Lawyers; In The Event Of... - Page 3

Lawyers; In The Event Of...

This is a discussion on Lawyers; In The Event Of... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Paymeister The same sentiment was expressed by a CCW instructor I just met: he said, "If they ask if you have something ...

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  1. #31
    Member Array Tindjin's Avatar
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    Quote Originally Posted by Paymeister View Post
    The same sentiment was expressed by a CCW instructor I just met: he said, "If they ask if you have something to hide, say, 'No, I just don't trust cops...'" He went further, but it was a bit peppery.
    I'm sorry to be blunt but the CCW instructor is an idiot and anyone who follows that advice would have to be at least partially retarded.

    As said many times here, less is best. Don't describe the events, don't tell the officers anymore than identifying yourself and that you were attacked/defending yours or someone elses life. Contact a lawyer and say nothing else until you talk to him/her. My oldest sister was a ADA in Colorado and New Mexico and got this directly from her.


  2. #32
    Member Array 1911packer's Avatar
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    My suggestion is to first go lawyer shopping in your area, BEFORE you need one. Maybe ask some LEOs who they keep on retainer.

    Second, pick a lawyer and establish a relationship. Get his card, and ask him what to say/do if you ever have to shoot in self defense.

    Then, if SHTF, follow your lawyer's advice.

  3. #33
    Senior Member Array Super Trucker's Avatar
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    CelticWolf, this guy is somewhat local and seems knowledgeable about SD situations.

    Law Offices of James T. Simmons, P.C.
    45700 Village Boulevard
    Shelby Township, Michigan, 48315
    (586) 566-1900
    (586) 532-4110 fax
    jtsimmons@jtsimmons.com

  4. #34
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    Quote Originally Posted by mattd View Post
    What do folks find to be the best avenue for finding an Attorney with SD experience? I can't imagine flipping through the yellow pages blind calling firms to check how many SD cases they've represented!
    If you can find out what attorney the city prosecutor and local cops HATE going up against in court (because they get their criminal clients off or reduced charges) - that would be good. You want a sharp criminal defense attorney. An expert in the Second Amendment is great, but you really want a defense pit bull.
    Go Glock - until you can afford H&K

  5. #35
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    Quote Originally Posted by CCWINNC View Post
    4. Tell the Officer you will sign a complaint. Makes you the victim
    Is this inside baseball? What the heck is "signing a complaint" and who talks like that after killing someone?

    TIA
    Go Glock - until you can afford H&K

  6. #36
    Senior Member Array Sergeant Mac's Avatar
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    Quote Originally Posted by Catalina View Post
    If you can find out what attorney the city prosecutor and local cops HATE going up against in court (because they get their criminal clients off or reduced charges)
    Just make sure that's why they "hate" him - because he's effective in court - rather than because he's obnoxious or unethical.

    I've heard of lawyers "winning" cases by contacting witnesses or even LEOs, and telling them that they wouldn't be needed in court.

    Furthermore, your pet pit bull (or shark) might actually turn a jury against you.

    I take slight offense at the statement that the police are looking to place blame. Before any blame can be placed, it must first be determined what crimes, if any, have been committed.

    I wholeheartedly agree that, following a self-defense shooting, the shooter should wait, and probably contact an attorney, before going into detail about the incident. That being said, I think it's important for the shooter to make known SOME of the facts as soon as possible. These include the GENERAL justification for the shooting and any physical evidence thereof. "He attacked me. He had a gun/knife/baseball bat. There it is, over there. I was afraid he would kill me. Please collect all possible evidence. Please document the scene fully and as soon as possible. I'm still really shook up, and I don't want to go into this until I've recovered, but I DO intend to cooperate with the investigation. I want there to be no doubt about what happened. I just don't think that talking about it NOW, after my life was in serious danger, will help with that."

    The details will probably be a lot clearer, and your statement will be much clearer, hours or even days later.

    ....and if you've done nothing wrong, it serves your best interests to give the most ACCURATE account of events that is possible.

  7. #37
    Senior Member Array BruceGibson's Avatar
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    Shut up and ask for a lawyer. That's NEVER the wrong answer. The operative phrase is "shut up." What you DON'T say can't be used against you.

  8. #38
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    Quote Originally Posted by Catalina View Post
    If you can find out what attorney the city prosecutor and local cops HATE going up against in court (because they get their criminal clients off or reduced charges) - that would be good. You want a sharp criminal defense attorney. An expert in the Second Amendment is great, but you really want a defense pit bull.
    Caution!! You will have far better luck with a lawyer that I respect than one that I hate. I dont mind a lawyer that does a good job, thats part of the game. Plus, if I know and respect the lawyer, I might be much more willing to bargan. If I hate the lawyer, its game on. FWIW, a good lawyer doesnt need to go to trial much... 95% of his work is done before hand.
    "Just blame Sixto"

  9. #39
    Senior Member Array BruceGibson's Avatar
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    Quote Originally Posted by SIXTO View Post
    Caution!! You will have far better luck with a lawyer that I respect than one that I hate. I dont mind a lawyer that does a good job, thats part of the game. Plus, if I know and respect the lawyer, I might be much more willing to bargan. If I hate the lawyer, its game on. FWIW, a good lawyer doesnt need to go to trial much... 95% of his work is done before hand.
    What SIXTO says here is 100% FACT. If a LEO, DA, or State Attorney (Asst. State Attorney) has a problem with/hates your lawyer, then you're not gonna negotiate a plea, or see a charge dropped/dismissed. Unless the original charge is way outta the ozone--which is unlikely.

    It's generally forbidden for a bailiff, corrections officer, or LEO to refer an attorney, but if you're lucky enough to have one bend that rule, then listen. If the LEO's refer an attorney, then you want to give that consideration.

  10. #40
    Member Array 1911packer's Avatar
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    I'm not sure a criminal defense attorney is the right specialty. If you did it right, you haven't committed a crime.

    If you are in a big enough city, look for someone with a good track record representing self defense cases. He will have experience proving that it was a good shoot.

  11. #41
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    Quote Originally Posted by 1911packer View Post
    I'm not sure a criminal defense attorney is the right specialty. If you did it right, you haven't committed a crime.

    If you are in a big enough city, look for someone with a good track record representing self defense cases. He will have experience proving that it was a good shoot.
    If you are accused of a crime, I think you want a criminal defense attorney!
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
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  12. #42
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    Haven't read much of the thread but here's something I'd do.

    Point out to the officers - detectives physical evidence at the scene that will support your case.... you know what happened they do not.

    Guide-help them to the correct conclusion with as little talk as possible but accompishing this purpose. Their initial impressions are important.
    Old testament....Shooting to Live 1942
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    Newer testament... Kill or Get Killed 1976/1987
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  13. #43
    Ron
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    Like doctors, many lawyers tend to specialize in a particular area of the law. I agree fully with the suggestion that, if at all possible, you want an attorney who either specializes in, or who, at least, does a lot of CCW defense work.

    The analogy is that if you needed heart by-pass surgery, you would presumably want a heart surgeon who spends most of his or her time doing that type of operation, rather then doctor who does general surgery.

    Ron
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

  14. #44
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    It is unlikely that you'll find a lawyer that specializes in CCW work. There simply aren't enough cases to make a living. The best lawyer to use is the one local LEOs use if involved in a shooting. They know what to look for. And, they'll probably clue you in if you ask.
    "The only people I like besides my wife and children are Marines."
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  15. #45
    Ron
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    Quote Originally Posted by Echo_Four View Post
    It is unlikely that you'll find a lawyer that specializes in CCW work. There simply aren't enough cases to make a living. The best lawyer to use is the one local LEOs use if involved in a shooting. They know what to look for. And, they'll probably clue you in if you ask.
    That seems like good advice. I'll go along with that.

    Ron
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

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