Quote:
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Originally Posted by nate45
...Never talk to the police, without the advise and consent of an attorney...
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Often,
but not always, good advice.
If Claiming Self Defense, Keeping Completely Quiet Is Not the Best Idea, But Don't Say Too Much.
Call 911. Be the first to report the incident and do so immediately. If you don't report it, or if there's a long delay, you will appear to have a guilty conscience.
Then, having taken LFI-I with Massad Ayoob, spending time with him and helping with a class of his in Sierra Vista, AZ not too long ago, I'll go along with his recommendation for when the police arrive.
[1] While one has a right to remain silent, clamming up is what the bad guys do. Following a self defense incident, you'll want to act like one of the good guys. You also won't want the investigating officers to miss any evidence or possible witnesses. What if the responding officers miss your assailant's knife that you saw fall down the storm drain? What if they don't know about the guy you saw pick up your assailant's gun and walk off with it?
[2] The police arrive and see a body on the ground with bullet holes in it, and they see you with a gun nearby. They will immediately be inclined to think of the ventilated corpse as The Victim and the guy still standing as The Attacker. But you're really the victim, and you'd prefer the police to have that in their minds as they begin their investigation.
[3] At the same time, you don't want to say too much. You will most likely be rattled. You will also most likely be suffering from various well known stress induced distortions of perception.
[4] So Massad Ayoob recommends:
- Saying something like, "That person (or those people) attacked me." You are thus immediately identifying yourself as the victim. It also helps get the investigation off on the right track.
- Saying something like, "I will sign a complaint." You are thus immediately identifying the other guys(s) as the criminal(s).
- Pointing out possible evidence, especially evidence that may not be immediate apparent. You don't want any such evidence to be missed.
- Pointing out possible witnesses.
- Then saying something like, "I'm not going to say anything more right now. You'll have my full cooperation in 24 hours, after I've talked with my lawyer."