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Started By
Message
re: Defense Lawyers point of view for using your concealed firearm
Posted on 2/16/16 at 11:13 am to AlxTgr
Posted on 2/16/16 at 11:13 am to AlxTgr
quote:
I've seen way more instances of cops going out of their way to help absolve someone than burn them. In fact, that's pretty much all I see in my death cases. I have one now you really would not believe. The cop must have spent 10-12 hours over the course of several days documenting everything possible to clear the survivor.
so this got nothing to do with waiting on counsel... or do the cops not do this if you lawyer up after you shoot someone cause they didn't get their immediate statement.
Posted on 2/16/16 at 11:14 am to Chad504boy
That post was for the guys posting the bullshite about cops wanting to arrest you.
Posted on 2/16/16 at 11:15 am to AlxTgr
quote:
That post was for the guys posting the bullshite about cops wanting to arrest you.
but its being portrayed by the "detective" that we don't give statement without counself, that he's out to get you then.
Posted on 2/16/16 at 11:16 am to VetteGuy
quote:
You kill someone, justified or not, in about 90% of the cases you're gonna spend a ton of money.
That's not true at all.
Here's the problem with not giving a statement. Whether you want to believe it or not, the human mind subconsciously assumes that someone that refuses to give a statement has something to hide. You are giving the investigators and persecutors a reason to look deeper into what happened. A lot of people watched Making a Murderer so I'll use that as an analogy. Many people believe that the cops thought Avery did it from the get go, so they planted evidence to ensure a conviction. This is confirmation bias. Why would you plant the seed in the investigator's head that you did something wrong?
Again, this is not a one size fits all type of deal. I certainly understand someone not wanting to make a statement when there is any question as to the justification of the shooting. But in a situation where you are 100% sure you were justified, not giving a statement is likely to do more harm than good. Believe it or not, most people shot by concealed carry holders in a self defense or defense of others situation are POS criminals. The cops are likely glad that you exercised your right and got the scumbag off the street. They're not looking to arrest you, they're more likely to thank you.
This post was edited on 2/16/16 at 11:29 am
Posted on 2/16/16 at 11:23 am to UpToPar
quote:
That's not true at all.
You didn't red my follow-on post.
I disagree with you, just based on what I've seen people go through when the shooting is 100% justified by law.
In some cases, your legal bills will be minimal.
But given the likelihood of a civil suit, yes, you're gonna spend some money.
Posted on 2/16/16 at 11:26 am to UpToPar
quote:
the human mind subconsciously assumes that someone that refuses to give a statement has something to hide. You are giving the investigators and persecutors a reason to look deeper into what happened. A lot of people watched Making a Murderer so I'll use that as an analogy. Many people believe that the cops thought Avery did it from the get go, so they planted evidence to ensure a conviction. This is confirmation bias. Why would you plant the seed in the investigator's head that you did something wrong?
such bullshite. look all they want, i'm innocent and not making mistakes in anything I say.
Posted on 2/16/16 at 11:26 am to UpToPar
quote:
If it was up to this lawyer, everyone would refuse to give a statement and retain him for a small fee . Why do you think he has that boilerplate statement on the back of his business cards.
The boiler plate statement is to ensure you make it clear to the cops that you want to retain your rights in a clear concise statement. You probably don't want to mince words and give them ambiguous statements when you're clearly in no state of mind to be giving absolute accounts about the events that occurred.
Posted on 2/16/16 at 11:30 am to UpToPar
quote:
Again, this is not a one size fits all type of deal. I certainly understand someone not wanting to make a statement when there is any question as to the justification of the shooting. But in a situation where you are 100% sure you were justified, not giving a statement is likely to do more harm than good. Believe it or not, most people shot by concealed carry holders in a self defense or defense of others situation are POS criminals. The cops are likely glad that you exercised your right and got the scumbag off the street. Their not looking to arrest you, they're more likely to thank you.
Then my good friends the police should be completely OK with me waiting until my lawyer gets there? I mean, I'm all stressed b/c I've just taken a life, probably need a few minutes to compose myself?
What do they tell cops to do, in a similar situation?
Posted on 2/16/16 at 11:31 am to upgrayedd
Right. I don't think there's anything wrong with the statement. My point is, there's a reason the statement is written in the back of his business card.
Posted on 2/16/16 at 11:33 am to VetteGuy
No one here is going to shoot anyone anyway.
Posted on 2/16/16 at 11:36 am to UpToPar
I think it's for the protection of his clients, not for his personal gain.
Posted on 2/16/16 at 11:39 am to VetteGuy
If SHTF in New Orleans, I'm driving my arse to the nearest JPSO station and placing calls on the way there
No way in hell would I deal with those idiots right off the bat
No way in hell would I deal with those idiots right off the bat
quote:I think they talk to the police lawyer provided by the union and get everyone's story straight before giving a formal statement (usually a couple of days afterwards)
What do they tell cops to do, in a similar situation?
This post was edited on 2/16/16 at 11:43 am
Posted on 2/16/16 at 11:51 am to theenemy
quote:
We can get into the details later but as an investigator I just want the basic summary of events and what you perceived and why you justified it before it gets tainted by outside influence.
And I want to ensure that I dont artificially or accidentally incriminate myself by giving you a statement "that can and will be used AGAINST me in a court of law" under the intense pressure and heat of the moment that I have just had to endure to protect myself and my family. I want to make sure that I dont give YOU any information that YOU can then go on to "taint" or construe in your own mind and then use YOUR influence in any way against me, because frankly I dont trust you. You are seriously sitting here telling all of us that a statement would "ease your mind". You know why? Because anyone that can say
quote:
someone who refuses to give any statement or answer questions is gonna instantly lose credibility with me
is already biased and will not let the evidence speak for itself. How do you not see that you are basically saying your impression of whether Im innocent or not is based off of my intial cooperation, and that you will then use that first impression of me to form in your own mind my possibility of innocence or guilt. You are automatically making this an opinionated thing and are even fricking boasting that your opinion can then sway the opinion of the DA.
quote:
And who do you thinks sits down with the DA and dicusses whether or not it was justified
....but you somehow cant understand why people dont want to trust an investigator?
This post was edited on 2/16/16 at 1:02 pm
Posted on 2/16/16 at 12:01 pm to AlxTgr
That is my absolute fervent hope.
I would do anything possible to avoid it.
I would do anything possible to avoid it.
Posted on 2/16/16 at 12:13 pm to Hammertime
quote:
I think they talk to the police lawyer provided by the union and get everyone's story straight before giving a formal statement (usually a couple of days afterwards)
I think the Ferguson situation is a great example. I can promise you Darren Wilson was immediately under counsel from the local union attorney before any official statements were given. But he also had the advantage of being under the protection of his department (a luxury none of us have).
Also take in mind the main witness of the case, Dorian Johnson, who not only lied but set off a national movement that was based on his proven lie. Nothing happened to him, yet the cop's life was ruined. That, to me, is an excellent reason to keep your mouth shut. You never know what the intentions of the witnesses are either.
Posted on 2/16/16 at 12:24 pm to VetteGuy
quote:
What do they tell cops to do, in a similar situation?
Still waiting for the answer to this same question from anyone who knows and I figure only an attorney or LEO can answer it?
Posted on 2/16/16 at 12:37 pm to BFIV
There's tons of generalizations in this thread. Some cops are going to actually want the truth. Some don't give a shite. They have the "arrest them all and let the courts figure it out" mentality. The point is you have no idea which one you're sitting across the table from. In either case, he's going to seem like your "friend."
The only times my mouth is opening is to ask if I'm free to leave and if he/she says No, then I need to call my lawyer.
The only times my mouth is opening is to ask if I'm free to leave and if he/she says No, then I need to call my lawyer.
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