June 20th, 2009 07:10 PM
Court appointed attorney in shooting ?
Ok i keep reading where if you do have to shoot in self defence everything says say nothing to the police wait till your attorney
is there. well i dont know about you guys but i dont have one on stand by ive never realy needed one and i cant afford one if i did so my question is court appointed attorney good or bad to ask for in that case
June 20th, 2009 07:57 PM
If you are ever involved in a shooting, the first thing you do is say "I would like to have an attorney present before I make any statements. Then, SHUT UP!
FWIW, a public defender is usually overworked and doesn't have the time to devote to YOU. In fact he can't put his other clients behind you and/or your case. So you just get to wait in line for him to have time for your case.
This means you don't get the "best" representation. My advice (speaking as an insider in the legal system) is to carry an umbrella insurance policy on your home which will cover the cost of your legal defense and or any civil judgment against you.
June 20th, 2009 10:06 PM
Public Defender quality varies per your location.
Sometimes you get a guy who just graduated law school and passed the bar as your lawyer. He has 53 other cases and is getting overloaded.
Other times, you will get a guy with 23 years of experience in everything from traffic to capitol cases & appeals. He has 200 cases going, but that's OK, because his office has 2 other lawyers that are his direct subordinates which read, prep and deal with "minor things" like pretrial conferences, motions and minutia like that..., a former cop as his in office investigator on staff, and 6 interns dedicated to research.
Still, other times you get a private attorney who does contract work for the PD's office. It's like having a private lawyer who is getting paid by the state for you. He has no incentive to throw you under the bus, both because he's paid by the hour (and will get paid by the state...) and wants more buisness from the PD's office, so getting you the best disposition possible literally IS his job...and his job security.
Your state, county or whatever political subdivision you work for has it's own "public defender culture".
Some are offices are well staffed, have investigators of their own (independent of the police & prosecutor's office) and full of experienced, dedicated trial attorneys for whom the prospect of a full on knock down, drag out, no mercy fight is just par for the course.
June 20th, 2009 10:14 PM
No, I wouldn't use a public defender on a speeding ticket. Also, a public defender isn't going to come running when you use your one phone call. They will be appointed after the first court hearing.
You do not need to have one on retainer, that is just silly unless you have some extraordinary circumstances. Do have a pro 2A attorneys name from your area, and at least attempt to speak with him prior to needing his services.
June 20th, 2009 10:32 PM
I confess that I don't know that much about the legal system, but I am under the impression that you must first be charged with a crime and arraigned in a court of law before a public defender will be appointed to represent you - and then only upon your request.
I agree with Sixto - try to speak with a pro 2A attorney in your area, even if it's only for a few minutes. Explain your concern and that you would like to be able to call him if ever you require his services. A good attorney will provide you with his phone number and should be glad to take your call any time of the day or night.
One last thought - you have a right to defend yourself regardless of your financial situation. Yes - it will likely be very expensive if you have to entangle with the legal system. Not to mention the psychological trauma, dealing with friends/family, and so on. You'll just have to deal with it. Part of the responsibility you assume when you decide not to be a sheep.
But you will be alive, which is better than the alternative.
June 20th, 2009 10:59 PM
I just love when people start talking about "a good attorney".
Originally Posted by MJK
Speaking as one, taking your call is one one thing.
Expecting anything to be done when that call is another.
If you want a lawyer to get moving at 1:45 AM to come see you, you'd better have a previous relationship with that guy were you paid promptly and in full, or have someone with cash on hand make the call & meet the lawyer to pay them.
I've done several late/emergency calls before. They suck.
Unless I know I'm getting paid for my time, I'm not moving.
Yes. I know you are having a life altering experience; however, I work for a living and don't give service away for free.
I'm not asking for much when I do these calls, mind you. If you want my carcass out of bed and rolling to meet you when I have work tomorrow, someone better have 5 crisp $100 bills & starbucks for me.
If they or someone else can't handle that, then they can't afford even modestly priced representation.
Your right to counsel is one thing - being able to afford it is another.
That's something to consider in preparing for a use of force incident: The cold reality is the aftermath is NOT cheap and merely because YOU are having an emergency, do not expect everyone to drop their lives and run to help you...UNLESS you have prepared for the situation properly...
June 21st, 2009 12:28 AM
A lot of folks are under the misconception that just because their bank account is empty and they think they can't afford an attorney, one will be appointed. It's the "can't afford portion" that's the problem. If you own any property, have equity in your home or a retirement account etc., the court may very well just tell you that you can indeed afford an attorney.
But all that aside, you should check around and find a criminal defense attorney with a good reputation and give his/her office a call. Even if you only have their card, you'll at least know who to call if and when you need their help. Of course, having them on retainer is the best option.
ALWAYS carry! - NEVER tell!
"A superior Operator is best defined as someone who uses his superior
judgement to keep himself out of situations that would require a display of his
June 21st, 2009 12:39 AM
MitchellCT is right, but as an attorney I'll add one little wrinkle: you can pay me with a gun. Have a nice day.
June 21st, 2009 12:44 AM
Originally Posted by redstgunnut
June 21st, 2009 12:53 AM
Check out the Concealed Handgun License Protection Plan(CHLPP is a legal services membership organization for concealed handgun licence/permit holders). I just got my membership about 2 weeks ago. They are in all 50 states as of now. Individual membership coverage in $129 per year. They send you a card with a number to contact a defense atty. 24/7 365.
June 21st, 2009 08:14 AM
HAPPY NEW YEAR
June 21st, 2009 12:31 PM
Originally Posted by Jmac00
If I come home at 1:00 a.m. and my heat isn't working, I'm already up and dressed and able to go to a motel if necessary. I'm not going to call ANYONE to come "help me."
I WILL call at 8:00 the next morning to have someone come look at why the heat ain't working. If it takes a day or 3 that's fine. Just expect that if it DOES take 3 days before you show up, I'll likely have called your competitor to come out and fix the problem before you even get there.
FWIW, I know that I will do this because the furnace in my house failed last December. No heat, sub freezing temps and feathered pets in the house. My solution? Fire up the space heater for the birds and pile on the blankets for us. 3 days later we were cozy warm with the new system. No "middle of the night emergency fee" required.
Completely different story if someone calls me at 1:00 a.m. to help them get out of jail. My advice: Carry personal liability insurance and call a bailbondsman. Then come see me in the morning.
June 21st, 2009 05:04 PM
Regardless of whether you use a PD or private counsel, you will need a lawyer experienced in shooting cases, or at least pro 2A. As suggested by others, have a lawyer's name and prior conversations with him about being called out in the early morning hours. You can usually deposit a retainer with his office for expected services. Until you talk to him - SHUT UP. At this point, the police are NOT your friends. "Officer, I'll be happy to make a full statement and answer your questions as soon as I've spoken to my lawyer and have him present." Until then just keep repeating, "I shot because I was in fear of my life."
One other thing - never, NEVER apologize for shooting. A good DA will take that and run with it. An apology may indicate regret which is non sequitur with defending your life.
June 21st, 2009 06:21 PM
I've never heard of them..
Originally Posted by Bigpoppa48
Don't some states require you to keep your gun in plain view when in a vehicle?
# What to do if you are stopped...
# Follow these guidelines to exercise your constitutional rights:
# Make sure your handgun is not in plain view.
Sounds like it would be a good insurance though
June 21st, 2009 06:54 PM
Do you hate all deadbeats who expect you to drop everything, come save them and then stiff you on the bill...or just lawyers who tell it like it is and don't sugar coat things to tell you what you want to hear?
Originally Posted by Jmac00
Just make it clear for me, OK.
I'm in a service industry. I don't sell product - just my time and abilities.
Once I act, that's it.
I don't get to reposes saving you from yammering to the cops, take back preventing them from interrogating you without representation or undo accompanying you at arraignment while coordinating with your family and a bondsman for your release.
You want the service? Pay the money.
Being a lawyer isn't my hobby - it's my job, and one for which I expect to be compensated for.
I imagine it's the same as you, but at least when you work on someone's house and they don't pay you can file a mechanic's lien and insure you will be paid.
Me? I extend credit to someone who stiffs me - POOF. No money...
So. Wanna talk about how people get over on you?
I'll see you, and I'll raise.
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