Pro-gun defense lawyer in Chattanooga?

[Guest st33ve0]

I figure I should have a lawyer on retainer or at least a number to call if I'm involved in a self defense shooting now that I carry. I know a few lawyers in town, but none of them do criminal defense . Anyone know a good one in Chattanooga?

[rbishop]

You do not need to "retain" a lawyer just because you now have a carry permit. And unless you plan on committing a crime why would you need a criminal defense lawyer? I think you need to re-think this situation.

[Guest st33ve0]

Every place I've ever seen advice about what to do after you've been involved in a self defense shooting has said "tell the police you'd like to talk to your lawyer". I don't "have" a lawyer and I don't imagine my friends that do business law would be much help in that situation...

[rbishop]

I guess my concern is that it is very unlikely you will ever have to use your handgun. Its almost as if you expect you are going to be in a situation where you will need a lawyer. Maybe I am just mis-reading your post. But anyway why don't you ask one of your business law friends for their advice? I can give you the name of one of the best criminal defense lawyers in the State. His office is in Cleveland, but he is very very expensive!

[Guest st33ve0]

I hope that I never have need of a firearm, but I also hope that I never need my car insurance and have it anyway. I like to be prepared and if someone were to try and harm me or someone else for whatever reason and I shot that person I wouldn't want to be figuring out what lawyer to talk to then when I can do it now.

[MacGyver]

There have been some good threads on this over the years, including comments from some members here who are attorneys.

Feel free to search them out.

Here's one:

http://www.tngunowners.com/forums/handgun-carry-self-defense/200-calling-lawyer-after-self-defense-situation.html

[DaveTN]

If you are going to invoke Miranda; I would suggest you have an attorney you can call. It could make the difference in you going to trial or not.

But I can’t help you with an attorney in Chattanooga.

[K191145]

I guess it would be a good idea to "know" a lawyer, but if the police and DA officially rules the self defense shooting justified I wouldn't think you would need one. I plan on just telling the police what happened and I felt my life was in danger and nothing else. Now if I lived in California or New England it might be a different matter and I may just be assuming but, I think local police will lean to the side of the law abiding permit holder rather than the dead perp with a mile long rap sheet and a weapon. At least the cops I know would. It may be a dumb move but I'll talk and just say how I felt and the situation that made my decision, nothing else. If I feel like they are trying to get me to admit to any fault then I'll demand a lawyer. I also know better that to make really dumb statements like, " yea, that scumbag gang banger pulled that frog sticker on me and I had to pump some lead in him." I'll just basically say that the guy was comming at me with a knife to stab me and I had to draw my weapon and fire.

[DaveTN]

I guess it would be a good idea to "know" a lawyer, but if the police and DA officially rules the self defense shooting justified I wouldn't think you would need one. I plan on just telling the police what happened and I felt my life was in danger and nothing else. Now if I lived in California or New England it might be a different matter and I may just be assuming but, I think local police will lean to the side of the law abiding permit holder rather than the dead perp with a mile long rap sheet and a weapon. At least the cops I know would. It may be a dumb move but I'll talk and just say how I felt and the situation that made my decision, nothing else. If I feel like they are trying to get me to admit to any fault then I'll demand a lawyer. I also know better that to make really dumb statements like, " yea, that scumbag gang banger pulled that frog sticker on me and I had to pump some lead in him." I'll just basically say that the guy was comming at me with a knife to stab me and I had to draw my weapon and fire.

They aren’t going to “rule†anything without a statement from the shooter. How long it takes to get that statement could directly impact the resources need at the scene and the outcome of the investigation.

Although I can’t picture myself invoking Miranda, I’m not saying don’t do it. But if you exercise your right to speak to lawyer it would be a good idea if you had the ability to speak with a lawyer.

[JC57]

It's perfectly reasonable to want to have the contact information for a competent attorney. If you are ever involved in a self-defense shooting, then you have two potential legal issues to deal with - the possibility of a criminal investigation, and the possibility of civil action being filed against you.

In either case it would be exceptionally wise to confer with an attorney in as short a time period as possible after the incident and ideally prior to giving any statements to police beyond what is absolutely necessary at the scene.

It is quite possible to be exonerated in a shooting situation under criminal law, while still being found liable for damages under civil law. Statements you make to police may later be used to cast you in a negative light in a civil case. If you've ever encountered the situation of something said being taken out of context, then you understand what the risks could be there.

I would say a good idea would be to get out your yellow pages and identify a reputable law firm (rather than just a single attorney) and keep one of their business cards handy. You can always hire a different lawyer who specializes or at least has experience with self-defense cases after the fact. But when you tell the police "I'd be happy to cooperate with you but I'd like to have an attorney present with me during the interview," then it's kind of handy for you to actually have a number you can call.

As to whether you want to spend the $250+ per hour for a consultation before-hand is up to you.

Edited February 20, 2011 by JC57
typo

[K191145]

They aren’t going to “rule” anything without a statement from the shooter. How long it takes to get that statement could directly impact the resources need at the scene and the outcome of the investigation.

Although I can’t picture myself invoking Miranda, I’m not saying don’t do it. But if you exercise your right to speak to lawyer it would be a good idea if you had the ability to speak with a lawyer.

I wont say anything that would could be used against me later on, any statement would be as basic and generic as possible about the situation. I don't know any criminal defense lawyers but I do know someone I could contact that would set me up quickly with a sharp minded lawyer if I needed one and I WOULD advise them of the event, just in case. Of course I know every situation is different and not all will be cut and dry, if there's alot of grey area and they carried you in then I would definatly keep my mouth shut.

Now I can sit here and say I would do this and that but we are never 100% sure of what we would do in a real situation if it's never happened to you, I just hope I can be somewhat calm and smart about it.

[vontar]

Read this. I found it very enlightening.

http://www.tngunowners.com/forums/handgun-carry-self-defense/15780-legal-perspectives-use-deadly-force.html

pay close attention to What to do afterward

If that doesn't help

watch these 2 video's.

Edited February 19, 2011 by vontar

[vontar]

I don't "have" a lawyer and I don't imagine my friends that do business law would be much help in that situation...

BTW, once you ask for a lawyer, you are entitled to a lawyer and they a suppose to quit asking you questions. Even if the first lawyer is your business lawyer he should be able stand in until a more suitable lawyer is found (just a guess).

(BTW, I am not a lawyer, nor did I stay at a nice hotel last night.

i am not responsible for saving the world.

I can not be held responsible for my own advice.

I can not be held responsible if my advice leads nuclear war).

[enfield]

I want Vinny Gambini!

Edited February 20, 2011 by enfield

[midtennchip]

Read this. I found it very enlightening.

http://www.tngunowners.com/forums/handgun-carry-self-defense/15780-legal-perspectives-use-deadly-force.html

pay close attention to What to do afterward

If that doesn't help

watch these 2 video's.

In a self-defense shooting, be careful following the advice of the law professor in this video. I agree that in almost every other case, the prof is absolutely correct. However, in a self-defense case, I believe there are other considerations. Massad Ayoob, who I believe to be the most authoritative on this subject (even though he's not a lawyer), disagrees with the prof for a number of reasons that are very specific to a self-defense case. Unfortunately, because of the rules of ethics for lawyers, I do know want to elaborate too much. My suggestion would be to look into what Ayoob has to say and evaluate it for yourself.

[vontar]

And that is why I am not a lawyer. I just like to argue.

When I was in college, I had some grand ideas of going to law school, however that was not in the cards. I beat the odds finishing high school and then college as it was. However now that I have been out in the world I sure would like to hit college again. I want a do over.

[LagerHead]

Vontar beat me to posting the videos. I got first hand advice from a police officer to state very, very briefly that you were afraid for your life and you would like an ambulance. As soon as you request an ambulance the questioning stops. That gives you time to calm down, think about what happened, get rid of diarrhea of the mouth, and contact a lawyer. You may also have suffered some unseen damage due to the stress of the situation and it would suck to fall over dead in the interview room at the local PD.

I can tell you this: I will NEVER go into an interview room without a lawyer. If you do then you will likely end up as an example of the old saying that man who represents himself has a fool for a client.