Should the better half keep quiet?

Should the better half keep quiet?

This is a discussion on Should the better half keep quiet? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I have a question that i have been wondering about. Suppose your involved in a shooting. Your safe. Your girlfriend, wife, etc is safe. BG ...

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Thread: Should the better half keep quiet?

  1. #1
    Senior Member Array highoctane's Avatar
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    Should the better half keep quiet?

    I have a question that i have been wondering about. Suppose your involved in a shooting. Your safe. Your girlfriend, wife, etc is safe. BG is dead. I know to call 911, keep my mouth shut, ask for a ride to the hospital and so on. What about the girlfriend or wife? Should they keep quite? Im sure any officers there are going to ask "Did you see what happened?" Could anything she says affect the outcome? Im sure they will be shaken also. What are everyones thoughts on this?


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    My wife and I have discussed the routine...
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    Quote Originally Posted by retsupt99 View Post
    My wife and I have discussed the routine...
    I think you have it right. Z
    An ounce of lead is worth 200lbs of cop.

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    Member Array oldogy's Avatar
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    She probably fainted and saw nothing or can't remember what she did see.
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    Member Array ezenbrowntow's Avatar
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    We feared for our lives and would like to have our attorney before we discuss things any further.
    Last edited by ezenbrowntow; June 29th, 2009 at 11:20 AM. Reason: edit
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    VIP Member Array Kerbouchard's Avatar
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    I had a question about this a little while ago...here was the thread from when I had asked...It's closed, but still has some good info although most ended up ignoring the topic and posted about what they would or would not say.

    http://www.defensivecarry.com/vbulle...-shooting.html
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    Senior Member Array BamaSteve's Avatar
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    This is a good point that I have not thought of. Will def. have a chat with the fiance, as well as find myself a lawyer in the event I need one.
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    Distinguished Member Array Bunny's Avatar
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    Quote Originally Posted by ezenbrowntow View Post
    We feared for our lives and would like to have our attorney before we discuss things any further.
    Ding, ding, ding...we have a winnah! DON'T talk to the police and don't let your better half do it, either.
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    Senior Member Array TucAzRider's Avatar
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    WOW.. There has been so much talk about talking/not-talking to LEO if a self-defense shooting was to acure,. My question that I have to throw out there is from time to time you hear the morning after "guy was shot in self-defense" on the news and they add "no charges was filed" ... If you/we don't talk with the LEO's to tell them what just happened, they are forced to arrest us and book us for murder until the attorney gets it ironed out??? So sitting behind bar's is a given???

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    Senior Member Array Stirling XD's Avatar
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    I'm not a lawyer, so this is simply my understanding of laws. I've always heard that one spouse can't be compelled to testify against the other. I think that's true in most states so that would protect you if the other person was your spouse.

    But if it was a fiancé, bf/gf or a friend, things are different. If you are not at risk of being charged, it's not so easy to plead the fifth. Witnesses can be compelled by the court to testify. If they fail to repeat information that they have already given, they can be charged with contempt and end up in jail.

    But I suppose that immediately after a shooting, being charged as an accessory is a legitimate concern. They can then refuse questioning until they get a lawyer. By the time the DA assures them that they won't be charged, you would have the opportunity to consult with your lawyer and proceed appropriately.

    Like I said, I am not a lawyer. I am making these assumptions based on watching too much “Law and Order”. I would love to hear from a real attorney.

  11. #11
    Distinguished Member Array GWRedDragon's Avatar
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    Quote Originally Posted by Stirling XD View Post
    I'm not a lawyer, so this is simply my understanding of laws. I've always heard that one spouse can't be compelled to testify against the other. I think that's true in most states so that would protect you if the other person was your spouse.

    But if it was a fiancé, bf/gf or a friend, things are different. If you are not at risk of being charged, it's not so easy to plead the fifth. Witnesses can be compelled by the court to testify. If they fail to repeat information that they have already given, they can be charged with contempt and end up in jail.

    But I suppose that immediately after a shooting, being charged as an accessory is a legitimate concern. They can then refuse questioning until they get a lawyer. By the time the DA assures them that they won't be charged, you would have the opportunity to consult with your lawyer and proceed appropriately.

    Like I said, I am not a lawyer. I am making these assumptions based on watching too much “Law and Order”. I would love to hear from a real attorney.
    Bingo. However, there is no reason they have to answer questions on the spot. They could just as easily talk to a lawyer first...the only time anyone has to answer anything is when under subpoena in a courtroom.

    The funny thing about Law and Order is that they have at times ignored privilege...I don't remember the exact episode, but a lot of times if you pay attention you will notice they ignore things for the sake of the plot. Of course, I'm not a lawyer either, but the whole legal system is based on the assumption that the law is understandable to the common man.
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  12. #12
    Member Array Chiller2's Avatar
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    Something simple and believable would be best "Officer I was scared for my life I am to upset to think straight now but I would be glad to give a statement after I have calmed down and recovered.

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    VIP Member Array BenGoodLuck's Avatar
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    The best, and only advice, is to politely tell the officer that you would like to speak to your attorney. Don't say anything else and if asked any questions just reply "I'm waiting for my attorney."
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    Member Array TravisABQ's Avatar
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    Quote Originally Posted by Stirling XD View Post
    I'm not a lawyer, so this is simply my understanding of laws. I've always heard that one spouse can't be compelled to testify against the other. I think that's true in most states so that would protect you if the other person was your spouse.

    But if it was a fiancé, bf/gf or a friend, things are different. If you are not at risk of being charged, it's not so easy to plead the fifth. Witnesses can be compelled by the court to testify. If they fail to repeat information that they have already given, they can be charged with contempt and end up in jail.

    But I suppose that immediately after a shooting, being charged as an accessory is a legitimate concern. They can then refuse questioning until they get a lawyer. By the time the DA assures them that they won't be charged, you would have the opportunity to consult with your lawyer and proceed appropriately.

    Like I said, I am not a lawyer. I am making these assumptions based on watching too much “Law and Order”. I would love to hear from a real attorney.
    If you've seen those videos on Youtube which have been mentioned and linked many times, you should view them again and seriously consider WHY exactly you think that ANYBODY questioned by police can be CERTAIN that he is at no risk of being charged.

    I had a wife once who I was certain would babble her head off to police if I ever had a situation.

    Find out if people close to you can keep their mouths shut.

    Nobody talks their way out of jail, but lots of people talk themselves in.

  15. #15
    Member Array grandma4's Avatar
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    Gonna address that question in the next "after deadly force class" with the attorney who gives advise in that class. It's a good question.
    2 Chronicles 7:14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

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