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March 24, 2014, 07:23 PM | #1 |
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Get a lawyer before talking to police
I know some here will bring up plausible situations on talking to police outside of an attorney. I acknowledge that. However, my general advice is to exercise the right to stay silent and get a lawyer asap. I have read one too many articles and heard one too many stories of people getting into trouble by not exercising their rights.
I am not an attorney myself, but I always tell people when the topic comes up to stay silent and get a lawyer. There should be a sticky on this and I hope the mods can put together a good thread for such a sticky. This subject gets rehashed so many times, but its great advice which should always be followed. I have no idea why so many people cant follow this basic advice. Simply put in plain English for all to understand when the man with the badge comes knocking then its not a time to put on display your great skills of speech and oration. Its a time to close the mouth, but before the mouth closes then say clearly...I want a lawyer. |
March 24, 2014, 07:39 PM | #2 |
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Excellent advice.
It's hard to say, but when Officer Friendly is approaching you to ask investigative questions, the odds are NOT that he's looking for you to explain how your conduct is innocent. His intention is to find criminal activity; if the answers to his question don't produce evidence of criminal conduct it just means that he's asking the wrong question and just needs to find the right one. |
March 24, 2014, 08:03 PM | #3 |
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Are we talking about maintaining silence after an armed confrontation, when charged with a weapons violation, or just in general?
"Mouth shut and lawyer up" isn't really the solution for every situation.
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March 24, 2014, 08:43 PM | #4 |
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If you are in an armed confrontation it always looks better if you are the one making the call. When the police arrive, simply say , "I was attacked by the person, here is his/her weapon, here are the spent cases. I will make a statement within 24 hrs. after I have consulted with my lawyer. There is no need for anything more, unless you want to get yourself in trouble.
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March 24, 2014, 08:54 PM | #5 | ||
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On 2 May 2013 the OP raised essentially the same issue in this thread.
As I outlined in this post, if you have just had to defend yourself, remaining silent until you see your lawyer might not be the best idea: And people need to understand that sometimes what you don't say can be used against you too. The Supreme Court has ruled that one may be asked questions in under circumstances not amounting to a custodial interrogation, and one's silence in response to such questioning may be used by the prosecution (Salinas v. Texas, No. 12-246, Supreme Court 2013).
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March 24, 2014, 09:02 PM | #6 |
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Its tough to state matter of factly in a message forum what to say, when and for what situation. In fact, its tough to explain the concept in general even in person.
A good motto to remember would be to "shut up and lawyer up". That motto would help more people then it would hurt. I can see a lot of guys in the news would have benefited from such advice. Of course, there are things you can say, but that would be too tough to explain to all audiences and not everyone could execute flawlessly when the time comes I say lets keep it simple and stick with shut up and lawyer up. It sounds harsh, but its easy to remember and will work for most situations. I would rather tell my own kids "look just shut up and lawyer up" then to launch into an explanation on what can and cannot be said. |
March 24, 2014, 09:21 PM | #7 | |
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The problem is that that advice can lead to the disappearance of evidence and the disappearance of witnesses that the police will likely not be looking for when they arrive at the scene and that may be crucial to a defense of justification. I don't buy that advice for self defense cases. |
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March 24, 2014, 09:24 PM | #8 | |||
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On the other hand, as the Supreme Court noted in Salinas: and: And while if you have been involved in a self defense incident it's perhaps better to say nothing than to say the wrong thing. But it's better yet to say the right things. We study and train not to just get by, but to mange things in the best and most effective ways.
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March 24, 2014, 11:02 PM | #10 | |
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March 24, 2014, 11:15 PM | #11 | ||
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It's important to understand that just because we have a right to do something that doesn't always make it the smartest thing to do. Exercising a right without any thought or without proper understanding of the ramifications of one's actions can certainly result in a negative outcome. Quote:
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March 25, 2014, 07:19 AM | #12 | |
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I do not understand why people want to give legal advice, when they are not lawyers. Neither do I understand why one would listen to a lawyer and ignore his/her advice.
I do not mean to imply that I understand all the legal talk and ramifications of each action. But it does continue to amaze me the number of people who miss the basics. Quote:
Not cooperating with the police and then hoping your lawyer is able to get you off is one option, but lawyers can only work with what you give them. (I think that is para-phrasing something Frank Ettin said.) I hope that I would be able to remember the guidelines above and give my lawyer a little more to work with. I do not know how many prosecuting attorneys we have here, but I do wonder how they would handle it in court if I refused to cooperate until after I got a lawyer? How would they introduce me to a jury? What sort of picture would they paint?
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March 25, 2014, 08:04 AM | #13 | |
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Quote:
With that caveat, I would urge everyone to read, and then re-read, Frank Ettin's post (#5) very carefully. While the precise contours of the law vary from state to state, it's an outstanding overview of the issues. As far as refusal to cooperate after lawyering up, I'll have to come back to that, because I have to go prosecute for a little while this morning.
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March 25, 2014, 11:20 AM | #14 |
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My experience is life experience and I am an old man. I walk out the door each day and each time I do there is something different to see. When you get to this point in life your mind should be filled with experiences just like mine. You should have been taught many lessons.
I know from those many experiences in my own life, as well as reading and hearing other peoples experiences, that when in doubt its best to say nothing not just in legal situations involving the police, but all situations. Sometimes the best thing to do is sit back and say nothing. I remember many times in the past thinking to myself "I shouldnt have said anything". Maybe those words came to yourself on occasion over the course of time and experience. Its best to learn early on that what you say can get you in more trouble then what you dont say. I dont make that statement as a lawyer, but as an older man telling a younger man some worldy advice. If I brought the issue up once before I apologize, but I see so many news articles where firearms owners get themselves in more trouble by what they say and not what they dont say. There should be a sticky on the right to remain silent and to have an attorney. Im not sure why so many dont know these basic rights. |
March 25, 2014, 11:31 AM | #15 | ||
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Quote:
Quote:
As it's been written, there's a time for silence and a time to say something. What's important is recognizing when to speak and what to say. Anyone can shut his mouth. But the wise man masters his tongue and uses it appropriately.
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March 25, 2014, 11:33 AM | #16 |
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Shall we rely on the life experiences, memory and interpretations of a single, self-proclaimed "old man" or rather on the collective wisdom of the (tens of) thousands who make a living working in the legal system that we're discussing?
The problem I see here is that you are simplifying the issue to "Talk" or "Don't talk.". The issue is not that simple. The correct answer, in a generic sense is "Say the right things and then shut up." "The right things" are almost never going to be nothing. There's virtually always going to be something that needs to be said, as has been repeatedly explained.
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March 25, 2014, 01:47 PM | #17 | |
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So far, what we have in common is that we're old. Depending on your definition of "old," it so happens that Frank Ettin is also a (somewhat) old man. Not as old as I, and perhaps not as old as you, but not exactly a spring chicken. Beyond that, though ... Frank Ettin just happens to be an attorney at the end of a long and successful career. So I hope you'll understand if I choose to pay considerably more attention to his advice than to yours. |
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March 25, 2014, 02:26 PM | #18 | |||
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Does your "experience" tell you that, upon arriving at the scene of a shooting incident, officers will be for some reason sufficiently likely, without having been so advised, to divine the possibility that the shooting may have involved self defense, and that they will be disposed to look carefully for exculpatory evidence? Does your "experience" give you a basis for believing that responding officers would be able to somehow identify who among those at the scene were witnesses, and to prevent their disappearance? Does your experience tell you about the problems a defendant will face in preventing a defense of justification in the absence of favorable evidence and witnesses? Did you bother to read and understand Frank Ettin's explanation of those subjects? Did you read and study the link provided in Post #9, in which attorney Andrew Branca explains the reasons why your ides might end up destroying someone's defense? Here is a relevant excerpt:
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It contains the gist of what Frank Ettin provided here in Post #5. I would imagine that the TFL Staff would be amenable to putting the same thing here in the form of a sticky. |
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March 25, 2014, 03:00 PM | #19 |
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One should have an understanding of opinions expressed on the internet in that they are just opinions. For example, I have used products and traveled to places which had great reviews, but I could not come to the same opinion as the other internet reviewers.
I never stated I was an expert or that I had this greater knowledge of the world. I truthfully told you my experience in these matters which is life experience. Consider me just another opinionater along with the rest. Police officers are trained to get an answer out of you. They know what "buttons to push" and how far they can go. Anything you say can be twisted against you. They have done this many times before. Therefore, if an officer knocked on my door right now then I would tell them they need to talk to my lawyer and have a nice day. If anyone wants to do differently they can, but thats what I would do. Thats my personal opinion and what I would do. |
March 25, 2014, 03:25 PM | #20 | |
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A lot of opinions expressed on the Internet or elsewhere by folks without any real qualifications for expressing those opinions aren't worth bothering with. On the other hand, the opinions of people with relevant education, training and experience regarding the subjects they are opining on can be well worth noting. So I'll pay attention to the opinions of people like Massad Ayoob or Andrew Branca or Spats McGee on matters within the scope of their expertise. But I won't pay attention to the opinions of someone who hasn't established that there's any reason to believe that he know what he's talking about.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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March 25, 2014, 04:36 PM | #21 |
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Although it's long, in my opinion, everyone should watch this once or twice and take it to heart:
https://www.youtube.com/watch?v=6wXkI4t7nuc |
March 25, 2014, 04:49 PM | #22 | |
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Quote:
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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March 25, 2014, 05:02 PM | #23 |
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To put it in very simple terms, one of the key differences between defending an ordinary crime and defending an SD shoot is this:
1) In defending an ordinary crime, the defendant's primary tactic is often to simply take this position: "the State cannot prove that I did X, Y, or Z." 2) In defending an SD shoot, the defendant is often forced to take this position: "I did it, but I had a really good reason."
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March 25, 2014, 05:38 PM | #24 | ||
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But if you opt to do that when the officer is responding to a use of force incident in which you may have to precent a defense of justification, that strategy could increase the likelihood of your being arrested on the spot, where "have a nice day" won't cut it; and more importantly, it could in fact be what ultimately results in your conviction. I'm not sure how that can be explained any more clearly than it already has been explained several times in this thread. Do you understand what Messrs Branca, Ettin, and McGee have explained to you? At all? Quote:
If it is the former, you can find out when you can next attend MAG-20. You'll have to pay for it. |
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March 25, 2014, 06:45 PM | #25 | |
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Also works when explaining to the Wife. Lord, give me the wisdom. |
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