Castle doctrine question??

Castle doctrine question??

This is a discussion on Castle doctrine question?? within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; In a home invasion situation where the castle doctrine takes affect is there a need to get your attorney involved?...

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  1. #1
    Member Array defensive007's Avatar
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    Castle doctrine question??

    In a home invasion situation where the castle doctrine takes affect is there a need to get your attorney involved?
    I have yet to be attacked by a block of ballistic gelatin but.........


  2. #2
    VIP Member Array farronwolf's Avatar
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    Even if I did know the exact statutes for FL, I still couldn't answer that question as it would depend solely on the circumstances of the event.

    Do you have a specific scenario in mind or are you asking as a general rule?

    If the question is as a general rule, I would tend to say probably.
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    VIP Member Array searcher 45's Avatar
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    Need more info!!!!!!
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    VIP Member Array mcp1810's Avatar
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    Well, what will it cost if you do and what could it cost you if you don't?

    The police are not out to get you. They don't get a free toaster if they make so many arrests in a month. But a natural stress reaction is to run off at the mouth. People want to explain why they did what they did. Your brain functions with a very delicate chemical balance. Acute stress causes a chemical dump that is designed to help keep you alive. Unfortunately, those chemicals don't help you give a clear and precise narrative. While they cops aren't out to get you, they aren't your buddies either. If you talk with them and your story changes (because you remember something now speaking with the detective you didn't when you talked with the 9-1-1 operator) they are going to wonder why. Is it because of the chemical dump and stress, or do you just think this will sound better than the story you gave before?

    Most departments I am familiar with allow an officer up to forty eight hours before they have to give a statement following a shooting. Most police unions advise their officers not to make any statement without a lawyer or at least a union rep present.

    If that is the advice they give their officers why should it be any different for us?

    So you don't necessarilly need your lawyer after a self defense shooting. But it is probably a good idea to give them a call.
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    VIP Member Array Eagleks's Avatar
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    I never "assume" anything , and would always have him involved.
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    Member Array Cattus Vir's Avatar
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    Simple answer: Yes.

    Just my opinion.

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    Distinguished Member Array deadguy's Avatar
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    Part of me says if it is a clear case of home invasion and BG gets shot dead then no need for lawyer because you are 100% justified. The other part of me says at the very least contact one because the DA or solicitor may not see it as clearly as Harry Homeowner does.

    As far as the initial 911 call and initial police confrontation are concerned, you will be telling them what happened in one of those conversations. Probably the call. Someone broke into my house and someone has been shot. at the very LEAST you would say that much out of sheer adrenaline dump as mentioned. Never been there but I am confident that the responding officers/coroner will do an initial investigation to determine if there is even a need for you to "go downtown". It's possible you may be told to stay there and they will contact you later. In the meantime you can contact an attorney if needed.

    Disclaimer: none of this is legal advice. Contact an attorney instead of taking a morticians advice.
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    VIP Member Array Gene83's Avatar
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    The reason that I use a law firm is that I am not an attorney. My interpretation of the law and the legal system's interpretation may be two different things. Before I lose my butt, I'm going to cover it. I'm calling an attorney.
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    Senior Member Array tubadude's Avatar
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    Justified or not, ending someones life is pretty serious. I would want a lawyer.

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    Member Array OldMick's Avatar
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    If I were involved in something as serious as a self defense shooting - Castle Doctrine or no, I would definitely contact my attorney immediately (his number is on my cell and I carry his business card). The best I can do is learn and clearly understand the legal elements of self defense and how the Castle Doctrine impacts the duty to retreat (in my state) before the situation arises.

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    VIP Member Array shockwave's Avatar
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    Question for the OP: How do the police and the DA know that the shooting in your home was a self-defense shooting?

    Are you forwarding for consideration the idea that you can shoot a person in your home, call the cops, and they'll show up, find the dead body, and the officer in charge of the scene will start bellowing at the top of his lungs:

    All right! Everybody out! We have a homeowner here - homeowner - this is a Castle Doctrine shooting, people, Castle Doctrine - can't charge homeowner. Everybody out! Everybody go home now. Nothing to see here, we can't charge him with anything...
    No, it doesn't work like that at all. There will always be an investigation to determine whether the deceased or injured party was shot during the commission of a crime, and during that investigation, it's a very good idea to have legal representation. I have an attorney who specializes in self-defense cases set up on my phone's speed dial, and it's the first number I'd call after the obligatory 911.
    "It may seem difficult at first, but everything is difficult at first."

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    "EVERYTHING you say can, and will, be used against you in a court of law."

    Are you willing to take the chance they're just joshing?

    I am not willing to take that chance.
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    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by defensive007 View Post
    In a home invasion situation where the castle doctrine takes affect is there a need to get your attorney involved?
    if you ever have to discharge your weapon in a SD situation it would be wise to always have an attorney involved to protect you, the police and state's attorney are NOT your friends, regardless of what happened

  14. #14
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    YES!
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    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

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