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re: Defense Lawyers point of view for using your concealed firearm
Posted on 2/15/16 at 11:39 am to Hammertime
Posted on 2/15/16 at 11:39 am to Hammertime
quote:Holy crap
I've learned over the years (the hard way), that no matter what they say, cops are never trying to help you go home. They are not your friends. They are looking to arrest people all day long.
Remember, if you say one wrong thing, you could go to jail for life
Posted on 2/15/16 at 11:40 am to MahiFishn
here is what ive learned by asking...
always speak in generalities never describing what it is you did or didnt do..ie: "there has been a shooting" NOT "i shot someone". if specifically asked, "did you shoot?", you respond "i felt my life was in danger and i will give a statement with my lawyer present"
always speak in generalities never describing what it is you did or didnt do..ie: "there has been a shooting" NOT "i shot someone". if specifically asked, "did you shoot?", you respond "i felt my life was in danger and i will give a statement with my lawyer present"
Posted on 2/15/16 at 11:40 am to TigerTatorTots
"officer, there he is, that is the person that threatened my life, I want him arrested and I will file charges" (even if he is laying lifeless on the floor in a pool of blood with 12 holes through him,
next statement, I want my lawyer present before answering any questions and I am requesting an ambulance (possibly due to chest pains, anxiety, or injuries sustained during confrontation)
next statement, I want my lawyer present before answering any questions and I am requesting an ambulance (possibly due to chest pains, anxiety, or injuries sustained during confrontation)
Posted on 2/15/16 at 11:42 am to AlxTgr
quote:You want to weigh in instead of mocking the responses?
AlxTgr
Posted on 2/15/16 at 11:47 am to SpeckledTiger
quote:
Can you point me to examples of where a justified use of a firearm later led to prison time and/or a civil suit? I've heard this many times before, even from an attorney that spoke at our CHP class, but I've not read where this has actually occurred.
Brian Harrison - george temple incident, Perry Stevens was cleared an any criminal wrongdoings but has had multiple civil suits that he has had to defend on his dime
Yoshi Hattori Rodney Peairs, again no criminal wrong doing but lost a civil case to the tune of 1 million, homeowners paid the policy limits of I think 100K and Peairs went bankrupt
Posted on 2/15/16 at 12:02 pm to Tigerpaw123
were these cases under current Louisiana law that prohibits civil suits if a justified shooting occurred?
Posted on 2/15/16 at 12:07 pm to SpeckledTiger
quote:
were these cases under current Louisiana law that prohibits civil suits if a justified shooting occurred
I am not aware of that law, when was it put in the books and can you reference it, I would seriously like to read it?
Castle Doctrine? If so, only applies to your house??
Posted on 2/15/16 at 12:13 pm to Tigerpaw123
point is you would have to be stupid as frick to talk to the police at all after shooting someone... no matter the circumstances.
Posted on 2/15/16 at 12:17 pm to diat150
quote:
point is you would have to be stupid as frick to talk to the police at all after shooting someone... no matter the circumstances.
I agree
Posted on 2/15/16 at 12:56 pm to diat150
quote:
point is you would have to be stupid as frick to talk to the police at all... If you've been arrested for anything no matter the circumstances.
Take it from someone who has knowledge (albeit limited) of city/parish police up to the FBI. Law enforcement, in most circumstance, is not your friend. They are trying to arrest people. Period.
ETA: No attorney will advice you to speak to police ever. It cannot and will not make your situation better. You have nothing to gain. It can only make it worse.
This post was edited on 2/15/16 at 12:58 pm
Posted on 2/15/16 at 12:57 pm to StrongBackWeakMind
quote:Hell no
You want to weigh in instead of mocking the responses?
Posted on 2/15/16 at 12:58 pm to Tigerpaw123
quote:
I am not aware of that law, when was it put in the books and can you reference it, I would seriously like to read it?
§2800.19. Limitation of liability for use of force in defense of certain crimes
A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.
B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.
Acts 2006, No. 786, §1.
RS 9:2800.19
Posted on 2/15/16 at 1:19 pm to TigerTatorTots
Speaking from experience as a detective.
If you haven't done anything wrong you should always provide the investigator a statement. Give the investigator something to work with.
As an investigator, just give me a summary of the events. We can sit down later for a detailed interview and questions.
But show some cooperation and get your side of the events documented at the beginning.
If you haven't done anything wrong you should always provide the investigator a statement. Give the investigator something to work with.
As an investigator, just give me a summary of the events. We can sit down later for a detailed interview and questions.
But show some cooperation and get your side of the events documented at the beginning.
This post was edited on 2/15/16 at 1:21 pm
Posted on 2/15/16 at 1:20 pm to AlxTgr
quote:
Hell no
Then obviously you have nothing of value to add. Congratulations - your tactics in an argument are analogous to a kid screaming random things with his hands over his ears.
Posted on 2/15/16 at 1:43 pm to bapple
quote:I have my reasons.
Then obviously you have nothing of value to add.
quote:Stop giving out bad advice.
Congratulations - your tactics in an argument are analogous to a kid screaming random things with his hands over his ears.
Posted on 2/15/16 at 1:44 pm to theenemy
quote:
If you haven't done anything wrong you should always provide the investigator a statement. Give the investigator something to work with.
quote:
But show some cooperation and get your side of the events documented at the beginning.
Posted on 2/15/16 at 1:47 pm to theenemy
quote:
Speaking from experience as a detective.
you being a detective makes your opinion only more biased.
quote:
If you haven't done anything wrong you should always provide the investigator a statement.
so many shades of grey with "done anything wrong" when you are talking about taking someone's life away.
quote:
As an investigator, just give me a summary of the events.
ahh, we're here to make your life easy.
quote:
We can sit down later for a detailed interview and questions.
i bet you can. You'll need time to distort and come up with angles of interrogation.
quote:
But show some cooperation and get your side of the events documented at the beginning.
I want my lawyer. #dealwithit
Posted on 2/15/16 at 1:53 pm to Chad504boy
Whatever you want to do.
Just giving you a little advice to make it easier for you.
Just giving you a little advice to make it easier for you.
Posted on 2/15/16 at 2:02 pm to Tigerpaw123
quote:I'd like to see your source of information on this. I've had more than one person intimately familiar with this case in my CCW classes -- to my knowledge only one civil suit was filed, and in that suit the City of BR & State Farm stepped up on behalf of Perry Stephens.
Brian Harrison - George Temple incident, Perry Stevens was cleared an any criminal wrongdoings but has had multiple civil suits that he has had to defend on his dime
quote:
with that said, if I remain silent, I imagine my chances of going home within the next 48 hours are just a tad above 0%.
I'm not qualified to suggest whether anyone should "remain silent until your attorney is present." But I can tell you it is very are to have students in my classes who have already chosen an attorney prior to carrying. (Maybe 1%).
I tell every student that this is something they should do before they start carrying. (Some of them should probably do this before even buying a SD weapon.) You should have his office phone #, his home phone # and his cell phone # -- plus that of one of his colleagues -- in your wallet (I have this info taped to the back of my CCW permit).
Once you've been taken into custody -- and if you "remain silent" you should plan on having this happen -- it'll be a little late for you to start looking for recommendations and interviewing candidates to serve as your criminal defense attorney (Conversely, you'll probably have plenty of time to retain a civil defense attorney).
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.
quote:I hate to even mention this advice (from the attorney who wrote the article that's being discussed in this thread) after the barrage of comments posted in an earlier thread. But I think he makes some very valid points.
As you have heard many times, ignorance of the law is no excuse. Especially in cases involving firearms, you would be well served to study the law, and to think about its application before carrying, or even owning, a firearm.
This article is no substitute for studying the law regarding firearms and self-defense. Reading this article will not teach you everything you need to know about carrying or using a firearm; far from it.I recommend that all gun owners take an initial comprehensive gun safety class as well as a refresher class on a regular basis from a qualified instructor. Carrying a firearm is a huge responsibility. There is no room for error. I have seen many lives changed forever based on an erroneous split second decision or an honest mistake.
Not five people out of 100 walk into my classes with a solid understanding of Louisiana's justifiable homicide statues. The few that do are usually attorneys who practice criminal defense.
You may be in that 5%. Or you may feel confident that you can study this on your own. Great -- just be sure that you know this stuff before you start carrying (or before you pull a gun out of the nightstand at 2:00 a.m.)
Just my $.02. IANAL
Posted on 2/15/16 at 2:06 pm to theenemy
quote:I would suggest that a limited statement of what took place will go a long way toward establishing you are the victim.
As an investigator, just give me a summary of the events. We can sit down later for a detailed interview and questions.
But show some cooperation and get your side of the events documented at the beginning.
During the investigation & during a trial, victim > suspect/perpetrator.
But I will defer to the attorneys here on both of these issues.
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