Speaking to the police after discharging your weapon.

[rchance]

I thought you may have discharged your weapon accidentally or something.

 

[Triggernosis]

Here, just take the time to listen to this guy and form your own decision as to what to do:
Dont Talk to Police - YouTube

 

[sirrduke2010]

I wanted to ask if you don't give a statement at all evidence that could back up your claim could be lost. Gang Members are know for going back to the scene and stealing evidence. I wondered about this part.

 

[OIF2]

I wanted to ask if you don't give a statement at all evidence that could back up your claim could be lost. Gang Members are know for going back to the scene and stealing evidence. I wondered about this part.

Where did you hear this? I guess the cops were too dumb to see the "evidence" in the first place, leaving it for the highly trained gangsters to retrieve at a later time. Meanwhile, you're sitting at the station playing dumb, awaiting your ambulance-chasing attorney, while the Detectives are talking to EVERYONE ELSE (except you) regarding your defensive shooting. Read post #30 (in case you missed it) regarding what actually happens. Oh, I gotta ask...what evidence?
Bob

 

[southflorida-law]

"Advice" like this will definitely go a long way towards making a difficult situation into one you won't recover from. Now, if you just shot a 14 year-old after he egged your house, yes, I'd advise you to shut up and wait for an attorney. You're in big trouble anyway, so don't make it worse. There's a BIG difference in that scenario, though, and one where you just shot someone trying to jack you at gunpoint in the Albertson's parking lot. Saying the cops "aren't your friends" and will immediately "use everything you say against you" is misinformed and, well, stupid.
No, the cops aren't there to be your buddies. They're there to solve the crime. But they have no interest in putting a case on an innocent person. If you shut up, you inhibit the investigation, which will be noted, and do yourself a grave disservice. You need to tell the responding uniforms what happened; this is not screwing yourself over. Be assured, if there are any witnesses, they'll be telling the cops what happened. I'd prefer to have my own version out there. If the suspect you shot has any friends, they'll be putting out their version, too. And you need to tell the cops if any of the suspect's friends got away, where they went and if they were armed. This is a safety statement and allows the responding units to fan out and look for additional suspects. You need to talk to the cops. Now, no one is saying to spill your guts, make judgement calls on your tactics or incriminate yourself. If you're given a Miranda warning, shut and wait for a lawyer. You're a suspect in a possible murder.
You will be transported to the station to await the investigating detectives, who will first go to the crime scene to do a walk-through and interview witnesses. They will then interview you at the station. What you say will confirm what they now already know. Most shootings are pretty easy to figure out to a veteran detective. They understand that there will be differences in what happened; it occurs in every shooting. For instance, number of shots fired. If you're not sure, say so. You need to get your version out there. If you're quiet, you're slowing the investigation and irritating the detective who recommends whether to file charges or not to the DA. Not admitting you shot someone, when it was a self-defense killing, is not helpful. Someone is dead in your living room, who else shot him? He obviously wasn't supposed to be there. A GSR (gunshot residue) test is going to be done, anyway. Everyone here thinks an attorney is your saviour; most lawyers don't have a clue about what happens in a gunfight or how an investigation is run. You want to wait several hours or days in jail to speak with an attorney, fine. But it's a dumb idea if you want to clear yourself quickly and go home.
I investigated numerous shootings in a big city; it doesn't go down like the armchair experts here think it does. If you carry a gun, then do your research in your state. Learn what happens in a homicide investigation. Everyone here wants to know how to handle a shooting situation; better to plan how to handle the post-shooting. There are worse things than killing someone; killing someone and going to jail is one. If you can't control yourself after a stressful incident, then maybe you shouldn't be carrying a gun. Think about your responses to the police; clamming up immediately is not a good plan. And that's from a cop that did this for a living. My advice, based on over 24 years in a big city where shootings are a common, daily occurance. Don't be stupid; think, plan, do your homework, rehearse and consider carefully what you'll say.
Bob

I will give you a different point of view here, based on my now 19 years of experience as a criminal defense attorney. Speaking to the police, by yourself, after possibly the most stressful situation you may have ever experienced in your life, is not a good idea. You will be in no condition to competently tell "your side of the story".

Another item that you will need to consider, if this is a homicide investigation (because we are all expert marksman), more than likely you will first be questioned by the responding officer, then possibly a supervisor, then the homicide detective and then possibly a homicide prosecutor. This will all transpire within hours or days of the shooting. Are you really prepared to do that on your own?

Now, you have discharged you weapon, the police are on their way, is this the best time to start shopping for an experienced criminal defense attorney? Do you wait until you are sick to get health insurance? A car accident for car insurance? Wait till you are dead for life insurance? This is the SINGLE biggest mistake a citizen who chooses to legally arm themselves can make, waiting until the shooting occurs to start their search for an attorney. If you are going to invest the time and money to get your CCW license, purchase a firearm (or two, or…), time and money at the range to become proficient with that firearm, why wait until the shooting to retain an attorney?

Remember that the police have a job to do investigating a crime scene; they are not there to protect your constitutional rights. The question you need to ask yourself is what is more important to you, making a police officer's job "easy" or protecting your rights?

It is very simple, if you have prepared for that day, when the police arrive you merely say "I feared for my life, here is my attorney's card, he/she advised me not to speak to you until he/she is present" then sit down and **** until the cavalry arrives. You will ultimately give a statement, but it will be on your time when you are most confortable and represented. If you go to jail, you were going anyway, in 19 years I have never seen the police not arrest someone based on their statement "clearing everything up"!

Anyway, that is my 2 cents. Hope it helps

John

 

[Triggernosis]

I believe John gives very good advice.

John, how do you recommend going about selecting an appropriate attorney?

 

[OIF2]

That's a good lawyer's perspective, John, and I appreciate your input...and I'd probably go along with MOST of what you say. My difference of opinion (based on actually investigating a shooting) is the citizen's responsibility to give info to the responding officers regarding possible additional suspects, direction, weapons, description, etc.
I think a lot of what we both have to say could be consolidated into good-to-know stuff, based on our perspectives. Also, it depends on the jurisdiction. A city that does a lot of shooting investigations is actually easier to deal with than Podunk. My main concern (mentioned in my first post) is the citizen's responsibility to report what happened. It's usually a good thing. If you get a Miranda warning, though, maybe shutting up would be better. I think the main problem here is what type of shooting we're talking about. A cut-and-dried defensive shooting is different than something that went sideways, with the citizen possibly looking at government sanctions. I did quite a few investigations in Los Angeles, a very anti-gun town. Citizens that shot someone (or more than one) in clear-cut defensive situations never had problems. Just shutting up and waiting for your attorney is NOT a good idea if there were other suspects, if the public's safety is endangered. Not assisting responding officers with critical information that may result in armed suspects being captured before someone else is hurt, is wrong. Maybe not criminally, but morally wrong. If you're not prepared to assist, you shouldn't be carrying. Sitting down on the curb, saying you're upset and waiting for an attorney isn't what I'd advise. Think about what you're going to say. It's as important as training BEFORE the shooting. And that's my .02.
Bob

 

[southflorida-law]

John, how do you recommend going about selecting an appropriate attorney?

Really is just word of mouth. Ask around, ask your friends, ask other attorneys, and if you find one, speak to them and possibly drop a small retainer on them for what you hope will never happen. Money well spent.

You know sometimes we attorneys actually help people.....

And to OIF2, thanks.

 

[27145]

Really is just word of mouth. Ask around, ask your friends, ask other attorneys, and if you find one, speak to them and possibly drop a small retainer on them for what you hope will never happen. Money well spent.

You know sometimes we attorneys actually help people.....

And to OIF2, thanks.

OIF2 and I share some experience as street cops, we have availed ourselves with the right to consult an attorney in shooting situations. So we know there are good lawyers that help people. In my experience cops involved in shooting's lawyer up.

A street cop won't look to hurt people, there are times we will tell people to shut up and give them miranda just to shake them awake. I would definitely just give the basics to a 911 op stating you need the police and an ambulance as well as your pedigree to id yourself as the good guy. If the 911 op starts getting detailed, hang the phone up. Just give the basics, without going into detail to the 1st responding cop only, then ask for a lawyer.

You would be surprised how sympathetic a street cop can be.

 

[The Big D]

John said "retain an attorney." His advice is thus self-serving.

I have toted a gun for many years; I have never felt the need to "retain an attorney." Money was spent far more wisely.

Be safe.

I believe John gives very good advice.

John, how do you recommend going about selecting an appropriate attorney?

 

[southflorida-law]

John said "retain an attorney." His advice is thus self-serving.

Be safe.

I put that there for two reasons, one, I did not want to convey the idea that all attorneys would do this for free on the front end, go to speak to them to find out, but there should be some understanding between you and the attorney as to what services apply. Second, and most important in my opinion, I do not know what triggers attorney-client privilege in all the states, but I do know that once you "retain" an attorney, it will universally apply. You can tell us anything and we can't be compelled to tell anyone else. (Barring exceptional circumstances)

"Retain" could mean just a signed agreement that puts forth the fees and cost should you need his/her services that both sign.

Anyway, stay safe.

John

 

[The Big D]

John, I didn't mean to appear disrespectful; if such an arrangement (i.e. no fee) is possible, it may have some practicality.

I have toted a gun for many years and have never had a need (fortunately) for a defnse attorney. Your advice to seek "an experienced criminal defense attorney" is absolutely spot on, however. No recent law school grads need apply should I ever need a lawyer.

Thanks for your post and clarification. I must be nicer to new Forum members.

Be safe.

I put that there for two reasons, one, I did not want to convey the idea that all attorneys would do this for free on the front end, go to speak to them to find out, but there should be some understanding between you and the attorney as to what services apply. Second, and most important in my opinion, I do not know what triggers attorney-client privilege in all the states, but I do know that once you "retain" an attorney, it will universally apply. You can tell us anything and we can't be compelled to tell anyone else. (Barring exceptional circumstances)

"Retain" could mean just a signed agreement that puts forth the fees and cost should you need his/her services that both sign.

Anyway, stay safe.

John