Speak to attorney first?

This is a discussion on Speak to attorney first? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; First post here. Here's a quick scenario with a question to follow: You are threatened by a man with a knife, you draw your weapon ...

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Thread: Speak to attorney first?

  1. #1
    New Member Array ksuwildcat's Avatar
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    Speak to attorney first?

    First post here. Here's a quick scenario with a question to follow: You are threatened by a man with a knife, you draw your weapon and he flees without you needing to fire upon him. When you call the police to report the incident should you contact an attorney before even explaining what happened to the police? Seems like you could inadvertently implicate yourself just by describing what happened. At what point, if at all, do you consult an attorney?

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    VIP Member Array Dal1Celt's Avatar
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    You should already have an attorney. I'd call him first then depending on what he says LEO's.
    "Without fear there can be no Courage!"

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    Distinguished Member Array nutz4utwo's Avatar
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    Welcome to the forum,

    Get to a safe place and call 911 ASAP. Give basic info and description of what he looked like, what he did, and which way he went, also tell dispatch you are armed and your location. Tell the responding officers the same (i.e. man pulled 3 inch black knife on me, i drew pistol, he flew that way. White male 6 foot, black short hair, white t-shirt, bluejeans...). Follow all their instructions about safety and your pistol.

    Yes, it is good to consult with an attorney before talking to the police, but I will help them respond to an emergency situation with as much info as possible and appropriate.

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    I'd just call the police. Your just reporting an incident, same as if you were in a traffic accident. Give them the facts only and don't worry about the lawyer unless they start asking questions that do not pertain to the information that you gave them.

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    Call first. The first one to call is almost always considered the complainant. If he calls before you and claims you pulled a gun on him for no reason, you will have more difficulty being believed.

    You didn't shoot him, why wouldn't you report an attempted armed robbery? You are the victim, by reporting the crime you give some credibility to your actions with the LEO's and DA.
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    Welcome...

    from Central Florida!

    You stopped a situation where there was no real action taken other than the dirtbag running away???

    No need for an attorney, just call the PD and explain your situation.
    Be sure you were defending yourself or those around you from a percieved threat. A man with a knife IS A THREAT...he ran away...call 911 immediately.

    Stay armed...use common sense...stay safe!

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    Member Array RobR369's Avatar
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    This might be a stupid question, but why even declare that you pulled a weapon? I can understand calling and notifying police concerning the incident with description of perp, but unless there are witnesses, I dont think I would even say anything about me pulling my weapon.

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    Member Array Dakota97's Avatar
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    Quote Originally Posted by RobR369 View Post
    This might be a stupid question, but why even declare that you pulled a weapon? I can understand calling and notifying police concerning the incident with description of perp, but unless there are witnesses, I dont think I would even say anything about me pulling my weapon.
    well, there was one witness, the guy you pulled the gun on. If he files a complaint on you for threatening him with a weapon before you report it, you could be the one in trouble.
    NRA life member.

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    VIP Member Array rottkeeper's Avatar
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    If you don't tell the police that you pulled the gun and they find out later you will lose credibility about the whole incident.
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    VIP Member Array miklcolt45's Avatar
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    Quote Originally Posted by RobR369 View Post
    This might be a stupid question, but why even declare that you pulled a weapon? I can understand calling and notifying police concerning the incident with description of perp, but unless there are witnesses, I dont think I would even say anything about me pulling my weapon.
    And there may well be other witnesses you didn't see.
    While you are drawing down on BG, they are dialing 911 and reporting a man with a gun.

    Best to call, report the crime attempted, and have that on file, hopefully first.
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

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    Senior Member Array Divebum47's Avatar
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    When you call the police to report the incident
    I guess I'm curious as to why you would call the police. The incident is over, the perp is gone and the point is moot. You have succeeded in defending yourself without firing a shot. I think I'd go home, pour myself a glass of single malt and celebrate the fact that because I've exercised my 2nd Amendment rights I have not become a statistic. The only time I would call the police is if I had to fire my weapon in self defense.
    "Never underestimate the power of stupid people in large groups"

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    Member Array jimbosyn's Avatar
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    I would personally call. I think it is better to be safe than sorry in this scenario. If the BG calls later and reports a guy pulling a gun on him, you would be more likely to be believed. Just my 2cents...

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    VIP Member Array matiki's Avatar
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    I would call my attorney first if there is no ongoing threat.

    Self-defense is affirmative. You are affirming that you committed what would otherwise be a crime (brandishing, assault), and you need to show that you are not guilty of a crime due to circumstances.

    It's your word against his, and you are admitting you drew a weapon. What happens when he tells a different story, and doesn't turn out to be the unbelievable dirt bag you assumed he was (i.e. no record, A student, track star, etc).
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    Call

    Quote Originally Posted by TX-JB View Post
    Call first. The first one to call is almost always considered the complainant. If he calls before you and claims you pulled a gun on him for no reason, you will have more difficulty being believed.

    You didn't shoot him, why wouldn't you report an attempted armed robbery? You are the victim, by reporting the crime you give some credibility to your actions with the LEO's and DA.
    Quote Originally Posted by rottkeeper View Post
    If you don't tell the police that you pulled the gun and they find out later you will lose credibility about the whole incident.
    ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑

    Better to be the complainant.


    Quote Originally Posted by Divebum47 View Post
    I guess I'm curious as to why you would call the police. The incident is over, the perp is gone and the point is moot. You have succeeded in defending yourself without firing a shot. I think I'd go home, pour myself a glass of single malt and celebrate the fact that because I've exercised my 2nd Amendment rights I have not become a statistic. The only time I would call the police is if I had to fire my weapon in self defense.
    See below:

    Quote Originally Posted by miklcolt45 View Post
    And there may well be other witnesses you didn't see.
    While you are drawing down on BG, they are dialing 911 and reporting a man with a gun.

    Best to call, report the crime attempted, and have that on file, hopefully first.
    ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑

    My biggest concern isn't that the BG will call. Rather that a third party (maybe anti RKBA, maybe from an angle that didn't see the BG, maybe got there late in the action, maybe etc) dropped the dime.

    You don't call. You drive away. The third party reports what they think they saw -- complete with your plate number.

    BTW -- See: http://www.defensivecarry.com/vbulle...g-serious.html
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    Member Array abjz71's Avatar
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    if it leaves your holster you have a phone call to make

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