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After a Shooting: Legal Question
- Thread starter dross
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Do you have a lawyer on retainer? Does anybody for this type of matter? I do carry Guy's card in my wallet and, if I ever meet Kirk again, might ask for his, but how does it really work?
Can I pull out a lawyer card and say I need help or will I get denied if no retainer is in effect? What would you do if the first lawyer that you know has a good reputation in firearms law is not there to take the call or denies service?
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tagging.
I do. Everyone who carries a gun for self-defense should. Here's the best ~$80/year you could ever spend. No marketing, no hype, just solid education and legal protection:
https://www.armedcitizensnetwork.org/
I was told by a lawyer not to say anything... Quite frankly it doesn't matter how guilty you appear to the officers, it matter how guilty you appear in court. And anything you say will stick with you. Anything you don't say will not. So pretty much do what the guys are saying and ask to contact a lawyer and cooperate but don't say anything relating to the event that took place.
I would recommend talking to a lawyer, and taking a class where they go over this kind of thing!
I would recommend talking to a lawyer, and taking a class where they go over this kind of thing!
This is quite intriguing.
I'd like to hear the INGO attorneys opinion of this organization?
Check their list of affilliated attorneys. You'll find some familiar names there.
Maybe those guys will chime in here?
Concerning the original question, the police will most likely separate you and your spouse to take any statement. They will then compare them.
It appears saying as little as possible or nothing at all is the best option.
In a justifiable shooting, we all want to be candid and explain the situation. That is for a court room, not a crime scene.
I am not a lawyer. Don't want to be a lawyer.
Just 2 cents worth.
Don
It appears saying as little as possible or nothing at all is the best option.
In a justifiable shooting, we all want to be candid and explain the situation. That is for a court room, not a crime scene.
I am not a lawyer. Don't want to be a lawyer.
Just 2 cents worth.
Don
A couple gets stopped driving out of state. The officer finds thru a database lookup that the driver has a Concealed Carry Permit in Florida. The driver says I do not have any guns with me (he didn't). The wife questioned separately, says she doesn't know if he is carrying. They are arrested for giving different stories.
KEEP YOUR MOUTH SHUT!
KEEP YOUR MOUTH SHUT!
I agree with most of the sentiments about keeping your piehole shut. The less you say, the less that can be used against you.
However, I also agree with CameraMonkey in that some small statement should be given to put things in initial context and not make things any more difficult for LEO than they have to be. This keeps things as civil as possible and avoids the problem with being "uncooperative" in any future questioning of LE investigators.
As to the wife issue, I also agree that there is no legal compulsion barring a subpoena or other legal force to make a statement. I would presume that anyone nearby could be charged in some context (as an agitator and/or accomplace) and as such all would be wise to seek legal council before speaking. In the vast majority of cases this is entirely unnecessary but we aren't looking at probabilities, but rather possibilities.
I believe you can invoke your rights AND be nice about it at the same time. Silly concept, I know...
Regards,
Doug
However, I also agree with CameraMonkey in that some small statement should be given to put things in initial context and not make things any more difficult for LEO than they have to be. This keeps things as civil as possible and avoids the problem with being "uncooperative" in any future questioning of LE investigators.
As to the wife issue, I also agree that there is no legal compulsion barring a subpoena or other legal force to make a statement. I would presume that anyone nearby could be charged in some context (as an agitator and/or accomplace) and as such all would be wise to seek legal council before speaking. In the vast majority of cases this is entirely unnecessary but we aren't looking at probabilities, but rather possibilities.
I believe you can invoke your rights AND be nice about it at the same time. Silly concept, I know...
Regards,
Doug
Only question I have is if you tell Leo right off your not saying a word without your attorney is it worth being handcuffed and detained until they get a hold of your attorney. And I'm guessing most attorneys are hard to get after hours. So does that mean your going to jail until your attorney gets with you then investigators.
That absolutely wouldn't happen. If a police officer runs your drivers license it does not show if you have a Concealed Carry Permit.
True, but not all agencies' computers query that database. Westfield PD doesnt. I know because I was held over 20 mins while they tried phoning the ISP to verify my LTCH validity (and ISP wouldnt answer/return the call).
Its safe to assume though that they will get the info from dispatch.
We all access the same state system, however there are times that it is down.
