Castle doctrine question??

[ncsteveh]

The only person who is truly on your side when defending your family besides your spouse is the one you are paying for. They must be the second call.

[DefensiveCarry.com]

[torgo1968]

After using a gun to resolve a conflict:

Step 1: Call Police
Short Description of what happened....This man forcible broke into my house, I will sign the complaint, You know how serious this situation is and you'll have my full cooperation in 24 hours....
Step 2: Call Lawyer

This is pretty close to my script. I wouldn't even tell them what happened beyond: "I was in fear for my life and I discharged my firearm." Done. I wouldn't even say he broke in. What if they search the house and find no evidence of forced entry? I know, unlikely, but if you follow the letter of the law (fear for my life), you have everything covered and have given them absolutely nothing with which to get you.

[gatech33]

Yes, in any case of a shooting, I would definitely call my lawyer.

[macg19]

As per Mas Ayoob you should politely request a lawyer and do not make a statement. Say nothing to the press. This makes 100% sense as you still may be charged with murder. Goes for any SD shooting.

[noway2]

The instructor for my CCW class, ex LEO, said to tell them two things and shut your mouth:

1 - I want this person arrested
2 - I want a lawyer.

His comment about wanting them arrested was that only a doctor can pronounce them dead. By stating that you want them arrested, you are in essence asserting that your intentions weren't to kill, but to stop the threat.

[farronwolf]

Of course there are times when no lawyer is needed depending on the circumstances and where you live. Yea some folks hate it when it is brought up that Texas in general and certain other areas of the country look at things differently, but the fact is that it is true.

Couple of months ago one of my clients who lives 3 blocks from me shot someone who was in his yard approaching him with a steel pipe. He put a .357 into the guys leg. After he, his wife, his grandson, and the girl that was getting the crap beat out of her all gave statements at the PD, the only advise that the PD gave my client and his wife was that it might not be a bad idea to get their CHL's. If I remember correctly at least two officers gave that advise.

No lawyer was called nor was one needed. He wasn't taken into custody, and they simply scheduled a time that afternoon when they could all go down to the PD and give statements. They did keep the gun in question for a short period of time. I believe the officers might have even asked if he had others to keep around in the mean time.

[defensive007]

I have sat with a local attorney and he told me just that" SAY NOTHING BUT I WAS IN FEAR FOR MY LIFE"

[canav844]

Yes. While you may not be facing criminal charges there is also a civil suit to consider and to have a lawyer when you make a statement to the police is going to help make sure that the deck isn't stacked against you in a civil case where the burden of proof is much different.

Think of the lawyer as being like the gun, you don't want to have to use one, but if you do come across a situation where you need one, it is much better to have had one present and council you rather than to not have him there and lose a great deal.

[paching]

These are the only words coming out of my mouth "He entered my home without permission", "I was in fear for our lives" and "I want to speak with my attorney". Even though "the castle doctrine" is in full effect you can't play when it comes down to your rights or freedom.

[Bark'n]

You mean before you shoot the intruders? I would say no. Don't waste any time calling your lawyer with armed invaders inside your home. Deal with the threat first.

After you shoot them... Why wouldn't you call your lawyer? If you're squeezing pennies that tightly, maybe you shouldn't have a gun around.

Every time you shoot someone, probably should be consulting your attorney.

Why wait until after you've said so much to the police that they decide castle doctrine doesn't apply in your situation and decide to charge you?

I'm just sayin'

[Eagleks]

I'll discuss what happened, as soon as my attorney meets us downtown, because I'm sure that's where we'ld all end up no matter what anyway.

[oldcurmudgeo]

Yes. While you may not be facing criminal charges there is also a civil suit to consider and to have a lawyer when you make a statement to the police is going to help make sure that the deck isn't stacked against you in a civil case where the burden of proof is much different.

Think of the lawyer as being like the gun, you don't want to have to use one, but if you do come across a situation where you need one, it is much better to have had one present and council you rather than to not have him there and lose a great deal.

The reference to a civil suit as stated above is very important.

Never forget that the rules of evidence are entirely different in civil and criminal cases. Even though you are safe from criminal prosecution, you may say something that makes you a sitting duck for a civil case.

As for whether the castle doctrine protects you, it would depend on the wording of the law in the specific state so no one here can give a blanket answer.

But most important of all, if you are in a state where the castle doctrine has never been challenged in an appellate case, you can not be certain that your case will be the one where it is turned upside down with you falling out of the bottom.

So unless the law has been tested in your state, I would not count on it as 100% home free.

In our state, NC, it does not even become effective until December and we do have some liberal judges, so I would not count on it for a couple of years.

Which means if you are in a state with an untested law, you had better have a lawyer no matter how open and shut the event looks to be.

[apvbguy]

In FLA if it is deemed a "good" shooting you are immune from lawsuits from the the person or families regarding the shooting

[oakchas]

In FLA if it is deemed a "good" shooting you are immune from lawsuits from the the person or families regarding the shooting

Well first, somebody's got to do the "deeming." Until that happens, a lawyer is doing my talking, or at least present while I am talking.

Any shooting, Castle Doctrine or not:

1. I'm calling 911 first (If the BG is alive I don't want him calling first and pretending to be the victim).
2. When LEO arrives, I will say, "This person entered/attacked/threatened and I was in fear for my life. I will press charges."
3. If I'm asked any questions beyond that, I will say, "I'm really shook up right now and want to cooperate fully, but I would prefer to talk to my lawyer first... after I get some medical attention, I'm not feeling so good right now"

LEO is obliged to get you, or at least allow you to get, medical attention. Most times, even if they were going to arrest you, they will wait until you are discharged by the medical facility (so the state doesn't have any liability for your medical costs).

If you fire your weapon, you are most likely to need a lawyer at some point. If it was clearly a justified shooting, his involvement will be minimal, and inexpensive.

The more ambiguous "the facts of the case," "the forensics," "the logic of the event," the more time and talent will be required of your attorney. Hence, more $$$.

You need to know the law of your state, and even the attitudes of LEO and prosecutors in your area...

Just as prohibition made the sale of liquor legal throughout the US, there are still some "Dry Counties."
So, even if your State has Castle Doctrine and/or Stand Your Ground Laws, some urban areas (particularly) take a different stance on weapons, etc. i.e.: Compare Chicago to the rest of Illinois.

[defensive007]

It's better for nothing to ever happen , then when it does we will find out what really goes down