Q: Grounds to file motion to dismiss for animal not restrained case?
I am a defendant in a case titled "State of Texas vs. [defendant]" regarding the issue of "animals not restrained," involving chickens eating grass in my front yard. On March 8th, 2024, I received a yellow card from Fort Worth code compliance/animal control, but it did not specify a compliance date. According to city charter, I had 10 days to comply, and I did so in 9 days by fencing the chickens in my backyard. I was unaware of the code prohibiting chickens in the front yard before receiving the yellow card. The next day, I was issued six citations totaling around $1,600, all related to the same incident. I expressed disagreement with the animal control officer via phone and then complied. I requested a jury trial, claiming not guilty; however, the trial was rescheduled twice without explanation. I have received notices by mail regarding these cancellations. Do I have grounds to file a motion to dismiss the case?
A:
First, remember that in a criminal case, only the prosecutor can file a motion to dismiss. The defendant and his attorney cannot.
With that in mind, the answer to your question is the prosecutor could file a motion to dismiss on the ground that the code does not authorize the issuance of a citation unless you did not comply after ten days.
I have no opinion as to whether that is, in fact, what the Fort Worth Code says.
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