Calling a lawyer after a self defense situation

[Guest canynracer]

I think I'm gonna duck that one. There's not a whole lot a lawyer can do for you in the middle of the night except to tell you to keep quiet, and hey I can tell you that now and won't even charge you for it. The worst thing that can happen after a shooting is you get arrested. Whether that happens is going to depend on whatever evidence the police have when they get there; it's certainly not going to depend on whether the lawyer's there or not. It's not like your lawyer could argue with the police when they go to take you away.

I agree, but the atty can be present during questioning...which WILL continue throughout the night...that is what I was speaking of.

[Fallguy]

No point in them possibly spending the night in an interview room because you can’t have your sleep interrupted is there?

I agree, but the atty can be present during questioning...which WILL continue throughout the night...that is what I was speaking of.

You will only spend all night in the interview room if you are arrested or if you voluntarily go. You do not have to go at that moment. If you choose to go, you can leave at anytime, as long as you are not under arrest.

I think Phantom makes very good points.

[strickj]

You will only spend all night in the interview room if you are arrested or if you voluntarily go. You do not have to go at that moment. If you choose to go, you can leave at anytime, as long as you are not under arrest.

I think Phantom makes very good points.

+1

I dont think you would have anything to worry about if your shooting was justifiable.If your worried that it wont be,then maybe you need to reconsider carrying for a while

[BryanP]

Here's one of the best writeups on the subject I've ever read.

http://thelawdogfiles.blogspot.com/2007/01/meditations-on-aftermath.html

[Guest Revelator]

That’s your legal advice?

It’s a homicide. The question is whether it is justifiable or not. If it’s justifiable the Police need to hear that from your client.

The people here have had it beat into their heads not to make a statement until they talk with an attorney. They need to hear you tell them in a good shoot its okay to make a statement.

No point in them possibly spending the night in an interview room because you can’t have your sleep interrupted is there?

Oh, perish the thought--someone actually getting a decent night's sleep. Talking to a lawyer in this kind of situation is important, very important, but it is not literally life and death at that very instant. That is why law offices are not open 24 hours and hospitals are. You say "good shoot." Well, what's that? We could all probably come up with a definition of one now, but in the aftermath of an actual shooting a person may not be thinking clearly enough to recognize if it was one. They might get confused and talk themselves into a bad situation. Actually there probably are times that it's ok for the person to talk to the police without their lawyer, but they're going to have to make that decision right then and there and they're going to have to make it by themselves. And that's a big decision. It just might be better to wait a little bit. A few hours isn't going to kill anyone.

[strickj]

We more then appreciate your advice DAS.

Dont take one bad comment to heart

[Guest Revelator]

Yeah

[Guest canynracer]

Whatever Patrick.

..Im calling you......

[molonlabetn]

D-A-S, if I had your number I promise that I'll simply send you a text message: "azz in jl hlp plz"

...and I very seldom foreward dirty video clips. Whadda'ya say? Can we be BFFs?

Heh. Good advice though... the only thing worthy of mention is that you were in fear for your life, and you want to be checked out for injury/shock. The investigator can wait.

[strickj]

I'm sure that all depends of weather or not the dirty vids are of you or not!

[molonlabetn]

I'm sure that all depends of weather or not the dirty vids are of you or not!

Why does everybody ask that?

[Guest Revelator]

I'm trying to get my number changed to 1-800-SAVE-MY-ASS. Maybe put it on some big billboards.

[strickj]

I'm trying to get my number changed to 1-800-SAVE-MY-ASS. Maybe put it on some big billboards.

Not a good idea!

Im sure someone would change that S to an H

[Metalhead]

Take a look at John M.L. Brown. He is an attorney and firearms instructor. He is on retainer by the Nashville FOP Chapter for their LEO involved shooting incidents. John is our kind of people.

www.prifirearmstraining.com

Mr. Brown is my attorney - super nice guy & wouldnt trade him for the world.

[Angus]

I guess I am lucky that my wife is a legal assistant for a criminal defense attorney, Paul Walwyn. He would come down to the jail with me in the middle of the night ....if I HAD to go.

He knows his stuff, and he knows everyone at the courthouses around Nashville. Politics plays a part in alot of cases.

[TGO David]

Here's one of the best writeups on the subject I've ever read.

http://thelawdogfiles.blogspot.com/2007/01/meditations-on-aftermath.html

That gentleman is spot-on regarding the political nature of self defense shootings. The best thing to do is keep your statement simple and to the point (as has already been covered) and then keep your mouth shut until you get to speak to your attorney.

A few hours spent detained by the police is better than a few years spent incarcerated by the State. Zip your mouth and wait for your attorney. What you don't say can't be held against you! But what you do, can!

[DaveTN]

He knows his stuff, and he knows everyone at the courthouses around Nashville. Politics plays a part in alot of cases.

You bet it does. I seen criminal defense attorneys that couldn’t get their clients out of jail when they came down in person and then I‘ve seen others that would make a phone call into the Command Office, get briefed on what was going on and then get their client a “Notice to Appear†on a felony. That’s some serious difference in people skills.

[Im Neero]

1. I thought he was gonna kill me!
   
2. I'll be happy to provide a statement after I talk with my attorney.
   
3. I don't feel so well. My heart is running like a freight train. I think I need to get to a doctor.
   

I was taught this with one subtle, but important difference. We were told to never say "I thought he was going to kill me," but instead say "He was going to kill me."

[Guest meadowmb]

If you shoot someone this is the advise my lawyer gave me.

1. Make sure they are dead before you call Lawyer.

2. Double check and make sure they are dead.

3. Call cops. Dont say anything to cops at all.

Reason for making sure they are dead. Its hard for the person to testify against you in court.

[Guest db99wj]

I was taught this with one subtle, but important difference. We were told to never say "I thought he was going to kill me," but instead say "He was going to kill me."

I have heard what Phantom has said, and with this variance as well. I was taught this as well in my training.

How much of a problem is this? Here is my train of thought. I am a mid 30's male, with a professional job, family, financially ok, no drug problems, no alcohol problems, no record. I would think for the most part, that the detective is not trying to pin a bad shoot on you. And even if you were to say something stupid, the rest of the facts can get around that. For example, the guy I described above is at a stop light, guy runs up, attempts to carjack, fears for life, bang bang, police show up. Thug vs law abiding citizen...the investigators aren't going to try to put you in jail for the rest of your life. I agree that you will probably go to the jail, for questioning, and you should remain silent, but is what we are discussing the "worst case scenario" or does this happen more than I am thinking?

The reason I am asking is that I don't think that LEO's are out to get us. Something that I see here in Memphis, is that most of the time when there is a shooting, it is so obvious that there was a good guy vs. a bad guy or a bad guy vs. a bad guy situation.

If I am involved in a shooting and I am standing at the end, I am calling 911. That right there says a lot about me, that I am law abiding. If I was not, I sure as hell wouldn't be calling 911.

I know what I have been taught, and this is something I think about in my mind, all the SHTF scenario's that are running through my head.

Just some thoughts.

[towerclimber37]

I guess I am lucky that my wife is a legal assistant for a criminal defense attorney, Paul Walwyn. He would come down to the jail with me in the middle of the night ....if I HAD to go.

He knows his stuff, and he knows everyone at the courthouses around Nashville. Politics plays a part in alot of cases.

of course politics plays a part...especially in shooting someone. it is, among other things, a very political act.

think about this.. you have summarily acted as judge, jury and executioner and ended another beings' life. Others of our ilk will look at you and wonder "is it probable that he did this out of malice? would he possibly do it again?

It's one of the best reasons to keep your mouth shut,IMO. You WILL be judged, after you have been tested.

[Im Neero]

I agree that you will probably go to the jail, for questioning, and you should remain silent, but is what we are discussing the "worst case scenario" or does this happen more than I am thinking?

Probably not. You'll most likely be ok if you say "I thought he was going to kill me."

[Guest db99wj]

Probably not. You'll most likely be ok if you say "I thought he was going to kill me."

Here in Memphis that does seem to be the case, but in smaller towns, they might take you "in", not put into jail, but at the department that happens to house the jail.

[Fallguy]

Here in Memphis that does seem to be the case, but in smaller towns, they might take you "in", not put into jail, but at the department that happens to house the jail.

They are not going to take me, no matter what size town I'm in, unless they arrest me. If I choose to give a statement, I will voluntarily go and leave at anytime I see fit.

[DaveTN]

They are not going to take me, no matter what size town I'm in, unless they arrest me. If I choose to give a statement, I will voluntarily go and leave at anytime I see fit.

So you have a dead guy on your living room floor, you are refusing to make a statement, and now you are going to start thumping on your chest and banging heads with the investigators?

It’s a short walk to the cage car in handcuffs. What could possibly be your reasoning in forcing an arrest?