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Old March 11, 2011, 05:09 PM   #26
HoraceHogsnort
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Shut up and lawyer up.
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Old March 16, 2011, 06:43 PM   #27
youngunz4life
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this case isn't castle doctrine, but the strength of the castle doctrine law is such that the defense is trying to force the issue and they might actually get away with it
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Old March 16, 2011, 08:15 PM   #28
ltc444
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shut and lawyer up

Shut up and lawyer up is the best advice that you can get following any incident.

A police officer who is involved in a shooting is not, in most jurisdictions, interviewed or required to make a statement for between 24 and 48 hours. My department allways, immediately, read the officer his rights and we did not "talk" to him about the incident until after he had time to decompress and consult his attorney.

Citzens should not talk to police without benefit of counsel. Any imediate statements made should, include name, contact information and a respectful refusal to say anything else.

Police will con you, they will misrepresent your statements and lie with with impunity in their reports and testimony.

Silence and a lawyer are your best options after a firearms incident.
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Old March 16, 2011, 09:45 PM   #29
Frank Ettin
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Quote:
Originally Posted by HoraceHogsnort
Shut up and lawyer up....
A widely held view, but not necessarily the best idea in a self defense incident.

[1] 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.

[2] 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?

[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 ---
  • Say 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.
  • Say something like, "I will sign a complaint." You are thus immediately identifying the other guys(s) as the criminal(s).
  • Point out possible evidence, especially evidence that may not be immediate apparent. You don't want any such evidence to be missed.
  • Point out possible witnesses.
  • Then say 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."
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Old March 16, 2011, 10:27 PM   #30
youngunz4life
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I hear you fiddletown and can't argue with that advice, but it is a tightrope and you ARE playing with fire. If you are worked up or start talking you need to be able to shut up quick! I have to agree with ltc444. The officer is going to go off on a tangent(very quickly) and start asking questions(depending on the personality will decide how long he/she decides to just listen to you&he is human and might remember/write differently in his report).

You can also self-fulfill a prophecy if you worry about what they are going to think, as their first impression might not line up to your hopes and/or it very possibly will be taken with a grain of salt no matter what. There is a saying by officers(mainly the detectives and maybe its not a saying): "Get a statement". They don't care if the statement is: "I didn't do it." and then you ask for a lawyer. They want a statement of any kind to get the ball rolling, to know somwhat more where you stand, etc. If you follow ltc's advice and just explain your reasoning and that its neutral you should be ok.

However, I can definately see certain situations where a brief statement might be a good idea, but heck there are good instances where you can allow a cop to search your vehicle(different example) but it still might just be better to matter of factly state: "I don't and can't consent to any searches but you will if think you should I guess." Because you know that might be one of his first questions in this scenario anyways, so why not just 'shut the well' off right from the start because you're playing w/fire?

I have even heard some people say that after dialing 911 with the phone its better to hang up(not hang up but give address+brief explanation and say you cant talk) because would've you remember differently than the recorded message or if that gets you in hot water somehow. some lawyers will try anything. I don't know enough about the last part not even close&am not saying this myself, but I do know landline 911 asap is crucial. if you wait a sec you just might not even have time to ever get back to it depending on the situation and thats unacceptable in a family safety situation and that should be the first concern. its a beacon not a phone convo at least in my book
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