheel, you could be cited for DUI, even though you had not been driving, as the Officer may decide that you had been driving your vehicle!
Morgese Law Firm in Woodstock, Georgia, wants you to have a safe and joyous Holiday Season.  However, if you need to consult with an attorney, our Firm does offer a no-cost initial consultation.
And, watch out for all my furry friends on the roadways.
Merry Christmas,  Happy Hanukkah, and, Happy New Year to y’all!
Tuck the Law Dog
http://criminallawyercherokeecobb.com
http://tuckthelawdog.wordpress.com 

Atlanta Humane Society

Tuck the Law Dog is going to the grand opening at the Atlanta Humane Society Mansell Road Alpharetta Georgia location today!   Santa will be there.

See ya'll there,

Tuck the Law Dog

http://tuckthelawdog.wordpress.com/

http://criminallawyercherokeecobb.com/

THANKSGIVING 2011

I am Thankful that my Mom and Dad adopted me from the Shelter.
I am thankful that there are no-kill shelters for dogs and cats.
I am thankful for all the nice people that come to our law office every day and let me sit on their lap.
I am thankful and grateful that I have food and a warm place to live.
I am thankful for my grandma, aunts, uncles and cousins.
I am thankful for the champions of animal rights.
I am thankful that I have no fleas.

Happy Thanksgiving, ya'll,

Tuck the Law Dog

Morgese Law Firm
http://criminallawyercherokeecobb.com

http://dogswithblogs.com.au

http://tuckthelawdog.wordpress.com

DOGS-CARS-INSURANCE-LIABILITY...and a Leash

While doing some research to, I came across a story (albeit over a year old) about a dog that allegedly had been let out for  his usual evening run.  According to the story, the dog apparently ran into the street, was struck by a motor vehicle, and died at the scene.  The dog's family  was upset that the driver's motor vehicle insurer wanted them to pay for the damage to the driver's car (the driver was not cited, as it was dark and the dog had darted out and the driver could not avoid the accident).   The dog's family believe that the insurer was being unsympathetic and callous, and without a heart.  The "comments" from reader's to this story were divided between their support for the family vs. the insurer.   One person described the insurer as being at fault for being a "big corporation" and how dare this "big corporation" come after this family in its time of grief.  Practicing "plaintiff's personal injury" I am often at odds with insurance companies.  However, I find myself siding with this insurance company.  The dog was allowed to run, at night, unleashed.  It is not unexpected that a dog (even myself) or a child will run out into the street without looking (I  tend to get distracted when I see a squirrel-and thus, on my walks find myself tied to my Mom).  Parents and pet parents have a moral, ethical and legal duty to insure the safety of their pets and children, and can and must be held accountable for damages the children or pets cause.  I feel the anguish this dog's family must have felt--but I feel a much, much greater sorrow for the dead dog lying in the street, a beautiful dog who would still be alive but for the lack of a leash.  Obey your local ordinances and keep your dog leashed.

Take care, ya'll,

Tuck the Law Dog

http://wwwgeorgialaw.blogspot.com/

http://tuckthelawdog.wordpress.com/

Tuck can also be found at:  http://dogswithblogs.com.au/

and at Technorati   "Tuck the Law Dog" 

VETERAN'S DAY

This year, Veteran's Day spews forth many emotions--I am proud of my relatives that have served in the armed forces, proud of America,  heartfelt thanks to all those that have served this country, proud of our Stars and Stripes, proud to say the  Pledge of Allegiance, grateful to have free speech, to chose my religion, to chose my political party, fortunate to have the opportunity to work hard, study hard, and party hard.  Proud that America was made strong by a belief in capitalization, the belief that you can work as much or as little as you want, and make as much or as little money that you desire.  America's Veteran's fought and many, many, many gave their  lives fighting for their, your, and my freedoms; for making us feel safe and secure in our homes.   I feel very, very sad when I think that what our Veteran's have stood for may have been for naught, because it seems that many people have forgotten what this country stands for, and, instead have become self-centered, lazy, and want the government to give them hand-outs, and lack an appreciation for those serving today in the Armed Forces.  Those "willing to be told what to do by the government" persons believe corporations are "greedy", that the "rich" should be taxed more, that we should not be fighting for our freedoms, that flying our flag or saying the Pledge of Allegiance is not "politically correct."     Shame on these spineless, weak, and ignorant people (I can't even speak the word "Americans" to describe them).    I pray that they attend a memorial service tomorrow, November 11, 2011, and express greatfull thanks to America's Veteran's--that they go up to a Veteran and say "thanks."

Thank you, ya'll       

Tuck the Law Dog

DOGS WITH BLOGS

Tuck the Law Dog is  proud to be featured on dogswithblogs.com.au
 and on Technorati.



Thanks, ya'll.

Tuck the Law Dog

ANIMAL ABUSE OFFENDER REGISTRY LAW, ALBANY, NY!!

Albany County, NY, has created legislation requiring a registry for convicted animal abuse offenders, 16 years of age and older. First-time offenders will appear on the registry for 10 years and will be banned from buying, adopting or having possession of an animal during  those ten years.  Animal shelter, pet stores or breeders must check this registry prior to adopting out or selling a pet.  See this article for additional information:
http://www.timesunion.com/default/article/County-law-targets-animal-abusers-2214124.php

Thank you people of Albany, NY.

Tuck the Law Dog

Tuck the Law Dog -- at Wordpress 

Georgia Law (Dog) - The Musings of a Legal Beagle: DOGS, LSD and OSCAR

Georgia Law (Dog) - The Musings of a Legal Beagle: DOGS, LSD and OSCAR: On or about November 1, 2011, a couple in Snellville, Gwinnett County , Georgia, were observed by their neighbors running naked through ...

DOGS, LSD and OSCAR

On or about November 1, 2011,  a couple in Snellville, Gwinnett County,  Georgia,  were observed by their neighbors running naked through the street.  It was reported that they admitted to authorities that they had ingested LSD.  It  was also reported that the couple initially told the police that they also gave LSD to their dachshund, Oscar.  While this couple was running through the street, Oscar somehow escaped from the house, (door left open?), ran into the street, and was hit by a car.  Oscar had to be put down due to his injuries.   The couple has now made an appearance, with their attorney,  on the local TV nightly news, and they admitted to taking the LSD, but denied giving any to their dog, and denied even stating to the police that they had given LSD to Oscar.   Thankfully, the authoorities are conducting an autopsy on Oscar, to determine if he had been given LSD.  If LSD is found, this couple could (and should) face animal cruelty charges.  LSD didn't kill Oscar, nor did the car that hit him--these two people killed Oscar.

R.I.P. Oscar, you deserved better owners.
Take care, ya'll,

Tuck the Law Dog
wwwgeorgialaw.blogspot.com
http://tuckthelawdog.wordpress.com/

Georgia Law (Dog) - The Musings of a Legal Beagle: Death Penalty for Dogs

Georgia Law (Dog) - The Musings of a Legal Beagle: Death Penalty for Dogs: Tuck the Law Dog is and will continue to be a champion of animal rights and animal safety. Today, however, I want my readers to be aware of...

Death Penalty for Dogs

Tuck the Law Dog is and will continue to be a champion of animal rights and animal safety.  Today, however, I want my readers to be aware of a vicious dog attack that occured recently in Forsyth County, Georgia, for which I will provide a link.  Two Pit Bulls (they just happen to be the breed of dog I am referring to in this incident, and in no way am blaming the Pit Bull breed in intself, 'cause I know some very sweet tempered lovable Pit Bulls)  apparently broke out of the basement where their owner kept them
(that in itself appears cruel) went into the pasture next door, and viciously attacked a horse.  The pictures of this poor horse are so sad and pitiful--it's face and legs chewed to shreds.  The horse had to be put down.
Just as human criminals that are sentenced to death for their egrigious, vicious and sadistic crimes, regretably, so should these two dogs be put down for what they did to that horse.  I say regretably, because a large part of the blame for what these dogs did ultimately is the result of their treatment and the living conditions inflicted upon them by their owner(s).   I do not buy the excuse  some criminal use to mitigate their crimes by claiming that their behavior is a result of abuse by their parents--most humans can make logical decisions,  and know right from wrong, and choose to commit crimes.  These dogs, could not reason like a human, and due to abuse by their owner,  will likely harm another creature if allowed again to be free.  It is very sad.  I can't get the pictures of that poor horse out of my head, nor the thought that two dogs should be put down due to an uncaring owner.  May that lovely horse rest in peace. 
This story can be found at: 
http://www.forsythnews.com/section/6/article/10478/

Pit Bulls Kill Horse  http://www.forsythnews.com/section/6/article/10478/

Take Care,

Tuck the Law Dog

Morgese Law Firm - Criminal Defense - Georgia

Morgese Law Firm - Criminal Defense - Georgia

Morgese Law Firm - Criminal Defense - Georgia

Morgese Law Firm - Criminal Defense - Georgia

Morgese Law Firm - Criminal Defense - Georgia

Morgese Law Firm - Criminal Defense - Georgia

Georgia Law (Dog) - The Musings of a Legal Beagle: Disgusting Animal Abuse Case-Kern County, Calif.

Georgia Law (Dog) - The Musings of a Legal Beagle: Disgusting Animal Abuse Case-Kern County, Calif.: Taken from the Animal Legal Defense Fund website--Send a letter to the District Attorney: See info below! This happened on or about August 3...

Disgusting Animal Abuse Case-Kern County, Calif.

Taken from the Animal Legal Defense Fund website--Send a letter to the District Attorney: See info below! This happened on or about August 31, 2011.

Dog's Severed Leg Amputated -- Charges Pending

(Kern County, CA) Discovered by animal control agents on the evening of August 31, 2011, the mutilated black lab mix named "Onyx" remains in guarded condition after extensive amputation surgery. Alberto Castenada and Maria Banuelos have been charged with felony animal cruelty for allegedly severing the dog’s leg and allowing the gross injury to go untreated.

Particular thanks go to Kern County Animal Control and Friends of the Kern County Animal Shelters Foundation – their cooperative efforts in the face of such an immediate need are to be commended.

Take Action!

Complete the form to the right to send a polite letter to the Kern County District Attorney, encouraging vigorous prosecution of the case, with a strong and meaningful sentence sought upon conviction. If you are a registered voter in Kern County, California, please include that information in your letter.

Local residents are encouraged to support the prosecution by attending the court proceedings. Both defendants are currently scheduled to appear at a preliminary hearing on September 13, 2011. (Always contact the Court to confirm court dates and locations as they are subject to change.)

Clerk of the Kern County Superior Court
Arvin/Lamont Branch
12022 Main Street
Lamont, CA 93241
661-868-5393
www.co.kern.ca.us/courts/crim_index_case_info_cal.asp
Case #s:
LF008820A - Alberto Castenada
LF008820B - Maria Alamillo Banuelos


Subject:

Your Letter:
Alberto Castenada and Maria Banuelos of Kern County have been charged with felony animal cruelty for allegedly severing a dog's leg and allowing the gross injury to go untreated. The mutilated black lab mix named "Onyx" remains in guarded condition after extensive amputation surgery.

There is no place for such sadistic abuse in a civilized society. Please send a clear message to the Kern County community that animal abuse is illegal and will not be tolerated. Please prosecute Castenada and Banuelos to the fullest extent of the law, and seek a meaningful sentence upon conviction.

Send e-mails to: (see Legal Defense Fund website for more info)
The Honorable Lisa Green, District Attorney
Kern County
1215 Truxtun Ave.
Bakersfield, CA 93301
-------------------
Take care my friend Onyx--I pray you have a speedy recovery.

Tuck the Law Dog

wwwgeorgialaw.blogspot.com

Animal Cruelty Case Huron County, OH, Norwalk

Excerpts  from Article from the “Norwalk Reflector”:Dog beaten to death; 2 teens charged
1. Cary Ashby , 10:48 PM, Aug 29, 2011

Kane M. Ortman, 19, of 3702 DeRussey Road, Collins, and Aaron M. Friel, 18, of South Amherst, are charged with animal cruelty in connection with an incident between Aug. 16 and 17.
"Rocky was the name of the dog. ... Rocky was about 2 years old," Norwalk Assistant Law Director T. Douglas Clifford said. "I believe he was full grown." Clifford filed the first-degree misdemeanors against each suspect Thursday in Norwalk Municipal Court on behalf of the Huron County Dog Warden's Office, which is handling the investigation.  An area woman left Rocky temporarily with Ortman because she had to move, Clifford said. "Kane was going to keep the dog for a little while and someone was going to take ownership of it (later)," he explained. Clifford said the investigation indicates that Ortman had Rocky anywhere from one day to one week before he and Friel reportedly beat the dog to death with a shovel.
When asked about a motive for killing the dog, Clifford said the investigation indicates one of the suspects said one of them was abusing Mucus Relief PM. "The story is they were abusing substances. The original allegations were cocaine, but a person in the know said it was cough syrup," Clifford said.  Clifford was asked about Friel's involvement.  "He was at Kane's residence when it happened," the prosecutor said.
The dog originally was buried on Ortman's property. Ousley said the carcass will be held at the dog warden's office as evidence until the case is closed. Ousely said this is the first time in his eight years with the office he's heard of a dog being beaten to death with a shovel.  The animal cruelty charge isn't Ortman's first brush with the law.    He faced two counts of possession of drugs stemming from a July 10, 2010 incident investigated by the Wakeman Police Department. Municipal court records further show there were two similar charges filed in connection with an Oct. 6, 2010 offense also handled by Wakeman police.
In May, Ortman was sentenced to two years of probation and ordered to perform 20 hours of community service for a theft conviction for a May 8 incident at Walmart.  The animal cruelty charge is the only criminal charge listed for Friel in Norwalk Municipal Court.   Ortman and Friel each face up to six months in the Huron County Jail and a maximum fine of $1,000.

***Tuck's NOTE:  The court website and other news stories indicate Friel turned himself in and has a court date in September. *** Neither has yet been convicted of any crime for the killing of Rocky.

Voice your opinion to the Prosecutor that brought the charges: asstlawdir@accnorwalk.com

Rocky, may you be over the Rainbow Bridge and be happy, safe and free from cruel people!

Tuck the Law Dog

Georgia Law (Dog) - The Musings of a Legal Beagle: Dogs and Pick-up Trucks and the Law

Georgia Law (Dog) - The Musings of a Legal Beagle: Dogs and Pick-up Trucks and the Law: Dogs should never, never, ride in an open pick-up truck bed, loose nor tethered. That's basically the message I want ya'll to hear, and I ...

Dogs and Pick-up Trucks and the Law

Dogs should never, never, ride  in an open pick-up truck bed, loose nor tethered.  That's basically the message I want ya'll to hear, and I really shouldn't have to say more.  Unfortunately, there are still thoughtless and indifferent pet owners who think it is "cool" to have their dogs ride in the bed of the truck.  It's not "cool" nor is it safe.  If the vehicle has to suddenly stop, a loose dog will go flying out of the bed, and a tethered dog  could hang himself or be severely choked while flying out of the bed.  Or, a dog could see something that attracts his attention  and the dog decides to jump out of a moving vehicle to go chase it.  I was behind such a vehicle last night on the way home from work.  Two dogs were running loose in the bed of the truck, this truck traveling down the highway at over 45 miles an hour.  I exited the highway pray that these two beautiful dogs made it "home" safe--I must question the type of treatment they receive at "home" from such an indifferent, thoughtless, and yes, ignorant person.  While the enactment of an ordinance or law could help diminish this type of behavior, I like think that we could do with a few less laws, and a lot less ignorant, thoughtless people.  Stay safe, my four-legged friends.

Take care, ya'll,

Tuck the Law Dog

MORGESE LAW FIRM - LEGAL SERVICES

MORGESE LAW FIRM - LEGAL SERVICES

Georgia Law (Dog) - The Musings of a Legal Beagle: Rabid Dog in Cherokee County GA Exposes 11

Georgia Law (Dog) - The Musings of a Legal Beagle: Rabid Dog in Cherokee County GA Exposes 11: "As reported in the local news: On July 1, 2011, eleven people (two of which were reported to be the dogs owners) from Cherokee County and n..."

Rabid Dog in Cherokee County GA Exposes 11

As reported in the local news: On July 1, 2011, eleven people (two of which were reported to be the dogs owners)  from Cherokee County and nearby counties had to undergo treatment for exposure to rabies.  Why???  The dogs owners failed to vaccinate their dog against rabies.  Apparently the dog bit its two owners, which then exposed the 9 other people that were at the home to include the dog owner's children and out of county visitors.  This dog died a horrible death suffering from rabies.  This dog is reported to have also bitten a pig, which then had to be euthanized.  Tuck's reader's know that Tuck is against over vaccinating dogs--but that he strongly supports getting dogs vaccinated for rabies.   Rabies vaccinations are sponsored in Cherokee County at Pet Stores, private pet foundations and organizations, and at county supported events, often for a minimal fee usually averaging $7 to $10 dollars.  Events are even offered whereby neither you nor your dog have to get out of your car, you just "drive thru" and your pet can be vaccinated at this minimal cost.  Tuck understands that there are families that cannot afford to pay for a vet visit and a vaccination, which normally runs about $75 - $80 dollars.  However, if you can afford a cell phone or cable TV, then there is no reason you cannot pay $7 to $10 for a rabies vaccine!  If not, then you should not take on the responsibility of bringing a dog into your life.    This failure to expend $7 - $10 has resulted in pain and suffering for this dog, loss of life for this dog and the pig, and pain and suffering and probably extensive medical bills for this family and their friends for  undergoing rabies treatment.  Please make sure your dog has a rabies vaccine.  If you are as concerned as Tuck is about over-vaccinating, you can ask your vet for a Titer test, keeping in mind that Georgia Law requires a rabies vaccine at least every three years. 

Take Care, Ya'll,

Tuck the Law Dog

Georgia Law (Dog) - The Musings of a Legal Beagle: ANOTHER ANIMAL CRUELTY CASE IN COBB COUNTY GEORGIA...

Georgia Law (Dog) - The Musings of a Legal Beagle: ANOTHER ANIMAL CRUELTY CASE IN COBB COUNTY GEORGIA...: "COBB COUNTY, Ga. -- After miraculously surviving being stuffed in a burning oven, Melody, a 20-month-old pit bull mix puppy, is recovering ..."

ANOTHER ANIMAL CRUELTY CASE IN COBB COUNTY GEORGIA

COBB COUNTY, Ga. -- After miraculously surviving being stuffed in a burning oven, Melody, a 20-month-old pit bull mix puppy, is recovering smoothly.   Gary Moore Jr., 25, of Cobb County, was charged with felony animal cruelty under a new statute in connection with the incident.  Moore appeared in court and asked that his bond be reduced so he could be released from jail. Detective Steve Nolan testified in court that Moore confessed to putting Melody in a hot oven, saying the puppy had reminded him of an estranged boyfriend.   “Their relationship was not going forward and at that point he grabbed the dog, placed it in the oven, closed the door and held the oven door shut for a period of a few seconds.”

Moore told the detective he released Melody when she began howling, but did not seek medical treatment for her. His roommate took her in four days later. Judge Frank Cox granted Moore a lower bond under the condition that he move in with his mother, and not live near any animals. So Moore got his bond lowered and bonded out.
If I, Tuck The Law Dog, was the Judge, I never would have lowered Moore's bond--he doesn't deserve freedom--he deserves to be put in a hot oven, let out, and refused medical treatment!   Please, please email the District Attorney, Cobb County, Georgia;  the Solicitor General of Cobb County, Georgia,  letting them know you are keeping an eye on this case and to make sure this 25-year old poor excuse for a human being, if found guilty,  gets the maximum punishment.   
I feel so much pain and hurt for little Melody--I wish you a speedy recovery, my friend.
**Moore has not been found guilty  nor convicted of any crime at this time, and has only been charged.


Tuck the Law Dog


Email your support for Melody to:
cobbda@cobbcounty.org
barry.morgan@cobbcounty.org

Georgia Law (Dog) - The Musings of a Legal Beagle: MORGESE LAW FIRM - LEGAL SERVICES

Georgia Law (Dog) - The Musings of a Legal Beagle: MORGESE LAW FIRM - LEGAL SERVICES: "MORGESE LAW FIRM - LEGAL SERVICES http://morgeselawfirm.weebly.com Check it out! Tuck the Law Dog"

MORGESE LAW FIRM - LEGAL SERVICES

MORGESE LAW FIRM - LEGAL SERVICES

http://morgeselawfirm.weebly.com

Check it out!

Tuck the Law Dog

Georgia Law (Dog) - The Musings of a Legal Beagle: HOT DOGS and HOT TIMES IN THE SUMMER

Georgia Law (Dog) - The Musings of a Legal Beagle: HOT DOGS and HOT TIMES IN THE SUMMER: "It's been in the 90's here in the south for the past few days. So once again, it's time for that annual warning to not leave your dog (or a..."

HOT DOGS and HOT TIMES IN THE SUMMER

It's been in the 90's here in the south for the past few days.  So once again, it's time for that annual warning to not leave your dog (or any other animal) in a parked car, even with the windows cracked open.  Even when the temperature is hovering around 80 degrees, a vehicle's inside temperature can rise to 120 degrees in a few minutes.  You humans know that in warm weather it can get very hot and stuffy in a parked car even with all the windows rolled down!  Dogs are susceptible to heat stroke, and heat stroke can lead to brain damage and death.   Make sure your dog has lots of fresh water during the summer.   Keep my buddies out of the sun when it is especially hot.  Dogs can get sunburned, too.    Ask your vet about what kind of sunblock or lotion can be used on a dog's nose and ears.  And remember, the pavement can get very, very hot, which can burn the pads of a dogs foot.  So be careful.  My Mom feels the pavement with her hands, and if it feels too hot, she carries me (that doesn't work with you big dogs) or we take a different route, or try to walk on the grass.  Avoid too much exercise in the hot weather.  If you go for walks, bring a small water bottle with you.  My Mom carries
small bottles of water, a bowl, and a dropper everywhere we go.  Be every mindful that intentionally leaving a dog in a parked car in the hot weather resulting in a significant rise in the vehicles interior temperature such that physical damage or death is caused to the dog, can be result in the owner or whoever caused the situation, to be arrested and convicted for animal cruelty.  Take care of my buddies, and have a safe and fun summer, ya'll.

Tuck The Law Dog
Georgia Law (Dog)

http://www.criminallawyercherokeecobb.com
http://tuckthelawdog.wordpress.com
http://georgiacriminaldefenseselawfirm.yolasite.com

Memorial Day 2011 and Armed Forces Service Dogs

Monday we celebrate Memorial Day.  It is not a day to take off work and go to Wal-Mart.  It is a day my Mom and Dad remember the men and women of the armed forces that have given their lives serving our county.  My Dad himself served in the Air Force, Army,  National Guard, and the Reserves.  My Mom and Dad have relatives that served in WWII, some deceased, some living.  My Mom's Uncle Bill served along side General Patton, and her Uncle Joe was a tail gunner in WWII.  My Gramaw Betty makes sure there are flowers on the graves of her relatives each Memorial Day.  I am thankful for the service dogs that served, have given their lives and those that continue to serve alongside our service men and women.  They are all very brave. But for all those that have served and because of those that continue to serve, my Mom may not be here and be able to freely write this blog.  America is a Great Country, but going through a rough period.  May God bless all those that have served,  alive, dead, men, woman, and dogs.
                                     Tuck salutes you all!!

Take care, ya'll,

Tuck the Law Dog
Georgia Law (Dog)

http://tuckthelawdog.wordpress.com

Dogs, Pools and Frogs

Bark, bark, yippie bark! The pool is open. It’s been a long winter (well, not really, here in the south it seems like Mom and Dad just closed up the pool, and now its open again and attracting frogs.) I hate water: bath water, pool water, rain water, you name it–I just don’t like sticking my paws in it.
When I hear the bathtub water running, ya’ can’t fool me. This is a “shower” household and the only one that gets use out of the tub is me, and most certainly not at my initiation–ya gotta find me first (they always do). Anyway, I am not a fan of the pool. But, I have a love-hate relationship with the numerous frogs that appear each evening, each and every frog croaking loudly to its prospective mate. As soon as I hear the frogs, I start bugging Mom to let me go check them out. Once at the pool, I resume my “post” staring at the deck to ascertain where the croak(s) are coming from, then I sneak up behind each frog and give it a gentle nudge with my nose so that it plops into the pool, and I can go on to the next. Mom says that she is not sure if it is my nose that makes those frogs fly into the pool, or the turbulence from my wagging tail. Mom recalls fondly Squeaky the cat, who would gently carry the frogs into the house and let them go. Mom vivdly remembers the time she got up during the night and stepped on something squishy. By the time she got the light on, the frog was gone. Fortunately for the frog, the next morning she found it hiding in the closet, picked him up, and carried him outside. She did have to rehydrate him ’cause by that time he was a little dry. Don’t let my dog buddies put the frogs in their mouths. From first-hand experience, I can tell you, a frog will pee when it is scared, and, well, you know the rest of the story. It makes a dogkeep spitting just trying to get that taste out. Yuck. , I’ve never done that again, and Mom closely watches to make sure. I have a boat load of fun teaching those frogs how to dive. And what’s more, these are tree frogs, so they climb right back out and sit on the edge waiting for another nudge from me. You have to be careful as some frogs are poisonouse and can make a dog sick. So, doggie buddies, be careful around the pool this summer. If you like the pool, make sure you know how to get safely out. And don’t go in the pool without your Mom or Dad keeping an eye one you. Once, Mom came home and found a cat swimming madly around the perimeter–it couldn’t figure out how to get out. Mom got the cat out safely, and both her and the cat’s hearts were beating so hard after that. Mom was crying ’cause she was so thankful she got home in time to save that cat. So have a Great Summer, don’t swim alone, and never, ever eat (or kiss) a frog.
Check out these sites: zootoo.com; itchmoforums.com; petsitusa.com.
Take care, ya’ll,
Tuck the Law Dog

http://wwwgeorgialaw.blogspot.com/

http://www.criminallawyercherokeecobb.com/

Rabies Alert: Georgia: Gwinnett and Cherokee County

I was just watching the news about 5 minutes ago–Fox 5. There is a new rabies alert in Cherokee County, GA. A rabid raccon was found near Hightower Road in Ballground. In the past week a rabid fox was found in Gwinnet County. Make sure all you dogs have a current rabies vaccination!
Coyotes are also making the news again, although their presence has been a concern for years. Don’t let small dogs out alone from dusk to dawn — coyotes will attack. Mom has seen them in neighborhoods in daylight as well. Don’t leave food out to temp them. I have a six food stockade fence around my yard, but even so, Mom is always out there with me, as coyotes have been reported to somehow get over.
Take care ya’ll–be safe…

Tuck the Law Dog

http://www.criminallawyercherokeecobb.com/

http://wwwgeorgialaw.blogspot.com/

Dog Food and FDA Warning Letters

I just heard Mom let out a big sigh of relief. She had just read about the latest May 5, 2011, FDA letter to Evanger’s Pet food in Illinois:
http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm255000.htm
and was thankful that I am allergic to duck and would never had bought this product, and thankful that she no longer buys from this manufacturer due to the highly publicized articles in the news about Evangers manufacturing plant’s questionable quality control, and the owner’s arrests for allegedly diverting gas from the plant’s gas meter. Note that the owners have been charged but not yet convicted. After the pet food recall of 2007, Mom follows many pet message boards daily and gets emails daily about recalls related to pet food, pet toy, anything pet, as well as recalls concerning you humans. I am not singling out Evangers, as there are numerous other pet food manufacturers that have been cited for questionable and dangerous manufacturing of pet food, but citing this as a recent FDA warning letter that dog owner’s should be aware of.
Why would Evanger’s do anything that would send the wrath of the FDA down upon them, considering their history of involvement with the FDA. Maybe the FDA is wrong this time–I don’t know, but the Evanger’s have posted a letter on their website with a copy of an independent test result on this food, these test results apparently contradicting the FDA. Mom had just hoped and prayed that she wouldn’t have to worry about what she fed me. She reviews the history of every dog food prior to feeding it to me, and I also eat home-cooked meat and vegetables and fruit.
I’ve dodged another bullet.
"One is innocent until proven guilty!”

Take care, ya’ll,

Tuck The Law Dog–Georgia’s Legal Beagle

http://www.georgialaw.blogspot.com/

http://tuckthelawdog.wordpress.com/

Dogs Baths and Safe Dog Shampoos

Well, I just had my bath.  Dad was calling me "Stinky" all day--not nice!  I smell real good now.  My Mom is a bit of a fanatic when it comes to selecting my shampoo.  That's probably why "my" bathtub is lined with a "Who's Who" of dog shampoos.  I don't really have my own bathroom--but I'm the one that gets the most use out of the bathtub. I thought I would review the Shampoos my Mom has selected (for now-she's always reviewing products).    When I first came to Mom and Dad's I developed a rash on my tummy.  So to start ruling out irritants (besides narrowing my food to a single protein source), Mom reviewed opinions and reviews on-line about dog shampoos.  She researched any unfamiliar ingredient    She told me that long, long ago when her dogs Deigo and Bear were alive, she used Hartz Mountain products 'cause there was not the extensive line of dog shampoos as there are today.  Mom no longer buys  Hartz Mountain.  Tonite my shampoo was "NuHemp 369 Botanicals,"  (http://www.nuhemp.com/) It is made in Canada.   The label ingredients include Organic ingredients to include Alfalfa, Chamomile, Echinacea, Coconut Oil, Apple Essence, Coconut oil, Olive oil, Pumpkins Seed, and Hemp seed--this list is not inclusive--please see label. The label states NO sulfates, steroids, cortisone, DEA, Propylene, or animal by-products.  My coat smells nice and I don't scratch after a bath.  Mom gets it at PETCO.   I've also been shampooed with "Earthbath" Shampoo-"Mango Tango."  The label states that it contains purified water, "Natural cleansers"  aloe vera, mango essence, olive oil, and does NOT contain DEA, parabens, phosphates, synthetic dyes or perfumes.  It is used by many of the dog groomers in the area and sold many private pet stores and  was recommended to Mom.  I scratched after this one but Mom will put it in the rotation again, to see if I scratch again after its use.    Another of Mom's favorite is "Tropiclean" the "puppy hypo-allergic" formula.  It contains Oatmeal and Vitamin E, as well as organic Aloe Leaf and mild coconut oil.  It is made in the USA---ww.tropiclean.net  After my bath  I smell like sun tan lotion (coconut).  Lastly, Mom also likes "Pet Promise" Comfort Wash with Oatmeal, aloe and Vitamin E.  It contains NO DEA, laurel sulfates, parabens, artificial preservatives or colors.  Although all these products claim to be soap free, Pet Promise also states on its label that it is soap free and won't impact Advantage, Frontline, Bio Spot.  Mom also uses oatmeal bath powder in my bathwater, 'cause it soothes my skin.  She also uses a conditioner made by NuHemp, even though NuHemp shampoo and Earthbath are a shampoo and conditioneor in one.  Mom also uses a hypo-allergenic, no dyes or perfumes laundry soap as I burrow under the sheets to sleep.  The prices range from about $5.00 for NuHemp (12 oz); $10.00 for Tropiclean, (16 0z) and  $12.00 fro Earthbath (16 oz).  They all make my coat shine, but you have to make sure to rinse very well and get all the shampoo out.  There's other good dog shampoos out there.  Mom has tried others but avoids anything with laurel sulfates, DEA, parabins, steroids, propolyne glycol. Hope this info helps you guys, and, if you have any other suggestions, please let Mom know.

Take care, ya'll,

Tuck the Law Dog

*** These are my Mom's opinions.  Mom is not offering recommendations nor advice but just giving her opinioin on my reactions (and hers) to these products.    Do your research and get other opinions and reviews of these products.  Ask your Vet, too.

Georgia Law (Dog) - The Musings of a Legal Beagle: Carlos Santana and Immigration Laws

Georgia Law (Dog) - The Musings of a Legal Beagle: Carlos Santana and Immigration Laws: "Carlos Santana made the national news yesterday when, at an Atlanta Braves baseball game, he cried out that the people of Arizona and Georgi..."

Carlos Santana and Immigration Laws

Carlos Santana made the national news yesterday when, at an Atlanta Braves baseball game, he cried out that the people of Arizona and Georgia should be "ashamed" of themselves for supporting the immigration bill.  Mr. Santana should be ashamed of himself for proclaiming his belief that it is ok for someone to break the laws of our country.  We are a nation of laws.  For a nation to survive there must be law and order.  I am proud of our great country and the fact that so many  want to live here because it is so great.  I don't care if you are  Hispanic, Chinese, Russian...my own heritage is Chihuahua (part Hispanic) and Jack Russell (English).  I love everybody and pray for a happy life for everyone.   However, if one wants to live in the United States, they should go through the proper paperwork and process which will enable them to become a legal citizen.  Why should someone risk their life, their families lives, to come here illegally, and then have to live their lives in fear of being arrested, jailed and deported?  Mr. Santana, no one should be ashamed for respecting and supporting the law. If a law needs to be changed, there is a process for that and it is NOT by breaking the law.  Shame on you, Carlos Santana, for supporting those that break the law.  I lift my right back leg to you.

Take care, ya'll,

Tuck the Law Dog

http://www.criminallawyercherokeecobb.com/
http://www.wix.com/alljmsotherstuff/morgese

Casey Anthony Jury Selection

Jury selection  for the Casey Anthony criminal trial was on the TV all week.  I had a front row seat stretched out on "my" couch at the office.  Mom and Dad either have True TV, Fox, HLN, or CNN airing all day.  Most times, it's background noise, 'cause everyone is busy either researching, investigating, writing, or calling people.   I just don't understand how a mother could take 30 days to finally report that her child was missing.  This defendant's tears appear to be "crocodile" tears--and, if her tears are genuine, they are likely flowing as a response to her contemplating the prospect of life in prison.    Jury selection was still going on when I left work late this afternoon--and I understand it is continuing through the weekend.  Jury selection is in Pinellas County and the trial will be in Orange County.  The jurors are going to be "sequestered" through
out the trial. "Sequestered", my legal term of the day, means that the jurors will not be able to go home, and will reside and take their meals in a hotel.  The jurors are usually instructed to not watch TV or read newspapers, so that they don't get influenced in their decision outside of what takes place in court--(I think its way too late to prevent outside influence!)  It is going to be a long, arduous process for all parties involved. There's going to be some  very lonely dogs missing their pet-parents.  Maybe, like me, they will be able to see their Mom and Dad on TV.

Take care, ya'll,

Tuck the Law Dog

http://www.criminallawyercherokeecobb.com/

http://www.wix.com/alljmsotherstuff/morgese

DOGS, MOSQUITOS & HEARTWORM

Well, mosquito season is here. It always worries Mom. She knows the dangers of Heart Worms in dogs first hand. A long time ago, in a far, far away state, her dog Deigo got heartworms. This was way before medications were popular to prevent heart worm in dogs, and actually in a state way up north where heartworm was rarely observed. Mom can remember that Deigo appeared to be short of breath so she brought her to the vet who did a test for heartworm–positive. Mom recalls that the vet gave Deigo medication and that when Deigo went to the bathroom, his poop was a “lovely shade of purple” for several days. Deigo survived the heartworm episode. The vet saved some of the heartworm and put them in a jar of formeldahyde–Mom didn’t want to keep it, but the Vet did so he could show other per parents just how intrusive heartworms can be. Mom gives me a heartworm preventative and continues to smack and swat every mosquito that comes near me. She bought a bottle of insecticide yard fogger last Sunday that says its supposed to kill mosquitos, nats, aphids, flies. But after reading throroughly the label warnings, she may take it back. She bought “Cutter Backyard Bug Control” which you hook up the bottle to the water hose and then spray your bushes and yard. She hasn’t tried it and doesn’t doubt that it could work–she is just scared that the residue would come in contact with me and make me sick. It does state to let the area sprayed dry for at least 24 hours before exposure to children and pets. Her other concern is that it states not to let this product come into contact with frogs, turtles, fish is it can kill them. We have lots of frogs living under our bushes and she doesn’t want to harm them, either. So now she is doubting as to whether this stuff should be used at all. She doesn’t put any lawn fertilizer on the yard because of the dangers of my licking my feet and ingesting the stuff. But then, of course, she constantly worries about possible long-term effects to my health as to the heartworm medications I take.
My Mom worries a lot–but she really loves me. Any comments or opinions on this Cutter product would be appreciated.

Take care, ya’ll,

Tuck the Law Dog

http://wwwgeorgialaw.blogspot.com/

Hump Day!--It's just not for Dogs..

Ok, I may be a dog, but that's not what I mean--shame on ya'll.  It's Wednesday (hump day) and only two more work days--maybe.  Mom and Dad work a lot of Saturdays, and, Sundays as well, especially when they are getting ready for a trial.  Since I rose to the title of Legal Beagle, I have had the exhausting experience of working many, many nights and weekends.  I have logged in many dog hours at the law office, sprawled out on my Dad's couch, dreaming about squirrels, and hoping we could go home soon.  His office is usually a pretty good place to relax.  Sometimes, tho when everyone is working late,  and time is getter near to trial,  the environment can get very boisterous. Law books, police reports, lab reports, photos,  records, etc., are repeatedly read and examined, notes are outlined, statements are picked apart.  To the outsider, it might appear that my Mom and Dad do not agree on  the issues or procedural tactics, because Mom usually plays "Devil's Advocate" as a means to of examining both the prosecutors and  our defense arguments.
Those occasions tho when we are all working late, I get to have pizza.  Today, Mom and Dad were reviewing a "habeas corpus" petition, and,  thus, that will be my legal term of the day.  A "habeas corpus" petition is a civil writ that is usually filed by an incarcerated person (a person restrained of his liberty).  The person is asking the court  to inquire into the legality of his restraint by reviewing their sentence and conviction.  The term is Latin and basically is translated to mean bring the body before the court.
Well, ya'll, it's late, and I must send this off.
Take care, ya'll,

Tuck the Law Dog

***Tuck offers this article for informative purposes only and it is not intended as nor should be taken as legal advice.

Georgia Law (Dog) - The Musings of a Legal Beagle: COULD I BE PART LION???

Georgia Law (Dog) - The Musings of a Legal Beagle: COULD I BE PART LION???: "The hot weather is here. It's almost 90 degrees. We hadn't yet turned on the A/C yesterday at the office because the heat snuck up on us..."

COULD I BE PART LION???

The hot weather is here.  It's almost 90 degrees.   We hadn't yet turned on the A/C yesterday  at the office because the heat snuck up on us--one minute the furnace is on, the next it's stifling.    I didn't have much of an appetite yesterday.  Mom was worried because I didn't want to eat, and I pretty much just sprawled on the couch and looked unhappy.  By about 2:30, Mom decided to take me home and see if I felt better.  It was cooler at home.  Mom made me something to eat--roast chicken-which I didn't have any interest in.  I could see she was really worried.  She told me about how Squeaky the cat got sick with CRF and she had to feed him and give him water with a syringe and she didn't want me to have to go through that or to get dehydrated, so I better eat or at least take in some fluids.  She gave me some water via a dropper.  I knew she wasn't going to let me be, so I decided to eat.  I was hungry by then and it was late  afternoon, and I really luv roast chicken made especially for me with no seasonings, and the skin removed.  Mom said maybe I am part Lion, and when it is hot, I prefer to lie around until closer to evening when it cools down and I feel like eating.  Last evening, I played outside and had a good dinner.  I dragged out all my favorite toys and squeaked them incessantly necessitating the TV being turned up louder so Mom and Dad could hear the final episode of Stargate Universe.  They never yell at me for constantly squeaking my toys--they are just glad that I am a happy dog.  I was still squeaking at 11:00PM.   When I came into the office this morning, the A/C was on.  I ate breakfast.  I played with my toys,  I had lunch.  I went for walks and barked at squirrels.  I even saw a box turtle trying to cross the road.  Mom picked it up and carried it to safety just as a big garbage truck was barreling down the street.  When Dad came back to the office this afternoon, I overheard Mom tell him that she wasn't sure if the heat got to me yesterday, or if I just acted sick so that she would take me home where I could play with my toys and run around the yard looking for lizards and frogs (Mom keeps a close watch and makes sure I don't try to grab one.)  Maybe some days I am part Lion and prefer to lie around when it's hot and then "graze" in the evening.   But between you and me, I just wanted to go home from work early!   Reminder!! Now that the hot weather is here:  please, please don't leave your dogs in the car, even with the windows cracked open.  The temperature can rise quickly inside  the car and its very deadly to any dog or any person inside.  Don't leave your dogs without water or fresh air, either.  The temperature inside your house can get very warm as well without an open window, a rotating fan, or A/C.
 Have a great summer.

Take care, ya'll,

Tuck

"This Ain't Ally McBeal!"

TV shows about the law are pretty much out  of touch with reality.  That goes without saying of not only Ally McBeal (the "dancing doll"), but with, The Practice (whatever happened to the cast?), Boston Legal (cigars on the rooftop and mad-cow disease), The Good Wife (do they ever lose?), and the most recent with Jim Belushi-The Defenders (they are in trial a few days after getting the case--yeah, right)-which was  given the kiss of death by moving to Friday night. But Jim is doing a Broadway show now and he says he's happy.
I shall focus on criminal matters for this article and discuss the process from arrest to resolution.  I'll focus on Georgia law, but much of this information may pertain to other jurisdictions as well.   One can be charged with a misdemeanor-a lessor crime, or one may face a felony-a serious crime.  In Georgia, a misdemeanor carries a sentence of up to 12 months, whereas a felony carries a sentence of one year or more.  Examples of a misdemeanor are Simple Battery, Reckless Conduct, Possession of Marijuana Less than an Ounce, some moving vehicle violations.  Examples of a felony are Aggravated Assault, Murder, Robbery, Possession of certain Controlled Substances (Drugs).  Following an arrest, one may be "booked" into jail.  The arrestee would have to put up a "bond" which can be a cash or property bond in order to secure release.  Following booking into jail, a hearing is held  either in court or by video, in which  the arrestee goes before a judge and is informed of the charges he or she is facing.   If a person has the cash or property, he may bond out.  Sometimes, certain felony crimes require that the arrestee goes before a judge who will determine if bond will be granted.  Not all charges have a "bond scale,"  and those that do not require appearance before a judge.  Thus, someone could bond out in a few hours, and some may take several days.  Some people may be denied bond based on a flight risk or criminal history.  There can be several agencies and individuals involved in a criminal case, to include the prosecutors, their investigators, the arresting officers, witnesses, the attorney, the attorneys staff, etc.   It is not uncommon for a  jurisdiction to have a backlog of cases.  There are only so many people assigned to the hundreds of arrests each month in any given county.   And thus, unfortunately, the length of time from arrest to the resolution of a criminal case could take months and even years.  The TV shows I mentioned above depict an arrest, an investigation, and a trial, all in a matter of a few days.  It just doesn't progress that quickly--but it would be really great if it did.  An attorney needs to look at all the evidence, review this evidence to determine if any motions need to be filed, as for example, were any constitutional rights violated that would necessitate a "Motion to Suppress"?  An attorney may need to locate and interview witnesses, research case law,  check  the background and history of  co-defendants.  It can take a few weeks to get police and lab reports.  And all this waiting can cause anguish and emotional distress on not only the person facing the criminal charge, but on that person's family as well.  Yes, there are cases that proceed quickly.  Sometimes a person just wants to enter a plea without waiting to review all the evidence. Or sometimes, there is very strong evidence to establish a person's innocence, such that the matter can be disposed of promptly.  Sometimes the wheels turn quickly, sometimes they turn slowly.  Sometimes it is in one's best interest that the wheels do turn slowly--witnesses disappear, evidence gets old.  The important thing to remember is that every case is different, and to not compare your case with someone else, as there are so many variables.  Some matters are best pleading out, and some should be taken to trial, and up through Appeal, if justified.  My Mom and Dad want to resolve each person's case as expediently as possible, but they feel that each case must be resolved in the best interest of their client and with their client's wishes.  No one is advised to enter a plea for something they didn't do.  I hope that you never find yourself facing a criminal charge.  But if you do, try and understand that "This Ain't Ally McBeal!"

Take care, ya'll,

Tuck the Law Dog

Are Dogs Being Over Vaccinated?

Rabies vaccinations are required in most states, if not all-I admit I haven't checked every state's laws.  Georgia requires dogs to obtain a rabies vaccination at least every three years.    I have mine.  I got the three year vaccine.  The Vet gave me a little gold rabies "tag." Mom believes dog vaccines should be administered as  minimally as possible.  Vaccines can had adverse side effects.  There is a growing movement to allow a "titer" test to determine if the antibodies remain in a dogs system, such that the dog is still protected by the vaccine and thus does not require another rabies vaccination.  Most states will not accept a "waiver" indicating that the titer test was done and the antibodies are present.    http://www.rabieschallengefund.org/ is one organization that advocates that rabies vaccinations can last from 5-7 years, and thus more often are not necessary.  There are also studies that indicate other dog vaccinations may not be as necessary as previously believed.  Don't misunderstand me--rabies is a very serious and deadly condition.  There have been reported cases of rabies where I live, usually found in a fox or raccoon.   I just wanted my dog friends to become more aware of the growing case studies that indicate  dogs (and cats, too) may be being subjected to unecessary immunizations.    Google the words: rabies vaccinations dogs studies titer.  There are numerous articles being written  discussing recent  studies that have been carried out as to how long vaccine antibodies stay in a dogs system.  Check out other dog blogs, dog forums, pet message boards.  Get educated. 
Don't be afraid to question your veterinarian about this subject.  A good vet will be happy to discuss the pros and cons of  rabies vaccinations and other immunizations.  Speak up for us dogs.  Know your states laws on rabies vaccinations as your dog might only need one every 3-4 years.  All this said, still obey the law of your state--but push for reform.  And continue to get those yearly exams-- 'cause after the exam is over, I usually get a new toy!

Take care, ya'll,

Tuck the Law Dog

***Tuck offers no medical or legal advice but encourages you to get educated on this subject by researching these issues and talking to your Vet as to what is best for your dog or cat. 

Georgia Law (Dog) - The Musings of a Legal Beagle: "Dog Bites" and the Law

Georgia Law (Dog) - The Musings of a Legal Beagle: "Dog Bites" and the Law: "Mom says she doesn't worry about me biting anyone that comes to the office--'cause all I want to do is give everyone non-stop kisses! I ju..."

"Dog Bites" and the Law

Mom says she doesn't worry about me biting anyone  that comes to the office--'cause all I want to do is give everyone non-stop kisses!  I just love to greet Mom & Dad's clients.  But even so, Mom has a gate on her office door and keeps me in there when a client comes that hasn't met me before.  Dad also doesn't allow me in his office when he is meeting with a client, 'cause I just want to sit in their lap and be scratched!  Sometimes the client asks if I can come in and sit with them--they are so nice to me.   But on the serious side, pet parents should excercise great caution when introducing a dog to someone new.  Don't let a dog run up to a stranger.  Don't let us dogs run loose with no supervision.  Don't let children approach a dog without asking permission of the handler.   If there is any concern at all in how a dog and a person will react to each other, keep the parties apart, and allow each to take his time in getting to know the other.  Dogs can react to a frightening situation by biting, and dog bites can have serious legal and financial ramifications.
"Dog Bite" laws vary by state and not only include bites but attacks and maulings as well.  Some state laws take into consideration the dog's propensity to be dangerous; whether the petparent knew the dog was dangerous; whether the petparent was negligent; whether there was provocation to make the dog bite, for example, taunting the dog or poking the dog with an object; whether the person bit was on private or public property; some states laws take into consideration whether the peron bit  was aware of a "Dangerous Dog" sign; whether the state has a "leash law;" trespass issues by the person bitten; etc.   In my opinion, the best remedy is to proceed with caution when your dog is meeting someone new or when bringing your dog into an environment likely to agitate the dog.  Don't leave a dog tied up so that it feels its only defense when approached by a stranger is to bite or attack.  If you are gong to keep my dog buddies tied up all the time--you really should consider finding the dog another family that will make it an important and respected part of the family and not treat it like a piece of property and not a family member--which will be my topic another day.   Parents, keep a firm grip on your dog,  your children, and the situation. 

Take care, ya'll,

Tuck the Law Dog

***"Tuck offers this above article for informational purposes only.  Anyone bitten by a dog or who has a dog that has bitten someone, could benefit from the advice of legal counsel  pertaining to the laws and codes of the jurisdiction where the incident occurred, if necessary.''

Adopt a Dog From Your Local Shelter

Or, subtitle, “How I Came to be Tuck The Law Dog.”  As the story goes, my Mom and Dad didn’t want to go through the heartbreak of losing another family member.  Squeaky the cat had passed away after suffering through CRF-Chronic Renal Failure.  And, Sammy the cat had passsed away  prior to Squeaky, from lymphoma of the small intenstine.  Sammy was going on 19 years of age , but Squeaky was only 11 years old.  Anyway, Mom and Dad were going to go to the animal shelter close to home, but Dad had to go meet a client in another direction, so they went their first.  While waiting for Dad, Mom walked over to yet another  animal shelter  “just to look.”    She told me she was looking for a big dog, she used to have big dogs and thought that little dogs were for old people  to drive around in their cars and sit on their lap.  The shelter that day was full of big dogs and really big puppies.  In fact, I was the smallest dog there.  So when Mom saw me, I was shaking in the corner of the kennel.  Alas, she looked at me and kept walking.  What I didn’t know was that she was walking back to meet my Dad and make him come see me.  They came to the cage, looked at me, said I was cute, but then walked away and went and looked at the three  really big and shaggy white and black puppies.  They then decided to go the the original shelter that they first started out to that day.  But something made them turn back to take one more look at me—and they asked if they could take me out of the cage to the “meet and greet” yard.  Whoopie!  The first thing I did when we all got outside was to jump in Dad’s lap, give him a kiss, and refuse to get down.    Mom said–well,  that’s our dog, let’s take him home.   When they returned to pick me up after processing it was on a Wednesday around lunch time, so they didn’t go home but had to go back to their law office.  They had a blanket and toys there for me.    And the rest, as they say, is history.  I go to the law office with them every day,and even have another dog friend to play with during the day, “Sam,” who also goes to work every day with his Dad.  Sam was abaondond, shot and left to die, until his Mom and Dad saved him. Life is good–for me and Sam.   There’s lots of great dogs at the animal shelter waiting for a home and someone to love.

http://wwwgeorgialaw.blogspot.com/
http://www.criminallawyercherokeecobb.com/

Take care, ya’ll

Tuck the Law Dog

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Osama Bin Laden Dead & Wild Mushrooms

My topic for this day is wild mushrooms, but I feel I must mention the death of Bin Laden.  While no death should be a joyous occassion,  this particular passing merits a cheeringly  loud, neighborhood-waking bark of  Woof!  Woof!   I wasn't yet born during 9-11, but my parents personally know three people that lost their lives in the towers.    Why can't everyone just get along?    Life is so short and goes by soooo fast.  I like and want to have fun with every dog I meet, big, small, fat, skinny, young, old, brown, white, yellow, and even those bright pink-dyed poodles.  
Spring rains are here.  Speaking from personal experience,  if you have a dog, please be very, very aware of wild mushrooms growing in your yard.  They can be deadly.  I was playing outside at work, and then came in.  My Mom noticed that I was sitting kind of quiet and then I started drooling and then threw up.  She rushed me to the vet.  I ended up in the hospital.  A quick-thinking vet filled me up with charcoal and fluids and saved my life.  My Mom examined what I threw up and found a piece of mushroom.   I was really out of it until the next morning, as I was actually "tripping" on the mushroom.    Since that day Mom daily checks our yard at home and at work for mushrooms and gets rid of them.  It is also advisable to provide your vet with any vomit or feces as they can provide a valuable clue as to what ails us dogs.

Take care, ya'll

Tuck

Prenuptial Agreement & William and Kate

My legal term for the day is "Prenuptial Agreement."  But, first I want to congratulate William and Kate on this joyous day. Yes, I watched some of the proceedings, but I didn't get out of bed early enough to see the actual wedding 'cause I like to stay under the covers as long as I can.  Anyway, I heard on the news that Kate signed a prenupt.  A prenuptial agreement is signed before the marriage and identifies what property each spouse wants to maintain as their own private property, should the couple later divorce.  This type of agreement is considered usually when one of the parties has substantial assets, or, more importantly, in my opinion, when one of the petparents wants to agree as to which party the dog or cat they bring into the marriage then goes to live with -should there be a separation and/or divorce.   A prenuptial agreement does not guarantee that it will not later be contested, however.    So that's my legal term of the day.  I hope William and Kate never need to discuss this issue again.  Congratulations, ya'll!

Tuck the Law Dog

Tornados

Tornados hit throughout the south last night.  Thankfully the area where I live was spared.  My thoughts and prayers go out to all the people, dogs and cats that were displaced and may be separated from their homes and families.
I am one lucky dog.

Take care,

Tuck

Birth Certificates--even Dogs have them....

Even dogs have birth certificates, or "papers."  So what's the big deal?  I just finished watching Donald Trump's interview in New Hampshire, and the response from President Obama.   Obama said he wanted to put this controversy about his birth certificate to rest--if that is so, why not produce the birth certificate two years ago and put an end to the speculation?  Why didn't Obama release his birth certificate way back then?--because he wanted to keep the controversy going, wanted to keep any type of discussion about him in the media, and apparently wants turmoil in this country.  If he is as proud to be an American  as he so professes he would have presented his birth certificate- and let us all know how proud his is to be born America.

Don't Tether a Dog

Tethering:  the practice of chaining  a dog usually, to a stake, or some other fixed object, usually outdoors.

Tethering is inhumane and cruel.  When my Mom learns of a dog that has been chained out, she says that whoever did that should be chained out, ignored, and left with no food and water!!  Tethering is not safe, a dog can choke, and the chain can cause damage to the dog's neck, leaving it irrated, sore and even infected.   The dog has no means of defense if attacked by other dogs or people coming after it.  Dogs that are chained constantly can become aggressive as a means of defense or because they are frightened at not being able to defend themselves.  More and more municipalities are enacting ordinances against tethering, to include totally prohibiting it, or, allowing it for short periods of time, mandating that the tether is hooked up to a trolley line, or both.  Check your local ordinances pertaining to tethering.  Hopefully, for all my dog buddies sake, you just plain won't tether at all, ordinance or not. 

Take care ya'll,

Tuck the Law Dog

http://www.criminallawyercherokeecobb.com/

http://www.wix.com/alljmsotherstuff/morgese

Criminal Trial Week

This is the start of trial week.  My Daddy was "called  in" to court this morning on a criminal case.  The case he was called in may or may not proceed to trial.  An attorney with a case on the calendar for trial must be prepared for trial.  When trial week  looms, my Daddy and Mom work very late and on weekends, and they always bring me so that I can help them prepare the case(s).  Usually, I get a new toy 'cause they feel sorry for me having to work so much! (I got a Garfield the Cat squeaky toy this time).   Criminal cases don't always go to trial--sometimes a plea is negotiated, sometimes the case is dismissed or is "Nolle Prosequi,"  which is my criminal legal term of the day:  "Nolle Prosequi" means that at this time the prosecuting officer has decided to not prosecute (or go  further) with a criminal charge(s).   So now you have a definition and have learned Latin.

Bye, ya'll,
Tuck

It's Friday!

Hi ya'll-Legal Beagle here.  Today is a great day--my Daddy is in the office.  He was in court the past two days, but my mom was here.   When she isn't taking me for walks, I like to sit on the back of the couch on my blanket and look out the window at squirrels, my arch enemies.  My Aunt Diane makes me really soft and warm blankets--I have five now--my favorite is the red one with Disney characters, I like to crawl under it and sleep.  Thanks Aunt Diane & Uncle Larry!  Yesterday, a lady friend of mine (she's very pretty-Molto Bella) came to the office and brought us homemade pizza, Easter Bread (the braided kind with the colored eggs baked in it), and ricotta cheesecake)!  I got to have some pizza--yum.  I look forward to seeing her-she always let's me sit on her lap.   Grazie! lady friend.  Doggy advice-be mindful of what you feed us dogs, 'cause too much fat, sugar, and junk food,  can be harmful to our health. My Mom only lets me have a really small taste.   Anyway, now that Daddy is in the office today, I can assist him with his caselaw research.  Lawyers spend a lot of time reviewing "Opinions."  Briefly, when a higher court reviews a lower court's "decision," the higher court will issue an "Opinion."  An Opinion by a higher court is a reason or reasons reasons given for a decision of a lower court.  The higher court will either agree or disagree with the lower court's ruling.  Lawyers use these Opinions to assist in arguing on behalf of their clients.  So, that's my "Legal Word of the Day"- Opinion.
Have a "Hoppy,"  Joyous and Peaceful Easter.

Bye, Ya'll
Tuck

The Life of a Legal Beagle

Let's make one thing clear-I'm not a beagle (at least I don't think so).   I am mostly Jack Russell and Chihauhau,
with a little bit of some other Terrier -or "terror" as my Mom likes to say!  My birthday was last Friday, and I got money from my Aunt Carol and Uncle Don and my Grammaw Betty.  I bought a stuffed wienie dog squeaky toy with some of my birthday money.  I had a white cake with colored sprinkles, but I wasn't allowed to eat the frosting---grrrrrr.   Gotta go--there's a bush with my name on it..  Waiting for 5:00! 
Take care ya'll!

Tuck

Hi!  I go to work every day.  I love to meet and greet. 

Tuck