Attorney

This is a discussion on Attorney within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by JerryMac I think the first thing you do if you have to be in a shooting incident, after surrendering your weapon to ...

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  1. #31
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    Array Mike1956's Avatar
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    Quote Originally Posted by JerryMac View Post
    I think the first thing you do if you have to be in a shooting incident, after surrendering your weapon to the proper authority, and after they read you your rights, is ask for a lawyer.....the questions stop there, and if you cannot afford one, one will be appointed to you. I would think in a stressfull situation, '' sorry to all LEO's out there'' , but to me shooting someone is a last option, and am sure it would after the fact have me thinking and pumped up, adrenaline flowing, emotions flowing, I want a lawyer. I do not want to incriminate myself over saying something, that is not justifiably correct, or that possible comes out wrong. I would not keep one on retainer, I would DEFINATLY want one if I had to discharge my weapon and shoot someone.
    More free legal advice. Thanks.

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  3. #32
    VIP Member Array jonconsiglio's Avatar
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    Quote Originally Posted by WHEC724 View Post
    This comes up periodically.

    I have a number of a good local attorney to call, and I don't pay a retainer. I don't know why anyone would?
    Take this for what it's worth, but one of the Reasons I could think of to keep an attorney on retainer is there's someone there to bail you out (depending of course) and act immediately on your behalf. Otherwise, family has to come up with the bail and that can take a considerable amount of time if we're talking something like $100,000, for example, because paying 10% to a bondsman is a fee and not refundable no matter the outcome and he actually puts up the $100,000 (I'm sure most understand this, just being clear). Coming up with $100,000 isn't always as easy as writing a check and you may need to put up the cars or the house. This can take some time.

    I'm not speaking from experience, just thinking back to a conversation I've had with my Dad about having an attorney on retainer.

    The only "advice" I have on this subject is to weigh your options and do everything you can to prevent bad situations from ever arising in the first place. I'm sure the state of residency will play a huge part in these decisions. If I was in Jersey I'd be more likely to retain an attorney than I would in Texas or Arizona.
    Proven combat techniques may not be flashy and may require a bit more physical effort on the part of the shooter. Further, they may not win competition matches, but they will help ensure your survival in a shooting or gunfight on the street. ~Paul Howe

  4. #33
    VIP Member Array jonconsiglio's Avatar
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    Quote Originally Posted by redstgunnut View Post
    I've carried a gun and practiced in criminal defense for the last twenty years.

    I wouldn't even accept a retainer from someone who had not yet been charged with a crime.

    If one of you guys in my jurisdiction called me, I'd spend a few minutes on the phone or even in person with you, give you my cell number, and consider you one of my brothers in arms. I'd much rather have you call me for anything you might need a lawyer for, and give my number to anyone you know who needs a lawyer, than cash one retainer check from you and never hear from you again. I cannot buy goodwill, I have to earn it, and taking money for something I might never do is not a great way to earn goodwill.
    Glad you're on my friend's list!
    Proven combat techniques may not be flashy and may require a bit more physical effort on the part of the shooter. Further, they may not win competition matches, but they will help ensure your survival in a shooting or gunfight on the street. ~Paul Howe

  5. #34
    Member Array redstgunnut's Avatar
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    Quote Originally Posted by jonconsiglio View Post
    Take this for what it's worth, but one of the Reasons I could think of to keep an attorney on retainer is there's someone there to bail you out (depending of course) and act immediately on your behalf.
    The rules of ethics, at least in my jurisdiction, prohibit an attorney from posting bond for a client. The most I can do is get access to a client in jail when no one else can, and that can help in the sense that the client can tell me where to find the key to the safe deposit box or the stash of cash or who to call or things like that. I can also file a motion to reduce the bond, but I cannot post it.

  6. #35
    VIP Member Array jonconsiglio's Avatar
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    Quote Originally Posted by redstgunnut View Post
    The rules of ethics, at least in my jurisdiction, prohibit an attorney from posting bond for a client. The most I can do is get access to a client in jail when no one else can, and that can help in the sense that the client can tell me where to find the key to the safe deposit box or the stash of cash or who to call or things like that. I can also file a motion to reduce the bond, but I cannot post it.
    Didn't know that, thanks. Is it possible to post the bond for them in there name? Is it possible to hold the money and provide it to family to post the bond? In speaking with my Dad about retainer a while back I could swear he mentioned something about this, but I've been wrong before. I do know my Dad received some hefty retainers from repeat clients. Which is pretty sad to think they were quite sure they'd up needing his services again.
    Proven combat techniques may not be flashy and may require a bit more physical effort on the part of the shooter. Further, they may not win competition matches, but they will help ensure your survival in a shooting or gunfight on the street. ~Paul Howe

  7. #36
    Member Array dbrow6272's Avatar
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    I have no intention to "shoot" anyone. I do appreciate the straightforward answers and will most probably seek out a good defense lawyer to have on file, just in case I do have to defend myself or my loved ones. I surely hope it never comes to that, but that is the reason all of us got that little card in the first place isn't it?

  8. #37
    Senior Member Array DoctorBob's Avatar
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    Consider joining Armed citizens Legal Defense Network. They will put a retainer down for you with a 2nd A attorney in your area. It is a lot cheaper than putting your own money down for an event thta will almost never happen. Plus, you get all sorts of useful educational material, a monthly journal, etc. As an ACLDN member I have access to 2A attorneys in almost every state and I use their referral list to locate one who practices nearby and carry his phone number in my cell phone. It really is a simple answer to a complex problem...
    'Guerir quelquefois, soulager souvent, consoler toujours.'

    "Socialism never took root in America because the poor see themselves not as an exploited proletariat but as temporarily embarrassed millionaires." (John Steinbeck)

    Good health actually just means dying at the slowest possible rate.

  9. #38
    VIP Member Array Sticks's Avatar
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    I'd rather have a really good criminal defense attorney, with a lot of experience in violent crime defense, than a "2A" attorney.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

  10. #39
    Member Array Marty Hayes's Avatar
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    Just to clarify, the ACLDN Network Affiliated Attorneys are members of the Network who understand the issues involved with concealed carry, understand the legal aftermath and are willing to assist our members with legal representation immediately after a self-defense incident. They are not specifically 2nd amendment attorneys. We (as of last count) have 198 attorneys in that last, scattered over 44 states. Not nearly enough, but we continue to add new attorneys.
    Marty Hayes, President
    Armed Citizens' Legal Defense Network, Inc.
    www.armedcitizensnetwork.org

  11. #40
    RKM
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    I have the numbers and names of a few good lawyers in my state, but I have never contacted any of them. I'd rely on my family to do the research and find the lawyer I need if I were to have charges pressed against me. It's something I hope I never have to go through. I fear the aftermath and legal matters FAR more than I fear the attack where I must use lethal force to survive. It's sad really.

  12. #41
    New Member Array CCBob's Avatar
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    Quote Originally Posted by Bob O View Post

    I also just joined the Armed Citizens' Legal Defense Network which should cover most costs in case I need representation. The free informational DVDs they send alone are worth the $85 per year membership fee. They will also find you a lawyer if the need arises.

    Bobo

    +1 +1 +1

  13. #42
    Distinguished Member Array ErnieNWillis's Avatar
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    Quote Originally Posted by jonconsiglio View Post
    Are you ever embarrassed of yourself? It's sad, honestly.

    Yep, photographer for about 5 years but I left the industry a little over 2 years to go into my current line of work full time. I'm not a trained killer. But I work in close protection and firearms training full time the past almost 2 years and part time in the industry for the past 6 years, roughly.

    I was going to reply about that last comment, but it would be like arguing about physics with my 6 year old. There is such a profound about of ignorance in those posts that there's no getting through and honestly no point in trying.

    I mean, who really cares? This would be like being on the Mercedes forum arguing with a burger flipper that owns a 92 Civic about the features my '11 E350 4-matic. what does he know? If he does know anything, that tiny bit of knowledge came from a magazine, not real world experience or training. A bit silly right?

    I don't understand you. You are so wrong, people actually tell you all the time, yet you still talk. I mean seriously, I'd be embarrassed that I was put in my place so many times by people with so much more knowledge than you. I seriously don't understand how someone can be so wrong and not even try to learn anything unless you are a liberal mouthpiece just trolling, or you honestly have some mental illness causing you to be this way. If that's the case, and I'm being 100% serious here and mean no harm, I apologize and will leave you alone when you make these drastic posts as I've seen how sad people with those illnesses lives are and I'd hate to prod someone that needs help. If there's something wrong in your life like family issues or illness, I'll keep you in my prayers.

    Per the opening post - No need to keep an attorney on retainer in my opinion. I don't see it as a bad thing though either because there's a lot more we need attorneys for that the slim chance we're in a self defesne shooting. When I need legal advice, I usually call my Dad in LA, but then I realized that even though it's close, there are differences between states, especially with self defense laws.

    EDIT - the only reason I even know about this thread is two different members were kind enough to let me know I was being "baited" (used by both members) by a certain member.

    Also, MadMac, I've asked for your background a few times now. The last time you never posted in the thread again. So please, tell us your background, your career and your training/eduction so we can truly understand where you're coming from in your posts and if you're speaking on your eduction/training, or just saying what you think based on neither training nor eduction. Eagerly waiting.
    Yes Jon I do admit that I baited you into the conversation but only because I so thoroughly enjoyed the verbal sparing with MadMac last week.

  14. #43
    VIP Member Array Sticks's Avatar
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    Yeah, that was interesting. Sorry I got in late on that one.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

  15. #44
    Senior Member Array stevem174's Avatar
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    Quote Originally Posted by OldVet View Post
    The thickest part of the Yellow Pages is the listing of attorneys. Are you concerned that you might not be able to find one if needed?
    Do you know what they call a Doctor that got Cs in school?........."Doctor". Same with Lawyers. I would like to research some names before I need one.

    Quote Originally Posted by glockrocker View Post
    How often to you intend on having to shoot someone? Might want to think about a location swap!
    I have no intentions of ever needing a criminal lawyer or a weapon but if I do I want both of them to function without fail.

    Quote Originally Posted by Sticks View Post
    Better to have Family members that can do the research and get a lawyer for you. Once you are placed under arrest, you are not gong to have a great deal of time or access to do some proper research to get you out of the local detention center.

    ON EDIT - I did try to do some research into that aspect a few years back, and only one was willing to talk to me, and it was $5k just to handle arraignment and bail.
    I would think that our family members would be under a lot of stress if we were being detained. Some pre-planning research could help ease everyone"s stress.
    Don't do things you don't want to explain to the Paramedics!

    Stupidity should be painful.

  16. #45
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by ErnieNWillis View Post
    Yes Jon I do admit that I baited you into the conversation but only because I so thoroughly enjoyed the verbal sparing with MadMac last week.
    Nothing verbal about it.

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