Call the PD, Sheriff, DA and inquire about the disposition of the case.
This is a discussion on Mirandized, question for LEOs within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This march a fella tried to pull a gun on me in a gas station parking lot. I was unarmed at the time (bad call), ...
This march a fella tried to pull a gun on me in a gas station parking lot. I was unarmed at the time (bad call), but managed to restrain and tenderize him for his trouble--no shots fired. He was arrested. Turns out he was a felon.
Prior to giving my statement (with him already in jail) I was mirandized, I take it for the assault, which the sheriff aleady knew about. Now, at the time, he told me "Nice job", he showed me the guy's statement on DVD during which he said "I think you pulled a gun on the wrong guy" to the bad guy.
It's been 10 months since the incident. Am I in the clear, or do I still need to be concerned?
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Call the PD, Sheriff, DA and inquire about the disposition of the case.
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Short on details of the incident pursuant to the incident...but you should be golden.
But as Guantes said...make a simple phone call to the local Prosecutor (it should be in their hands by now for sure) and ask.
If you haven't been charged already (and I see no reason why you would have been anyway) you are most likely in the clear.
One ? though....
Were you actually arrested or just questioned?
If some guy pulled a gun on you, and you rightfully defended yourself with fists, why where you Mirandized to begin with? That would be my question.
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I do not think this person should ask anyone anything on his own. I think he should go to a private defense attorney, explain what he just wrote above, and let the attorney do the asking. There was a reason he was Mirandized. That reason might be that we was under arrest, something which the OP should really know if it happened, or the officer just sort of made the statement without thinking about it.
I don't see how the OP could have been arrested without him actually knowing about it, without being bonded out, etc., without some court date being set. Yet, it is possible that without knowing what actually happened he is presently a fugitive.
By inquiring on his own he might open a Pandora's box for himself and get himself locked up.
Get advice from a defense attorney.
Were you fingerprinted? You'd have to be fingerprinted if you were arrested for a criminal offense. If not, I'd say you are ok.
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You could have been read Miranda due to the investigating officers not knowing what actually had happened yet. If they pull up and one guy says the guy pulled a gun on me so I restrained him and the other person tells another story, the officers must determine who is telling the truth. If the other guy was arrested and you were not, I would assume they believed your story and the Miranda Rights were only used so any statements by either party could be used in trial just in case the assault ended up being different than what they believed. They were probably just covering their butts until they knew for sure who the bad guy really was. The problem nowadays is that officers are being taught to use Miranda way to often and before it is actually needed.
In our department is was policy to mirandize anyone who we were questioning that may have commited any sort of crime. They mirandized you just to be safe in case you admitted to a crime. Since self defense is not a crime, and it's been 10 months you should be in the clear.
When only cops have guns, it's called a "police state". Love your country, but never trust its government.
-- Robert A. Heinlein.
Mirandizing is required when three things are present: Cops, custody, and questioning. That said, and as noted, many in law enforcement Mirandize not from mandate, but from policy practice.
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It also gives another message, if they want to discuss it.... don't contact you, but the attorney as you are at that point "represented".
I had a friend once say , "they can't do that, I"m going to go down and talk to them". About 1 hr later I received a call that started out, "Don't say anything, I only have 3 minutes..... I"m in jail and need an attorney and bail quick.... can you take care of that for me , and get ahold of my sister".
He didn't appreciate me laughing the whole time.
I've seen attorney's do this many times and in many situations. Some , if they know you, will do it for free & most for a minimal charge. Well worth it.
Believe me, if you show up.... they may just throw things out there to see how you will react and / or what you will volunteer .....
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It would seem counter productive to the investigation, especially if the victim is the one getting Mirandized.
I get my Miranda rights read to me, my mouth just got glued shut and am "Lawyering Up" as they say, regardless of the situation. Not to mention it would really me off if I was in the OP shoes. This is not the EU. We are allowed to defend ourselves against an armed attacker. Double bonus if you manage it being unarmed.
"Yes officer, I understand the rights you just informed me of. I would really like to be able to help with your investigation of the other individual with the gun, however at this time I do not wish to make any statements until I have an attorney present.
I refuse to partake in a fishing expedition.
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investigating a crime.
That statement is now a public record ( or will be when the perp case is adjudicated. )
If you were ever sued civilly it could be used against you.
In regard to criminal prosecution against you - almost impossible.
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know your rights!
"If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
Perhaps the felon's case has yet to go to trial. Then, perhaps, he's acquitted on a technicality.
He gets an attorney to dredge up your statements to the police, and sues you for assault.
I don't understand why you didn't have a lawyer within twenty minutes of the incident. You pummeled a person. Was it self-defense? I think so, but I certainly wouldn't be blabbing to the cops and hoping it all works out. The cop told you "nice job"? I'll bet you he didn't put that comment in his report. The cop's opinion is worthless. At this point in the "investigation", the cop is only a guy taking down notes for the DA.