Legal Question

[Guest clownsdd]

Unless your life was in jeopardy at the scene of the shooting ie crowd, buddy etc, I can see no reason why you would leave and also why you would not notify the authorities. Simple common sense would tell you that ain't right. This is not a valid question IMHO

[DaveTN]

what could you be charged with if you left the scene, went on about your business, and didn't report the incident?

Since I would not have your side of the story you would be arrested on charges of Homicide and felony obstructing.

What you would actually be charged with would be between you and the States Attorney whenever you found it convenient to meet with him. (Probably before you are released from jail.)

[Guest nashvegas]

I'll take my chances without.. unless the shooting is questionable. I wouldn't have a problem telling exactly what took place unless the event could have been avoided. if it could have been avoided you've got other problems on your hands.

I saw these videos about a year ago. They're long, but worth watching.

[Guest Ggun]

If it was necessary to shoot a fellow human in self defense, and you were in the right, beyond a shadow of a doubt up to that point in time, what could you be charged with if you left the scene, went on about your business, and didn't report the incident? It would seem to me that something wouldn't be right about it, but you didn't commit a crime, so you wouldn't be leaving the scene of a crime. Under what grounds are you required to report it? If the same encounter ended in a fist fight instead of shooting, are you required to report that? I'm sure this has been addressed before, but I can't find it.

Dude, the intentional killing of a human by another human is a felony crime. If you intentionally shoot a fellow human to death, you have committed a felony crime until you prove otherwise.

Fist fights aren't that way. Misdomeanors are different than felonies.

You don't legally have to report the shooting, the State has the burden to first prove it was you that did the shooting.

IMO>

[Guest rabidrhino]

Bluntly put, not having a lawyer on your side is absolutely asinine.

Believing that any case of "self-defense" is clear cut is just about as bad.

[Guest bkelm18]

So I guess all these countless stories of people defending themselves that we read and hear, every single one of them had a lawyer standing by there side the entire time? I highly doubt it.

[Guest don_m]

I have always heard, from lawyers and police, that if you are involved in a self defense shooting always have a lawyer present when you talk to the police. They will be the only ones looking out for your best interest. Even Mas Ayoob recommends that.

For the record, here is exactly what Ayoob says (from his lips at LFI in 2009). Flight is perceived as guilt by those who may judge you, and puts you at a huge disadvantage in the legal process. You do need to call the police, and be the first to do so if possible, since the first caller gets to start the process as the victim. You want that to be you. There are several things you do say when the police arrive: 1) He attacked me. 2) I was in fear for my life. 3) I will sign a complaint. 4) Those are the witnesses (they have a way of drifting off to become forever lost). 5) There is the evidence (shell casings, etc. have a way of blowing away or being taken by bystanders as souvenirs). 6) You will have my full cooperation after I speak with my attorney. Then you shut up. They may not like it -- they're there to arrest criminals, not to help you. They will understand it, since they're taught to do the same thing for the same reasons.

NEVER answer detailed questions like "where were you?"; "how many shots?", etc. At this point you probably don't really know due to the effects of the massive adrenaline dump that's taken place (tunnel vision, cognitive dissonance, auditory exclusion, ...). If the evidence or witnesses say you're wrong -- and at that point you likely will be wrong about at least some things -- now you're a "liar" and things go downhill. [This was a big problem for Harold Fish, who spent several years in prison for a justifiable shooting.]

The best case is that you go home, consult your attorney, tell your story to the police/DA, and then go back home.

[Oh Shoot]

...The best case is that you go home, consult your attorney, tell your story to the police/DA, and then go back home.

Ok, officers, I'm going home now. I'll be in touch. Y'all have a nice day.

I doan thin so, Lucy.

- OS

[Guest don_m]

Ok, officers, I'm going home now. I'll be in touch. Y'all have a nice day.

I doan thin so, Lucy.

- OS

Meaning you aren't charged . . .

[molonlabetn]

Best case, yes, you go home. Not all shooters are charged, or taken to jail even (actually, I've read of very few cases of self defense in which charges were filed)

[Fallguy]

Ok, officers, I'm going home now. I'll be in touch. Y'all have a nice day.

I doan thin so, Lucy.

- OS

LOL...well he did say "best case"

[lowbud]

I don't drive a vehicle without insurance I won't talk to the police without a lawyer. First off the only thing I will tell the police at the time if god forbid I need it is that I will answer all of their questions as soon as my lawyer is present and that I believe I might need medical attention.

My attorney will show up and tell me which questions I should answer and will help me keep my answers as brief as necessary.

Umm.. most of us have insurance becasue it's the law.

Bluntly put, not having a lawyer on your side is absolutely asinine.

Believing that any case of "self-defense" is clear cut is just about as bad.

Ya'll can spend your money how you see fit, and I do the same. I for one will not give an attorney a single penny unless I have absolutly no choice.

The legal system sucks. I'm not worried about being tossed in the slammer for a self defense death. What worries me is the fact you can be charged with nothing and then be hauled into court for wrongful death. Attorney or not, civil suite will break you one way or another.

[Mike.357]

I for one will not give an attorney a single penny unless I have absolutly no choice.

I think shooting someone, even in self defense fits this definition.

Way better to pay an attorney, ( and believe me if I am hiring one because I shot someon and I am getting the biggest name I can), than to even risk the slightest chance of going behind bars.

[Oh Shoot]

Meaning you aren't charged . . .

Best case, yes, you go home. Not all shooters are charged, or taken to jail even (actually, I've read of very few cases of self defense in which charges were filed)

LOL...well he did say "best case"

Whatever, but I don't think "I feared for my life" alone is gonna cut it at the scene before you toddle on home. You're going to have a nice little detailed chat with someone - if you insist on having your lawyer with you before you talk anymore, unless you have him with you at the time, you're gonna likely be detained somewhere until he shows, and you talk.

- OS

[Oh Shoot]

Meaning you aren't charged . . .

You can be detained without being charged.

48 hours I think?

- OS