Dealing with the Police After

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madmax

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This is something that I wish we could get across more often.

Just because two knowledgeable people disagree doesn't mean what one of them says is worthless.

Simply consider what the individuals' respective expereiences are and make an educated decision for yourself.

Differing opinions is completely okay. Doug's opinion here is NOT blather. It is the voice of his experience.

When someone with no experience in these matters speaks, you should consider the source.

Here is the source is good, even if I disagree

Michael Brown
I think the difference is in your evaluation of what kind of person you are. Doug probably speaks from the perspective of the lowest common denominator, having dealt with all kinds of people, including those with little self control, who are quite excitable, who may lack critical thinking skills, who are more likely to act stupidly in tense situations and who may have more of a tendancy to blabber, etc. etc. By the nature of his occupation, he can't count on people behaving any better than that.

The former officer however, may give people in general more benefit of doubt, even if only a little bit. He also sees it from the eyes of an officer where a shooter who clams up and demands a lawyer immediately arouses suspicion.

Meh, better having to pay a lawyer than being dead I suppose.
 

JamesBell

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MB, thank you for taking the time to put this down for all of us. Many of us know lawyers and the advice they give. However, they aren't the ones doing the investigation- and unless they are a DA they don't have anything to do with whether you end up on trial. The police at the scene are the ones that will gather the information that can show you to be innocent or make you look guilty. Given a choice, I'd much rather make a police officer on the scene like me and make my lawyer mad than the other way around.

I still won't be saying too much. But, after spending a lot of time thinking about this, talking to some LEOs, and what you have said here it is clear that clamming up and demanding a lawyer isn't the best idea.
 

green country shooter

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Very good initial post. I think a lot of people with no experience of the criminal justice system don't understand how much discretion is built into it, both on the part of the police and the prosecutor. Don't make them your enemy.
 

green country shooter

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Berettaman:

You wrote: "With no crime how does a dead guys family have any standing in court?"

Unfortunately there are two standards and two different court proceedings. It is not necessary for there to have been a criminal court case for the "victim" to sue you.

You can be sued for something that was not a crime, such as breaking a contract. For that matter, even if there was a criminal complaint and the person was acquitted, they can still be sued. If you doubt it, ask O.J. Simpson.
 

J.P.

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Berettaman:

You wrote: "With no crime how does a dead guys family have any standing in court?"

Unfortunately there are two standards and two different court proceedings. It is not necessary for there to have been a criminal court case for the "victim" to sue you.

You can be sued for something that was not a crime, such as breaking a contract. For that matter, even if there was a criminal complaint and the person was acquitted, they can still be sued. If you doubt it, ask O.J. Simpson.


Didn't Oklahoma just pass legislation that granted immunity from civil prosecution if the shoot was clean?
 

Ride Da Fire

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I decided to offer up this advice after Friday's CCW shooting.


Do not just say "I want my lawyer." Politely agree to cooperate with the investigation of the criminal who tried to murder you once your lawyer arrives.


Michael Brown


This is just a question for you Michael. I remember when I took the CCW class the instructors said not to tell anyone anything about what happened, ONLY talk to the lawyer what happened at the scene and only discuss with the lawyer about it. Why did they says that? This is the only question I have, other than that I totally agreed to what you said above.

thanks
 

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