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Concealed Carry Issues & Discussions Discussion regarding concealed carry licensing, issues, methods of concealment, etc.

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Old October 13th, 2009, 01:20 AM   #1
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What do you do for Post Draw Protection?

I know some of you have MUCHO DENERO and have an on call lawyer.
Me, not so much.

With my CCW applied for and awaiting the call to go pick it up it's got me thinking about what will I do when I've drawn, possible shots fired, and worst case, BG down, and I'm sitting in a holding cell.

My pastor and bro-in-law have Prepaid Legal Services and have used it a few times and I like it.
I know that the NRA will help if you've followed the law to a 'T'.

My question is:
What do you do for legal protection for that hopefully never drawn CCW?
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Old October 13th, 2009, 01:49 AM   #2
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I'll find a lawyer after the fact. Might be handy to have a few numbers on hand, but I don't.
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Old October 13th, 2009, 02:23 AM   #3
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No retainer here... I'm so poor I can hardly pay attention!

But I do have three attorney's business cards in my wallet.
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Old October 13th, 2009, 02:56 AM   #4
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Good idea thinking about it now, but consider this:

I'd explain the situation once and then I'd ask if I am "being charged at this time". If they say yes, or waffle (no clear answer), I would then "lawyer up".

After that, it's Name, Rank, Serial Number time.

Then, well, I like the idea of having the NRA or a shared lawyer on hand...
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Old October 13th, 2009, 08:45 AM   #5
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I watched the series of videos "Don't talk to the police" YouTube - Don't Talk to Cops, Part 1. Make a lot of good points. The courts will appoint an attorney without issue. I personally won't say anything to a law enforcement official. I dont' need to. You might be able to get out of going to jail for the night, but it may cost you life in jail.
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Old October 13th, 2009, 09:07 AM   #6
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In the case of a shooting, the police are not your friends. I have the number of my family attorney in my cell phone and on a card in my wallet. I will volunteer no information to anyone other than my attorney. I will not answer any questions which cannot be answered by a "yes" or a "no", and then the answer is, "You'll need to speak with my attorney". Once the genie is out of the bottle, you can't stuff him back in.
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Old October 13th, 2009, 10:38 AM   #7
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Quote:
Originally Posted by ImChad View Post
The courts will appoint an attorney without issue.
Have you had this happen? I'm just curious because in Texas (Harris County), you have to be dirt poor to get a lawyer appointed to you. If you have anything you can sell (car included), they will not provide you one.


If something happened, I'd call the police to inform them that there was an incident. I would not get into details with the police, but I would give broad (truthful) statements. For example: If the BG came at me with a knife or gun, I'd tell them that. But I wouldn't get into details until I talked to an attorney.
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Old October 13th, 2009, 12:42 PM   #8
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Quote:
Originally Posted by BlueNinjaGo View Post
Have you had this happen? I'm just curious because in Texas (Harris County), you have to be dirt poor to get a lawyer appointed to you. If you have anything you can sell (car included), they will not provide you one.

That's been the case in a number of States, where I worked.
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Old October 13th, 2009, 12:53 PM   #9
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Good idea thinking about it now, but consider this:

I'd explain the situation once and then I'd ask if I am "being charged at this time". If they say yes, or waffle (no clear answer), I would then "lawyer up".

After that, it's Name, Rank, Serial Number time.

Then, well, I like the idea of having the NRA or a shared lawyer on hand...

That's mighty helpful of you to make a statement to the police.

In the legal community, we call that a confession.

Lemme splain...

Anything you say can and will be used against you. That's not just after you are read your rights, but at any time.

You don't know what the police know. You don't know what they have been told.

You may be confirming their information (you were involved somehow, you were the guy with the gun...) or outright providing the information that they didn't have in terms of details of the incident.

If the cops are talking to you...you shouldn't be talking to them.

Yes, yes...I know...

It's a self defense incident, and you aren't a criminal...and my advice may be fine for the people I represent all the time...

Whatever.

If the cops are looking at you, it's not for any pleasant reason.

Whatever you have to say to them can be said once you either shut up & lawyer up from the outset or go with Ayoob's advice of the whole "Officer, I'm the one who called, thank G0D you are here...he dropped a knife over that way and you want to talk to the guy in the red leather mini skirt & high heels because he saw the whole thing, and I don't feel comfortable saying more till I talk to an attorney..."

Otherwise, you run the risk of rambling on and setting yourself up for more trouble than you can imagine.

Less people get in trouble for shutting up than they do for talking.

If you wait till you are under arrest to lawyer up, you waited to long.
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Old October 13th, 2009, 12:57 PM   #10
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Public defenders are appointed in many cases on the financial constraints of the defendant AND the seriousness of the crime.

If you are a guy who earns low/mid-low income with a wife and a kid who was involved in a shooting...you are probably getting a public defender - and a senior PD at that.

They need to avoid ineffective assistance of counsel claims on appeal, and courts are starting to kick states in the rear for appointing inexperienced lawyers, drunks or overburdened PD to cases.

In shootings, many times they will contract the case out to a private attorney on a list and pay him for the work. Maybe not his usual rate...but he know he will get a check from the state for the work, and that means a lot.

If you can afford a lawyer, yeah, you will have to pay, but if you don't, you aren't screwed.
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