Hypothetical SD aftermath: How do you get an attorney?

ghbucky · July 7, 2020, 02:24 PM

Hypothetical situation:

I've just fired a weapon at a person in a SD situation.

I've read articles about stuff you aren't supposed to do like try to explain yourself to the police, and that you are supposed to politely tell the officers that you want legal representation before you will make a statement.

What I never seem to see anyone explain is how you go about getting a defense attorney after you are in custody.

I'm guessing that I'm going to get a ride in the back of a squad car to the jail after I explain that I won't answer questions about what happened without an attorney present.

I do not know any criminal defense attorneys. How do I go about it when I am sitting in a holding cell?

Does the locale matter?

Can some of the legal eagles here walk through how this works?

**Aguila Blanca** · July 7, 2020, 04:38 PM

By law you are allowed a telephone call, for the purpose of getting an attorney. Initially, it doesn't need to be the best criminal defense attorney in the state -- you just need an attorney to help you not make any incriminating statements. You should have the business card of your family attorney in your wallet.

If you don't have a family attorney, look up some defense attorneys, pick one, call that office, and ask how you can reach them if you ever get arrested.

If you sign up with one of the legal services programs that have been discussed in other threads, they usually provide a telephone number. You call them, and they call an attorney.

Sharkbite · July 7, 2020, 07:35 PM

A lot of the defense type ins/pre-paid legal for self-defense events have attnys on call. I use “Firearms legal defense”, look into it.

**Aguila Blanca** · July 7, 2020, 08:04 PM

Here's some reference material for you:

https://thefiringline.com/forums/sho...ight=insurance

https://www.concealedcarry.com/self-...rams-compared/

Aloha8 · July 8, 2020, 07:49 AM

I have CCW Safe. Both my wife and I have their emergency number and information in our cell phones. My wife also has an envelope in her desk labelled "in case I get arrested" with the CCW Safe information in it.

I figure that in a self defense situation, in case I don't have my cell phone, the one phone number I can for sure remember is my wife's. I call her, she calls CCW Safe, and the process starts.

Earlier I read the advice to find a local self defense attorney, as noted previously, and pay the minimum retainer fee so you don't have to worry about that when you make the call from the police station... but just be sure you can remember that phone number just in case.

**Aguila Blanca** · July 8, 2020, 08:22 AM

Quote:

Originally Posted by ghbucky

I've just fired a weapon at a person in a SD situation.

I've read articles about stuff you aren't supposed to do like try to explain yourself to the police, and that you are supposed to politely tell the officers that you want legal representation before you will make a statement.

What I never seem to see anyone explain is how you go about getting a defense attorney after you are in custody.

I'm guessing that I'm going to get a ride in the back of a squad car to the jail after I explain that I won't answer questions about what happened without an attorney present.

I do not know any criminal defense attorneys. How do I go about it when I am sitting in a holding cell?

I highlighted the last part of your post because my previous post about your being allowed a phone call applies when you are arrested -- which is the only time you would be placed in a holding cell. On further consideration, you might be asked to come in and give a statement -- or you might be taken in for questioning -- without being arrested. I think that would qualify as being "detained," but that's not the same thing as being arrested. Depending on circumstances, the police might allow you to come in for a statement at a mutually convenient time (which would give you time to call an attorney), or they might want you to come in right then.

FlyFish · July 8, 2020, 08:23 AM

I carry the business card of [arguably] my state's premier attorney for firearms-related issues in my wallet. I know (from discussions with her) that the number will be answered 24/7. I hope I never have to call it.

ghbucky · July 8, 2020, 09:54 AM

Quote:

I carry the business card of [arguably] my state's premier attorney for firearms-related issues in my wallet

How does one go about identifying the 'best' attorney for this type of thing?

Here in KY, I'm not able to locate any attorneys that claim they are experts in this area. I thought criminal defense was a specialty area, but what I am finding is that pretty much every attorney has a jack of all trades website that says they do it all.

Chipperman · July 8, 2020, 10:39 AM

FlyFish- PM sent

**Aguila Blanca** · July 8, 2020, 11:23 AM

Quote:

Originally Posted by ghbucky

How does one go about identifying the 'best' attorney for this type of thing?

Read the newspaper. Read about crimes, and see which defense attorneys always turn up on the big cases.

zukiphile · July 8, 2020, 11:58 AM

Quote:

Originally Posted by ghbucky

How does one go about identifying the 'best' attorney for this type of thing?

Here in KY, I'm not able to locate any attorneys that claim they are experts in this area. I thought criminal defense was a specialty area, but what I am finding is that pretty much every attorney has a jack of all trades website that says they do it all.

That's the very opposite of the way things work in northern Ohio. Few practice in both criminal and civil and even fewer excel at both.

My clients typically get criminal defense counsel by calling me. If you were caught handing the mayor a bag of money to get a city job, that's one sort of fellow, and if you were pulled over drunk that's another fellow.

You could sit in the courtroom for criminal trials and see who impresses you.

ghbucky · July 8, 2020, 12:12 PM

My guess is that since I live in a blessedly low crime area, an attorney trying to make a living on only criminal defense is going to go hungry.

Most of the attorney profiles that I see in justia.com read like:
"Criminal, Civil Rights, DUI and Personal Injury"

FlyFish · July 8, 2020, 12:39 PM

Quote:

How does one go about identifying the 'best' attorney for this type of thing?

In my case, which may not be applicable generally, I learned about her from a fellow pistol instructor who's a retired cop.

Quote:

FlyFish- PM sent

Reply sent.

insman1132 · July 8, 2020, 06:04 PM

Hey ghBucky, I think the smart gun owner plans well in advance. Find one now in your home area and have them on your cell phone directory. Many can refer you to someone in another state if you have problems there.

ghbucky · July 8, 2020, 06:35 PM

Thanks all for the replies and info. I've got some homework to do

Bartholomew Roberts · July 9, 2020, 04:47 PM

One thing to keep in mind is that national political organizations targeted about 500 local district attorney and sheriff elections in 2019. They are making a run for more in 2020. These are the people who decide if you get charged/prosecuted and they have considerable discretion on that.

If you are seeing DAs and Sheriffs who oppose armed self-defense being elected, that’s a sign of what is coming next. Exercising self-defense is about to be more expensive.

July 7, 2020, 02:24 PM	#1
ghbucky Senior Member Join Date: June 12, 2020 Posts: 1,177	Hypothetical SD aftermath: How do you get an attorney? Hypothetical situation: I've just fired a weapon at a person in a SD situation. I've read articles about stuff you aren't supposed to do like try to explain yourself to the police, and that you are supposed to politely tell the officers that you want legal representation before you will make a statement. What I never seem to see anyone explain is how you go about getting a defense attorney after you are in custody. I'm guessing that I'm going to get a ride in the back of a squad car to the jail after I explain that I won't answer questions about what happened without an attorney present. I do not know any criminal defense attorneys. How do I go about it when I am sitting in a holding cell? Does the locale matter? Can some of the legal eagles here walk through how this works?

July 7, 2020, 04:38 PM	#2
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,459	By law you are allowed a telephone call, for the purpose of getting an attorney. Initially, it doesn't need to be the best criminal defense attorney in the state -- you just need an attorney to help you not make any incriminating statements. You should have the business card of your family attorney in your wallet. If you don't have a family attorney, look up some defense attorneys, pick one, call that office, and ask how you can reach them if you ever get arrested. If you sign up with one of the legal services programs that have been discussed in other threads, they usually provide a telephone number. You call them, and they call an attorney. __________________ NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic

July 7, 2020, 08:04 PM	#4
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,459	Here's some reference material for you: https://thefiringline.com/forums/sho...ight=insurance https://www.concealedcarry.com/self-...rams-compared/ __________________ NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic

July 8, 2020, 07:49 AM	#5
Aloha8 Junior Member Join Date: March 31, 2012 Location: Atlanta... just outside. Posts: 4	I have CCW Safe. Both my wife and I have their emergency number and information in our cell phones. My wife also has an envelope in her desk labelled "in case I get arrested" with the CCW Safe information in it. I figure that in a self defense situation, in case I don't have my cell phone, the one phone number I can for sure remember is my wife's. I call her, she calls CCW Safe, and the process starts. Earlier I read the advice to find a local self defense attorney, as noted previously, and pay the minimum retainer fee so you don't have to worry about that when you make the call from the police station... but just be sure you can remember that phone number just in case. __________________ NRA Life Member -- GeorgiaCarry.org Member

July 8, 2020, 08:23 AM	#7
FlyFish Senior Member Join Date: January 20, 2009 Location: Overlooking the Baker River Valley Posts: 1,723	I carry the business card of [arguably] my state's premier attorney for firearms-related issues in my wallet. I know (from discussions with her) that the number will be answered 24/7. I hope I never have to call it. __________________ NRA Benefactor Life Member NRA Certified Instructor: Rifle, Pistol, Shotgun, PPIH, Metallic & Shotgun Shell Reloading; RSO Pemigewasset Valley Fish & Game Club

July 7, 2020, 07:35 PM	#3
Sharkbite Senior Member Join Date: November 4, 2013 Location: Western slope of Colorado Posts: 3,679	A lot of the defense type ins/pre-paid legal for self-defense events have attnys on call. I use “Firearms legal defense”, look into it.

July 8, 2020, 10:39 AM	#9
Chipperman Senior Member Join Date: January 31, 2000 Location: Live Free or Die, Baby! Posts: 1,550	FlyFish- PM sent

July 8, 2020, 12:12 PM	#12
ghbucky Senior Member Join Date: June 12, 2020 Posts: 1,177	My guess is that since I live in a blessedly low crime area, an attorney trying to make a living on only criminal defense is going to go hungry. Most of the attorney profiles that I see in justia.com read like: "Criminal, Civil Rights, DUI and Personal Injury"

July 8, 2020, 06:04 PM	#14
insman1132 Member Join Date: August 1, 2009 Location: SW FL year around Posts: 56	Hey ghBucky, I think the smart gun owner plans well in advance. Find one now in your home area and have them on your cell phone directory. Many can refer you to someone in another state if you have problems there.

July 8, 2020, 06:35 PM	#15
ghbucky Senior Member Join Date: June 12, 2020 Posts: 1,177	Thanks all for the replies and info. I've got some homework to do

July 9, 2020, 04:47 PM	#16
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	One thing to keep in mind is that national political organizations targeted about 500 local district attorney and sheriff elections in 2019. They are making a run for more in 2020. These are the people who decide if you get charged/prosecuted and they have considerable discretion on that. If you are seeing DAs and Sheriffs who oppose armed self-defense being elected, that’s a sign of what is coming next. Exercising self-defense is about to be more expensive.