This week I received a criminal summons to appear in front of the district court to answer to a misdemeanor criminal complaint by a neighbor. It states: "Affiant says that on May 26, 2009, in XYZ County, Kentucky, Defendant unlawfully:
the affiant has a number of cats that have ran at large and allowing them to enter upon the affiants property after asking them to remove same."
Please note that this is a word by word transcript, in case you are wondering.
The original citation form, filled out by the local sheriff's department gives the following: KRS 999.000 Violation 02689, which is defined as "any misdemeanor charge not covered by the Codes." In other words, this misdemeanor falls under the local Animal Control Ordinance.
Here is where the problem begins. The above mentioned ordinance does not define a trespassing animal, cat, dog, whatever, as a misdemeanor.
I went to the County Attorney's Office and pointed this out. He insisted that I violated the County Ordinance. I asked the county attorney three times to point out the specific section in the Animal Control Ordinance that I have supposedly violated but he refused to do so. His answer was,"Just go in front of the judge and plead guilty or not guilty and then we are going to pre-trial where you will have a chance to tell your side of the story."
I then asked him to drop the charged but again, I received the same answer.
My question: Have my rights been violated under the Sixth Amendment when he refused to answer what I am being charged with specifically? Trespassing cats are not a violation of the law.
I am charged with breaking a non-existing law.
How should I proceed in this situation? I never thought you could charged with anything unless you break the law. This is very upsetting to me and my family.
Your expertise and insight is much appreciated.
the affiant has a number of cats that have ran at large and allowing them to enter upon the affiants property after asking them to remove same."
Please note that this is a word by word transcript, in case you are wondering.
The original citation form, filled out by the local sheriff's department gives the following: KRS 999.000 Violation 02689, which is defined as "any misdemeanor charge not covered by the Codes." In other words, this misdemeanor falls under the local Animal Control Ordinance.
Here is where the problem begins. The above mentioned ordinance does not define a trespassing animal, cat, dog, whatever, as a misdemeanor.
I went to the County Attorney's Office and pointed this out. He insisted that I violated the County Ordinance. I asked the county attorney three times to point out the specific section in the Animal Control Ordinance that I have supposedly violated but he refused to do so. His answer was,"Just go in front of the judge and plead guilty or not guilty and then we are going to pre-trial where you will have a chance to tell your side of the story."
I then asked him to drop the charged but again, I received the same answer.
My question: Have my rights been violated under the Sixth Amendment when he refused to answer what I am being charged with specifically? Trespassing cats are not a violation of the law.
I am charged with breaking a non-existing law.
How should I proceed in this situation? I never thought you could charged with anything unless you break the law. This is very upsetting to me and my family.
Your expertise and insight is much appreciated.
