Does the right to due process & probable cause apply to forfeiture seizures if NO criminal law is violated & there is No arrest

If there is no allegation made by the state's attorney that any criminal 42.09 animal cruelty law has been violated & no 42.09 probable cause is alleged in the application for the seizure warrant, can the State 821 Health & Safety Codes be used to gain forfeiture of animals that were well fed and healthy. DoesTexas have the right to violate the 1st,4th,5th,8th&14th US Amendments Can a Petition for Bill of Review be filed for these Constitutional Violations since the Justice of the Peace Judge stated his Court was a Court of No Record & that Constitutional Rights did not matter in his court during this Perponderance of Evidence Civil trial Can the State Atty. Gen. argue to the Court of Appeals that a Bill of Review filed within the 4 yrs. is a Wit of Error with only a 6 mth.limititation

Dallas, TX -

Attorney Answers (2)

Theodore W. Robinson

Theodore W. Robinson

Criminal Defense Attorney - Hempstead, NY
Answered

It sounds like you already know the answers to your own questions. You know the Constitution better than most lawyers, so why bother asking us for an answer?

The fact of the matter is your question is too multifaceted to be amenable to answering in this circumstance. If you want a detailed answer to all of this, I suggest you consult with a Constitutional law expert and get your answers.

Sounds like you've had certain animals confiscated without due process of law. Obviously, the Constitutional rights of which you speak exist even in a court without a record, despite what some Justice of the Peace says.

Good luck.

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Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Trademark Application Attorney - Bolingbrook, IL
Answered

I agree with my colleague - there is simply no way to answer your question without a complete review of the facts and all the documents, vet records, evidence, and court records in the case. Your local bar association (either the Texas Bar or the Dallas Bar) should be able to refer you to an attorney.

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