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re: Defense Lawyers point of view for using your concealed firearm

Posted on 2/15/16 at 2:12 pm to
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 2/15/16 at 2:12 pm to
quote:

This isn't something you want to do on the spur of the moment -- or by using the "Yellow Pages" while you're making your "one phone call" from parish prison
Bail bondsmen and attorney pages are all torn out of the phone books in jails by inmates
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81736 posts
Posted on 2/15/16 at 2:17 pm to
quote:

I would suggest that a limited statement of what took place will go a long way toward establishing you are the victim.

During the investigation & during a trial, victim > suspect/perpetrator.

Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 2/15/16 at 2:21 pm to
quote:

Bail bondsmen and attorney pages are all torn out of the phone books in jails by inmates
You've confirmed my presumption.
Posted by Chad504boy
4 posts
Member since Feb 2005
166500 posts
Posted on 2/15/16 at 2:21 pm to
quote:

Whatever you want to do.



I shot the sheriff.

















but i did not shoot the deputy.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/15/16 at 2:22 pm to
I will point out. Investigators aren't required to allow lawyers be at interviews.

I can count on one hand the number of times I let an attorney sit in an interview.

Typically you either agree to the interview or not.
Posted by Pepperidge
Slidell
Member since Apr 2011
4314 posts
Posted on 2/15/16 at 2:34 pm to
quote:

I can count on one hand the number of times I let an attorney sit in an interview.



excellent gestapo tactics...Hitler would be proud!
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/15/16 at 2:40 pm to
No gestapo tactic.

You either agree or not. It's not like TV.





Posted by Mr Wonderful
Love City
Member since Oct 2015
1045 posts
Posted on 2/15/16 at 4:07 pm to
quote:

I will point out. Investigators aren't required to allow lawyers be at interviews.


Mmm as soon as the individual says the magic words, you better not ask him anymore questions. But yea if the dummy agrees to an interview, he better choose his words carefully.

quote:

AlxTgr
quote:

Stop giving out bad advice


You're either in law enforcement or a moron. I suppose you could simply be naive. It's really simple: the only person that will tell you to speak to law enforcement without a lawyer present is law enforcement. Anything to the contrary is actually, as you call it, "bad advice."
Posted by thejudge
Westlake, LA
Member since Sep 2009
14072 posts
Posted on 2/15/16 at 4:12 pm to
Dont talk to cops part 1

don't talk to cops part 2

One why being silent after a shooting might be the best bet
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81736 posts
Posted on 2/15/16 at 4:16 pm to
quote:

You're either in law enforcement or a moron. I suppose you could simply be naive. It's really simple: the only person that will tell you to speak to law enforcement without a lawyer present is law enforcement. Anything to the contrary is actually, as you call it, "bad advice."

Sorry, it's the never speak always get a lawyer group that is naive. Actually, delusionally paranoid is the better description. But hey, if you want to become a suspect when you otherwise would not by all means don't say anything and get lawyered up immediately.
Posted by rattlebucket
SELA
Member since Feb 2009
11485 posts
Posted on 2/15/16 at 4:44 pm to
The lawyer says
quote:

I recommend you do not carry your firearm with a round in the chamber.


Posted by Pioneer BS 175
Pcola
Member since Jul 2015
1276 posts
Posted on 2/15/16 at 5:04 pm to
Defense Lawyers point of view for using your concealed firearm
I will point out. Investigators aren't required to allow lawyers be at interviews.

I can count on one hand the number of times I let an attorney sit in an interview.




You have the right to remain silent and refuse to answer questions.
Anything you say may be used against you in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present.

What about the part that says I have the right to have an attorney present during questioning?

I KNOW MY RIGHTS, I KNOW MY RIGHTS!
This post was edited on 2/15/16 at 5:12 pm
Posted by chalupa
Member since Jan 2011
6761 posts
Posted on 2/15/16 at 5:14 pm to
(no message)
This post was edited on 4/12/20 at 11:42 am
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/15/16 at 5:31 pm to
quote:

What about the part that says I have the right to have an attorney present during questioning?


If you request an attorney, the interview is terminated and there is no questioning for your attorney to be present for.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/15/16 at 5:32 pm to
quote:

I always tell people if you have to shoot someone in your home (or really anywhere for that matter) call 911, tell them an act of self defense has been committed and give your address and hang up. No more details.


That is the dumbest thing I have heard on this subject.
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 2/15/16 at 5:56 pm to
quote:

But yea if the dummy agrees to an interview, he better choose his words carefully.
Been watching The First 48?
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 2/15/16 at 5:58 pm to
quote:

delusionally paranoid
I'd rather be that than in the big house for the rest of my life
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/15/16 at 6:10 pm to
Now that I have time, here is my 2 cents.

First off, 17 years in LE with most of that being in Investigations.

My view on Conceal Carry is that you shouldn't need a permit. You have a right to protect yourself and shouldn't be required have a permit to not be a victim. I advise everyone that not only should they own a firearm they should carry one everywhere.

On the job, my right to protect myself as a police officer is the same right a citizen has to protect themselves.


When it comes to a shooting, I don't need to pay an attorney to tell me to tell the truth. I'm going to tell the truth regardless.

As an investigator, someone who refuses to give any statement or answer questions is gonna instantly lose credibility with me. Again, why do you need an attorney to tell you to tell the truth?


This post was edited on 2/15/16 at 6:12 pm
Posted by rattlebucket
SELA
Member since Feb 2009
11485 posts
Posted on 2/15/16 at 6:14 pm to
1. because there are some bad cops in the world and the shooter doesnt know them.
2. A trial of your peers may not see your action of using a firearm as reasonable regardless if it was or not.
3. The LEO may inaccurately document what you say.

These are straight from the article. Paraphrasing a bit.

In 17 yrs, have you not known 1 innocent person go to prison?
Posted by diat150
Louisiana
Member since Jun 2005
43670 posts
Posted on 2/15/16 at 6:19 pm to
quote:


When it comes to a shooting, I don't need to pay an attorney to tell me to tell the truth. I'm going to tell the truth regardless.

As an investigator, someone who refuses to give any statement or answer questions is gonna instantly lose credibility with me. Again, why do you need an attorney to tell you to tell the truth?


you are trained to handle those types of situations or have been on one side of them. the average citizen is not. its not about telling the truth. someone involved in a incident, may make a statement that incriminates them. heck, it may not even be true what they say, the mind will fill in the blanks in traumatic situations.

quote:

As an investigator, someone who refuses to give any statement or answer questions is gonna instantly lose credibility with me


who cares? its going to be up to the da and or a jury.
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