philman

Since this seems to always be a hot topic, does anyone have specific knowledge of someone being involved in a justified shooting going through the entire event with no legal fees, regardless of what the State says your civil liability is?

It seems a lot of folks say that if your State states your are not liable for injuries to someone committing a crime, then you have zero worries in a shooting. Since the State of Ohio just changed that law, I am of the belief that regardless what Ohio says, I will incur legal fees to prove that I fall under the State law. Not being a lawyer, I ultimately have no idea, just wondered if anyone had more than a personal opinion.

MRPOWER

good question, im curious as well

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sass20485

Maybe no criminal charges, BUT there is always the possible civil suit brought against you by the person you shot or their family. As I understand it the Supreme court said the state does not have the authority to deprive someone their day in court.

gdog

A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer.

Ed

philman

Again, Ohio says the same thing, want to know of anyone who applied it at zero cost to themselves.

Example: I have always been taught:

1: Shoot someone in a defensive situation

2: Tell the Police you understand their need for a statement from you, but you need to see a lawyer first.

3: I am not aware of free lawyers.

Shizzlemah

there are no free lawyers.

if you have any assests (such as a house or even a car) you will not be able to get a public defender.

If you want the zero dollar approach, you better have one IRONCLAD case, like an escaped pedophile and killer just hijacked a busload of nuns and orphans - because you'll be representing yourself in criminal proceedings. Hiring a lawyer is really the sane approach.

Civil proceedings - well some states cap amounts for wrongful death. If you are civilly liable, Maine has a $100k cap on it. So, worst case, no lawyer and you just write the $100k check.... Note that typically there are no caps on "impaired function", so someone with a limp or in a wheelchair forever could be millions....

calmp9

True. If I were involved in a shooting, I would want the best legal counsel I could find. There is going to be a considerable expense. I don't have a California CCW, but if I were to shoot someone in self-defense in my home, I was told that a defense attorney could be in the tens of thousands. This is not a Castle Doctrine or Stand Your Ground state so anything can happen in court. Here, the criminals have more rights than the victims do. On top of that, they can sue you.

My move is imminent, but years away. I can't wait to get out of here.

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bae

Let me turn it around: let's see some examples of law-abiding citizens who legitimately used a firearm for self-defense who then lost huge amounts of money on related civil cases.

How often does it happen?

philman

I'm game for either angle. Just need someone with true experience, not just all us Internet lawyers.

Cakewalk

This is yet another thing that will (or should) go through your mind before you even present your weapon... "Do I have the money for a lawyer?"

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