Petition Pursuant to Criminal Law Section 10-615: Return of Animals

Below is a redacted section from a motion to return animals when they are seized pursuant to a criminal charge.  It was drafted by Paul J. Notarianni in 2015.

NOW COMES:  The above captioned Defendant, by and through counsel, to move to have animals return to the Defendant, pursuant to Maryland Criminal Law Section 10-615 (d)(2) and offers in support:

ONE:  That the Defendant is charged in the captioned matters with violation of Criminal Law Section 10-604 (a)(5).

TWO:  That two dogs, known as Blank and Blank II, were seized by the State on or about (DATE), and that those animals remain in the custody of  the county government of (blank) County.

THREE:  That it is the Defendant’s assertion that she was never advised of her administrative options regarding the seizure of her dogs, as required by Criminal Law Section 10-615 (d).

FOUR:  Maryland Law permits for an owner of animals that have been seized in an animal cruelty case to file a petition in the District Court within ten days after their removal.  (See Criminal Law Section 10-615 (d)(2)).  

FIVE:  It is the Defendant’s assertion that her living condition is stable and it is appropriate to have the animals returned to her, or, in the alternative, to have the animals given to the custody of family or other third party friend of the Defendant, in lieu of their continued confinement at an animal shelter.  

WHEREFORE:  The Defendant requests that this Honorable Court pass an order to have the dogs known as Blank and Blank II returned to the custody of the Defendant, or in the alternative, to have Blank and Blank II placed into the custody of a family member or third party acquaintance of the Defendant.