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Old February 18, 2013, 10:31 PM   #45
Fishing_Cabin
Senior Member
 
Join Date: February 10, 2010
Posts: 716
While its been covered a bit previously, I will add... Cover the W's and the one H.

Who, What, When, Where, Why, and How.

Who?

"I live here, he ( the guy injured) broke in"

What?

"I live here, and was (watching TV or surfing the internet, etc)"

When?

"After it happened I pulled my cell phone from my pocket and called 911 for help, here, let me confirm the time I called 911 for you on my phone. I called as soon as it was over"

Where?

"I live here (alone, with family, wife or kids, or this is my work, etc)"

Why?

"He forced his way in by (insert here, he kicked in the door, or broke the window and crawled in) and since he did so, I was in fear. I was in the (insert room) and then I wound out in the (insert room) when it was over"

How?

" I (shot, stabbed, etc) him with this, and I saw his weapon (fall under him, roll off, or picked up by another)"

Then say, I am shook up, I need to get myself together, and I think its best to speak with a lawyer...

What does this do?

It shows you are initially being co-operative to law enfrocement. It also shows you are trying to show WHY you did what you did, as well as how, and what may have happened to the person who broke in your home's weapon, or the evidence of a weapon.


As far as calling 911 and then a lawyer, here you wont typically have that chance. The telecommunicater will do their best to keep you online until law enforcement arrive, while trying to relay your communications to the responding officers.

Many folks say dont talk to law enforcement... I say bull... You have to give basic information, because the responding law enforcement are responding to not only a home invasion, but if you defended yourself, a possible murder, and they will, at least initially treat it as such. Self defense, depending on your views, is an excusible homicide. The responding officers will treat it as a homicide (or at least they should) and then go from there. Your (as a victim) statements, albeit brief, should point out that you are a victim, and why, and your incredibly brief actions.

Quote:
Originally Posted by Glenn E. Meyer
I don't know about your lawyer - but you will get an answering service in the middle of the night - unless you have a personal number that said lawyer will pick up.
And when you get the answering machine, and you are asked questions as to why there is a dead person there, and you are here doing (whatever you said to 911) you may have a long night until your lawyer checks his messages...

Once you give a brief statement, you will be understandably shook up, and need time to compose yourself and hopefully speak with a lawyer. This time to compose yourself and speak with a lawyer can vary from being secured by another officer, to being cuffed and placed in a car, or in the extreme case, possibly held overnight. Afterwards, when you are questioned you will be given your rights, and asked if you want a lawyer, (possibly they may ask you to sign a statement that you wave your rights) then from there its up to the officers and their respective viewpoints after your initial statement and the evidence.

Think for a moment...If you were a police officer responding, what would you think? Would you prefer a brief statement, or would you (as a police officer) want to be met immediatly with "I want my lawyer before I make any statement."

By the time your lawyer arrives, some of the evidence may have already been moved or even destroyed...

Last edited by Fishing_Cabin; February 18, 2013 at 10:46 PM.
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