After a Shooting: Legal Question

[dross]

Scenario: You've used your handgun to defend yourself. Your wife is with you The aggressor is down at the scene. The cops arrive. You tell the cops that you feared for your life and that you'll make a full statement in the presence of your attorney.

Question: Does your wife have to give a full statement? Should she? What should she say?

An attorney is supposed to help you not say things that might be incriminating or prejudicial to your case while you're caught up in the emotion of the situation. Your wife will be just as upset, and couldn't she accidentally say something that would hurt your case?

 

[cbhausen]

She should not say anything. Period. Until you have spoken with legal counsel. It's that simple.

 

[ccomstock001]

If you were going to wait for an attorney why wouldn't she? Everyone remembers things differently. As long as stories aren't completely different I would think it will be fine.

 

[GNRPowdeR]

She should not say anything. Period. Until you have spoken with legal counsel. It's that simple.

You BOTH have been through a traumatic experience and need time to get your heads straight...

 

[dross]

I guess I should have been more clear. She's going to get asked and she can't evoke the fifth amendment. I guess it seemed odd to me that she would say she needed to speak to an attorney before being a witness. I agree certainly that I wouldn't want her to make a statement at that time, but she would need to know what to say to refuse and right now I wouldn't know what to say to her. Lawyers step in please.

 

[GodFearinGunTotin]

I guess I should have been more clear. She's going to get asked and she can't evoke the fifth amendment. I guess it seemed odd to me that she would say she needed to speak to an attorney before being a witness. I agree certainly that I wouldn't want her to make a statement at that time, but she would need to know what to say to refuse and right now I wouldn't know what to say to her. Lawyers step in please.

I'm thinking she ought to say the same thing you will. I would think any witness to any crime would have that right as long as they're not obstructing or interfering with an investigation.

 

[HamsterStyle]

Don't spouses have the same right as the shooter as far as incriminating you? Or is that just in court?

 

[mammynun]

tag

 

[Kirk Freeman]

Don't spouses have the same right as the shooter as far as incriminating you?

Colorado's spousal privilege applies to criminal prosecution???

Here the answer is no. She (or he now I guess) is simply a witness, just like anyone else.

I don't know the mechanics of Colorado's statute.

 

[injb]

I guess I should have been more clear. She's going to get asked and she can't evoke the fifth amendment. I guess it seemed odd to me that she would say she needed to speak to an attorney before being a witness. I agree certainly that I wouldn't want her to make a statement at that time, but she would need to know what to say to refuse and right now I wouldn't know what to say to her. Lawyers step in please.

Why can't she just say she doesn't want to answer any questions until she has spoken to her lawyer and leave it at that? Same thing you would say surely?

 

[451_Detonics]

When the cops get there the first words either of you should say is I need to speak with my attorney, no further words should be spoken about the incident until that happens...period. Cooperate but don't talk about the shooting itself.

 

[HoughMade]

Scenario: You've used your handgun to defend yourself. Your wife is with you The aggressor is down at the scene. The cops arrive. You tell the cops that you feared for your life and that you'll make a full statement in the presence of your attorney.

Question: Does your wife have to give a full statement? Should she? What should she say?

An attorney is supposed to help you not say things that might be incriminating or prejudicial to your case while you're caught up in the emotion of the situation. Your wife will be just as upset, and couldn't she accidentally say something that would hurt your case?

Why would she "have to". Absent a subpoena, no one "has to" say anything. However with a subpoena assuming nothing she could say would incriminate her (and that's an interesting analysis) she could be compelled to testify, but that's not happening that day.

 

[HoughMade]

Don't spouses have the same right as the shooter as far as incriminating you? Or is that just in court?

No. Spousal immunity applies to private communications between spouses only and not to a spouse describing what they have seen.

 

[Cameramonkey]

When the cops get there the first words either of you should say is I need to speak with my attorney, no further words should be spoken about the incident until that happens...period. Cooperate but don't talk about the shooting itself.

Ive been told by multiple trainiers (including LEO that do training) that an appropriate statement would be "I was attacked and feared for my life and was forced to defend myself. I will gladly cooperate with the investigation once I have had a chance to talk with my attorney."

Completely clamming up and refusing to even give an overall rough sketch of what happened (above) makes them have to try to figure out what happened based on what they see standing there minutes after the fact. It may not be obvious at that time without at least a tiny clue as to what happened. It could be the difference between sitting comfortably and sitting in cuffs while they investigate. (you still might be in cuffs for a bit even with that brief statement)

And I am sure it would get even messier if you are refusing to give ANY statement and one of the witnesses who didnt see the whole thing gives a statement that isnt in your favor. "I dont know officer, as I came around the corner of the building I saw that guy shoot the other guy."

(IANAL)

 

[mammynun]

Don't forget to add the "I'm having chest pain" part.

 

[Bang-bang]

CameraMonkey, Is very correct! (IMO) +1


Also, Spousal immunity, isn't what I would say (IANAL) but, if she is with you, she could be an "accomplice". So wait for a attorney ​

 

[HoughMade]

I'm not going to give any magic words (there aren't any) but if it were me, if the context of what went on isn't obvious (hey, it could happen), I may want to say just enough to give the police the context and indicate that I want to be helpful....but nothing beyond that without counsel. No, I would not count on myself as counsel. I may blow in a call to the Pride of Lafayette. My wife? No, she shouldn't say anything unless and until counsel says it's OK or she is compelled to do so, but again, that would be weeks down the road if ever.

 

[injb]

I wouldn't remain completely silent because that can be used against you:

JUSTICE ALITO, joined by THE CHIEF JUSTICE and JUSTICE KENNEDY,
concluded that petitioner’s Fifth Amendment claim fails because he
did not expressly invoke the privilege in response to the officer’s
question

From what I have read, if you want the protection of the 5th amendment you have to explicitly say so.

I also wouldn't want to neglect to say anything that could help in an emergency. But other than that, why risk saying something incriminating just to avoid being arrested? It doesn't make sense to me. I'm sure spending a day or 2 in jail would suck but in the scheme of things it's not that important.

 

[SteveM4A1]

I wouldn't remain completely silent because that can be used against you:



From what I have read, if you want the protection of the 5th amendment you have to explicitly say so.

I also wouldn't want to neglect to say anything that could help in an emergency. But other than that, why risk saying something incriminating just to avoid being arrested? It doesn't make sense to me. I'm sure spending a day or 2 in jail would suck but in the scheme of things it's not that important.

Personally, every time I start to speak, I yell "I INVOKE MY 1st AMENDMENT RIIIGGGHHHTTSSS!!!!" Don't want there to be any confusion.

 

[foszoe]

I'm not going to give any magic words (there aren't any) but if it were me, if the context of what went on isn't obvious (hey, it could happen), I may want to say just enough to give the police the context and indicate that I want to be helpful....but nothing beyond that without counsel. No, I would not count on myself as counsel. I may blow in a call to the Pride of Lafayette My wife? No, she shouldn't say anything unless and until counsel says it's OK or she is compelled to do so, but again, that would be weeks down the road if ever.

I lost count of the lawyerly disclaimers in just the first sentence!