My neighbor is filling a complaint about my dog barking and I have to go to court. Do I have the right to get a history of complaints my neighbor may of made in the past at the house he lived before to prove that he has a history of complaints?

Quote:

---

Originally Posted by ladubini

Do I have the right to get a history of complaints my neighbor may of made in the past at the house he lived before to prove that he has a history of complaints?

---

Hello lab:

I believe you do... But the cops ain't going to send it over just because you asked. You're going to need to subpoena the records, and I couldn't tell you how.

Besides, irrespective of how many times this guy complained, if your dog was barking (and evidently the prosecutor thinks he was), those records won't get you acquitted.

excon

I can tell him/her how if he/she lives in the US. It's called FOIA (Freedom of Information Act). However, I'm not going to go into that until I know the location of the OP.

Quote:

---

irrespective of how many times this guy complained, if your dog was barking (and evidently the prosecutor thinks he was), those records won't get you acquitted.

---

Have to spread the love excon. But consider this a greenie.

It is totally irrelevant to just how many times this neighbor complained about you or anyone else for that matter. The Judge will not even look at the other complaint reports that the neighbor filed against anyone else. He will be looking at your case and nothing else. You will need to convince the Judge about your dog and not how many times this guy complained about anything.

Concentrate on your case or be prepared to pay the fine.

More important is how many times they have filed complaints against your dog. Perhaps witnesses of other neighbors who will say your dog does not "bark"

In the end, if your dog barks, and esp at night, expect them to win.

Quote:

---

Originally Posted by J_9

I can tell him/her how if he/she lives in the US. It's called FOIA (Freedom of Information Act). However, I'm not going to go into that until I know the location of the OP.


...

---

State FOIAs (as well as the Federal FOIA), are in addition to discovery available in civil and criminal cases. As discovery is normally more extensive, I believe the FOIA would be superfluous.

The only way previous complaint records MIGHT be allowed as evidence is if they have been dismissed as frivolous complaints. Otherwise they have no evidentiary value.

I have got complaints when I have been in Calgary and the dogs had been in Windsor Ontario. He has complained about parties that do not exist the police come to the door and no one here but me watching TV and in pajamas. I have talked to neighbors and they have no complaints about any noise. The police officer apolagized to me several times while writing the ticket in fact they stated that they never hear any noise from my place, and that the only reason they are giving the ticket is because he filed a complained about the police.

Hello again, l:

If you're not guilty of having a barking dog, then you can't be convicted simply on his say so. Therefore, you plead not guilty. When you're found to BE not guilty, you then file a civil suit against him for false arrest.

If you can PROVE it, then you'll win.

excon