Erich
Member
Amen - that's one of the techniques given on the thread I linked in response to the original post.
The "Call" Afterwards
- Thread starter prplbkrr
- Start date
RSanch111 has some very good posts and to add a few points to the discussion:
1) Criminal law is a specialized legal practice. A person who had a heart attack would not want treatment from a family doctor or worse yet an orthopedic/spinal surgeon. An SD situation is even more special because state laws are so different. Finding a qualified and experienced lawyer is very important.
2) Insurance doesn't cover criminal actions. The homeowners policies I've had from major companies don't cover intentional actions, like SD shootings or punching a neighbor (read the fine print). An accidental shooting, probably.
3) Miranda warnings are given only to people under arrest so demanding one is like asking to be arrested. LEOs ask questions and find evidence to determine whether a crime probably happened and decide whether to make an arrest. I've always cooperated with LEOs by answering their questions but not volunteering any information or running off at the mouth about what happened (and I'm not talking about a simple traffic stop).
Free legal advice isn't worth much and what is found on the internet is more likely to be just plain wrong than helpful.
1) Criminal law is a specialized legal practice. A person who had a heart attack would not want treatment from a family doctor or worse yet an orthopedic/spinal surgeon. An SD situation is even more special because state laws are so different. Finding a qualified and experienced lawyer is very important.
2) Insurance doesn't cover criminal actions. The homeowners policies I've had from major companies don't cover intentional actions, like SD shootings or punching a neighbor (read the fine print). An accidental shooting, probably.
3) Miranda warnings are given only to people under arrest so demanding one is like asking to be arrested. LEOs ask questions and find evidence to determine whether a crime probably happened and decide whether to make an arrest. I've always cooperated with LEOs by answering their questions but not volunteering any information or running off at the mouth about what happened (and I'm not talking about a simple traffic stop).
Free legal advice isn't worth much and what is found on the internet is more likely to be just plain wrong than helpful.
[ame]https://www.youtube.com/watch?v=d-7o9xYp7eE[/ame]
Long but worth a watch.
Long but worth a watch.
I don't know if I'd say THAT exactly... It does tend to make people look kind of silly when they do that for a traffic ticket. What it does do is changes how the police will question you. For example when someone invokes their right to council, detectives, with few exceptions, will not question them until they get a lawyer present. So if you invoke your right to council at a straightforward shooting scene, the kind where you would have otherwise been told: "OK, we're done here, please get in touch with your lawyer and come in tomorrow and make a statement or let us know what attorney you're using so we can come to his office and get your statement." It might change things to: "He's not talking until he gets a lawyer. Go ahead and get a search warrant for his house. We're looking for ID, weapons, ammo..." etc.....
Once they convince a judge that they should have a warrant to look for something as small as ID or a .22 bullet, they can look just about ANYWHERE. So, as long as you're OK with them finding anything in your house (for example) where something as small as a driver license or .22 round could fit, go ahead and postpone saying: "He broke into my house and I was afraid he'd kill us all", until the next morning after your lawyer's hangover from the annual lawyer's party goes away and he comes in to talk to you while you're being held for some type of felony with no bond.
If you shot your brother-in-law because he cheated you on an inheritance deal, definitely don't say anything.....
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Rastoff
US Veteran
OK, I'll defer to your experience. Of course the police can transport your without your consent. But like you said, that would probably mean you're under arrest. I've also seen discussions about exactly what "arrest" means. I'd rather not head down that rabbit hole of semantics in this thread.
The point I was clumsily trying to make was about attitude. Win the attitude test whenever you have official contact with the police. Give them and attitude and you'll almost guarantee an arrest. Speak to them in a calm and respectful manner and you'll likely get the same in return.
IMO, if you don't find yourself with credible witnesses to support your side of the story, you'd better tell LEO's something, or it may be straight to jail. If it were me, I would immediately call the police. Tell LE that this was a self defense situation and I believed that if I didn't take the action that I took, I and/or others would have likely been killed or seriously injured by the actions of the other party -- who was: XXXXXXXX "aiming a gun at me" "assaulting me with a knife" (what ever applies). Then I would politely say, I would like to consult with legal counsel before I discuss this situation further, which I believe you can appreciate, considering the rights that are afforded peace officers when they are involved in similar situations. Once I have an opportunity to consult with legal counsel, I will be more than willing to discuss the events in detail. They still may take you downtown, but sometimes, that's the way they roll. Sometimes not. Criminal Defense Michael Rains is the best in the business regarding shootings. His firm normally works with police, but they do take-on other cases. Perhaps they can refer you to a lawyer in your state?
Checkout Massad Ayoob's You Tube Video "What to do after a shooting"
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Just me but I would imagine I'm better off taking the advice of the guy who has actually defended and prosecuted people in court but like I said that's just me.
I will say it's probably a good idea to get a lawyer now rather than when you need one and maybe sit down with him/her before (God forbid) you have to defend yourself and come up with a strategy.
Again, that's just me thinking
I will say it's probably a good idea to get a lawyer now rather than when you need one and maybe sit down with him/her before (God forbid) you have to defend yourself and come up with a strategy.
Again, that's just me thinking
Kid44
Member
There's no need to justify your desire for an attorney with the "I'm sure you can understand...." line. Other than that, I think the "That guy was going to shoot us" and then "I'll need to talk to an attorney before making any further statement." is fine.
TAC
Member
No one suggested that, just tell them you want to be checked out, you're not feeling well. I doubt that will be a lie!
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