A number of pre-trial motions may arise on animal cases, including the following:
As a condition of bond or pretrial release, consider ordering “NO animals in the defendant’s custody, control, or household.”
A Title 4 disposal actions allows a judge or order the “disposal” of an animal prior to resolution of the case. Consider ordering surrender of all seized animals, including those born and unborn from the seized animal.
Although Georgia does not yet have a specific statute on this there is nothing prohibiting a judge from ordering the defendant to post a bond for the cost of care of his/her animal pending the disposition of the case. If a defendant claims that the abused animal does not belong to him/her then consider deeming the animal abandoned, allowing the animal to be fostered or adopted.
Crawford v. Washington is the basis for a motion that allows documents and/or statements from any non-testifying or unavailable witnesses to be admitted. This motion may be filed to bring in testimony of out-of-state experts, such as those specializing in DNA analysis.
A prosecutor may file a pre-trial motion to admit all videotapes and photographs and any other evidence of the charged crime.
Although currently there is no “pet protective order” under Georgia law, a Judge can include the family pet when issuing a protective order.