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; This maybe a well covered question. What happens if you have to take someone? Should you talk to the LEO's or immediatly ask for a ...

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  1. #1
    Member Array CelticWolf's Avatar
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    Lawyers; In The Event Of...

    This maybe a well covered question. What happens if you have to take someone? Should you talk to the LEO's or immediatly ask for a lawyer?
    Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour. 1 Peter 5:8


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    Member Array steve63's Avatar
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    Tell the officers that you will cooperate fully, but this has been a traumatic experience. Just give me twentyfour hours, so I can contact my attorney. Never give a statement until you talk with an attorney, preferably one that deals with self defense and/or concealed carry. IMHO. Anybody else? There also may be another thread on this issue as well.

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    First, thank the officer for coming to the scene. Tell him/her that you feared for your life and shot the perp, and that's it. Call your lawyer immediately and say nothing else. Read Massad Ayoub's book "In the Gravest Extreme" for more on this topic. You are likey to be handcuffed, taken to jail, fingerprinted, and "interviewed". The police are at the scene to investigate the shooting, whether you are innocent or not. They are gathering the evidence and have not yet formed a decision as to your guilt or innocence.

    Shooting someone is a huge deal and not to be taken lightly.

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    Quote Originally Posted by Hubs View Post
    First, thank the officer for coming to the scene. Tell him/her that you feared for your life and shot the perp, and that's it. Call your lawyer immediately and say nothing else. Read Massad Ayoub's book "In the Gravest Extreme" for more on this topic. You are likey to be handcuffed, taken to jail, fingerprinted, and "interviewed". The police are at the scene to investigate the shooting, whether you are innocent or not. They are gathering the evidence and have not yet formed a decision as to your guilt or innocence.

    Shooting someone is a huge deal and not to be taken lightly.
    May I suggest that instead of saying, "I shot the perp..." Might you change that part to say, "I shot to stop the threat."...OMO (Say as little as possible, although you may want to say a lot more...)

    Stay armed...stay safe!
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    VIP Member Array stormbringerr's Avatar
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    what ever you say. say as little as possible until you talk to an attorney. don't act aggressive when leo arrives.
    -----------------------------------------------------------------------------------------------------------------

    Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
    ― Thomas Paine

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    I chatted with a gun-law lawyer a few days ago, making his acquaintance just in case I might need him in the future. He said to hold off on saying anything after an event until one talks to one's lawyer - the cops will tell you that your silence means you have something to hide, but he said "that's BS!"

    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.

    Ayoob (In the Gravest Extreme) and Kenik (Armed Response) stress that the cops are seeking to place blame rather than seeking to pat a permit-holder on the back.

    Hope this helps.

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    Member Array crankshop1000's Avatar
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    I'd tell the LEO that you intend to cooperate fully,but the traumatic experience of being in fear of your life has you in need of medical attention. Use the time to gather your thoughts and contact an attorney if you choose to.

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    VIP Member Array tns0038's Avatar
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    Make sure you call 911 and report the incident immediately, and tell the operator that you where just attacked, and need assistance. Then stay with 911 operator until the first officer arrives. When the officer arrives, make sure you holster your firearm, and as soon as the officer walks up tell the officer, that (that person) attacked you with that (weapon), and that you asked those witnesses to stay so you can get their statement.

    As the officer calls in for the investigative staff, I would walk over and take a seat, calm down, and call my attorney. When the investigating officer gets around to taking your statement, tell him/her that the BG attacked you and you defended yourself, and that your very shaken and your attorney asked that you say nothing else until you have a chance to meet with him.

    The reason I say speak briefly with the LEO when they arrive is they are going to quickly come to a conclusion as to who the BG is.

    And since the BG lying dead on the ground, is not going to be saying anything to anyone, you need to make sure the officer is pointed in the right direction.

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    I've never been through it, but saying nothing matches with all the research I have done. Telling the police you want to speak with your lawyer and wait 24 hours is what they will get if they are involved in a shooting. Need time to calm down and lose some of the adrenalin.

    I hope it never comes up, but I hope I can remember to follow this advice if it does happen. I do already have the lawyer I will call. He is a strong on 2A rights and has defended a number of cases. The guy that does your will probably isn't the right lawyer to call.

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    "This man attacked me and I was forced to defend myself. There is his weapon. I want to give a full statement and file a criminal complaint after I have consulted with my attorney."

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    Ron
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    First, you should be the one to place the call to the police, if possible. This at least helps to create an initial first impression that you are the good guy, since BG's don't usually call the police.

    The wisdom about what to say and not to say when the police arrive is pretty unanimous among knowledgable attorneys. Say only somethng like, "I feared for my life, and will be happy to cooperate with you once I have spoken to my attorney." There is only a potential downside to saying anything more, and nothing to be gained, although there is a natural instinct to want to do so to justify what happened. Resist!

    Also, as already suggested, it is very important to have made prior contact with an experienced and competent attorney knowledgable in CCW matters, and to have his or her telephone number in your speed dial.

    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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    Member Array rscalzo's Avatar
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    When I agree that running off your mouth is not the way to go, evidence and witnesses will disappear if not obtained quickly. By keeping quiet for 24 hours, you may lose the change to prove your side of the story quickly. While you might very well have your story verified, it might take weeks instead of hours at a cost to you that can't be believed.

    Remember, lawyers are getting paid to represent you. They aren't going to tell you NOT to use their services.
    Richard Scalzo, Capt.
    Secaucus PD
    Secaucus, NJ
    Retired !!!!

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    Quote Originally Posted by rscalzo View Post
    When I agree that running off your mouth is not the way to go, evidence and witnesses will disappear if not obtained quickly. By keeping quiet for 24 hours, you may lose the change to prove your side of the story quickly. While you might very well have your story verified, it might take weeks instead of hours at a cost to you that can't be believed.

    Remember, lawyers are getting paid to represent you. They aren't going to tell you NOT to use their services.
    I agree with rscalzo, but I also think it is a good idea to have a good represenative. Selection is key. 90% of lawyers are nothing but salesmen. I go to court for criminal cases about three days week give or take. It is rare when I find an attorney that really knows his stuff and will go to bat.
    If you do things right, you wont need an attorney anyway, but it is nice to have someone hold your hand through the process.
    "Just blame Sixto"

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    Member Array S3ymour's Avatar
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    I was taught to say that I am shaken up about the threat on my life, and that I would like to exercise my fifth ammendment right and contact the best lawyer I can afford.

  16. #15
    Member Array CelticWolf's Avatar
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    Thanks for all the responses. Guess I need to go talk to a lawyer in case anything happens.
    Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour. 1 Peter 5:8


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