Well J.P. beat me to it, I was looking for that thread.
Thanks J.P.
Thanks J.P.
I don't get the paranoia of the "cops are out to get me" part of a self defense shooting.Fine go ahead and let the "gobblin" rob and kill you or your loved ones so you don't have to worry about that pesky lawyer needing to be present.Anyone who needs 72 hours of medical observation or 2 weeks to "consult" with a lawyer after protecting themselves probably shouldn't have been carrying a gun in the first place.We know our rights,we better know the law and we chose to carry a weapon for just such occasions.I'm behooved??????????????????? It's always like people think they've done something wrong by defending themselves.Lets thank society for trying to make "not being a victim" a crime.Jiminy christmas,if people are that parnoid then don't carry a gun,stay home alone all the time with your 36 cats. (get down Mr Bumbles i'm trying to type) 
All that said, I can't see any reason why you wouldn't want to follow this advice. Whether we like or not, a self defense shooting is just the start of your problems, not the end. You do have the right to not answer any questions without your lawyer, but it is hard for me to believe that a police officer can watch someone demand to lawyer up, and not wonder what they are trying to hide. But, it is also easy for me to see why the stress of taking another life could lead you to need medical attention. One would hope that your lawyer would be available after your treatment is completed, and you wouldn't be left demanding a lawyer before they talk to you, because he/she will be there and will be demanding to be with you before any questions are asked.
JamesBell said:
Because this hospital thing is really just a red herring by those who don't really know better.
If you have legitimate need for medical attention after a shooting, then go to the hospital.
Otherwise, follow the sound advice in the previous thread and ignore the ridiculous suggestions in the other thread.
If you absolutely don't want to answer questions or provide a synopsis of your defense of your life and there are circumstances that don't appear in your favor, going to the hospital won't keep you from being arrested or detained.
Trying to find loopholes in self-defense shooting proceedings is a bad road to go down and quickly becomes a slippery slope.
Give a brief synopsis without extreme detail as advised in the previous thread and request an attorney before further formal questioning.
It IS that simple.
Michael Brown
What you say makes sense. But, I still don't agree. Hospital or no, I would want a lawyer with me before I even thought about opening my mouth. Every person on the scene could agree with your decision, but one idiot DA and it doesn't matter. If it comes to that, I don't want to have said anything that could be viewed the wrong way by a jury of 12 sheeple.
·¬Kj?amesBell]What you say makes sense. But, I still don't agree. Hospital or no, I would want a lawyer with me before I even thought about opening my mouth. Every person on the scene could agree with your decision, but one idiot DA and it doesn't matter. If it comes to that, I don't want to have said anything that could be viewed the wrong way by a jury of 12 sheeple.[/QUOTE]
100% agreed. One D.A. can make things extremely difficult.
The problem is, there really isn't a lot a lawyer can do to help you out of the questions the police really need to have answered quickly. Not answering those could affect the D.A.'s opinion much more than anything you could offer in the suggested statement.
The statements in the other thread are very general, non-committal, and easily modified if necessary.
Further than that, go ahead and get your attorney if you so choose.
Either way, you pays your money, you takes your chances.
Michael Brown
100% agreed. One D.A. can make things extremely difficult.
The problem is, there really isn't a lot a lawyer can do to help you out of the questions the police really need to have answered quickly. Not answering those could affect the D.A.'s opinion much more than anything you could offer in the suggested statement.
The statements in the other thread are very general, non-committal, and easily modified if necessary.
Further than that, go ahead and get your attorney if you so choose.
Either way, you pays your money, you takes your chances.
Michael Brown
The more I read and think about this, you may be correct. But, my mind keeps going back to one idea. The shooter will be stressed, especially if the bad guy is dead. I don't care who a person is, taking another's life at close range will have an impact unless they've been in the same situation before. Now, while not thinking clearly, and dealing with the emotions that come with taking a life, the police officers begin to ask questions that they have to ask. I see an opportunity for an exchange like the one below to take place:
LE: So, the bad guy approached you, pulled out a weapon, and demanded money, is that correct?
Shooter: Yes, that is what happened.
LE: What happened then?
Shooter: I gave the man my wallet and hoped he would go away. However, he then got more aggressive and wanted more. I didn't have anything else to give him, and I didn't know what to do. He kept persisting, so I drew my weapon and shot him.
LE: How many times did you shoot him? (Knowing that he, like many others, kept pulling the trigger until the gun stopped going bang)
Shooter: I really don't know. I remember pulling the trigger, I think I shot two or three times.
LE: What made you decide to shoot? Were you fearful for your life? Did you not see any possible way to escape?
Shooter: I don't know, maybe I could have run away or something. I was scared, and I just wanted him to stop.
In the scenario I just laid out, there are a couple of things that could get the shooter in trouble, yet nothing he said was wrong. I would much rather have an attorney there to help me in that situation. But, as we all know if they want to prosecute, they will, regardless. I just don't want to give them any more ammunition than they already have.
LE: So, the bad guy approached you, pulled out a weapon, and demanded money, is that correct?
Shooter: Yes, that is what happened.
LE: What happened then?
Shooter: I gave the man my wallet and hoped he would go away. However, he then got more aggressive and wanted more. I didn't have anything else to give him, and I didn't know what to do. He kept persisting, so I drew my weapon and shot him.
LE: How many times did you shoot him? (Knowing that he, like many others, kept pulling the trigger until the gun stopped going bang)
Shooter: I really don't know. I remember pulling the trigger, I think I shot two or three times.
LE: What made you decide to shoot? Were you fearful for your life? Did you not see any possible way to escape?
Shooter: I don't know, maybe I could have run away or something. I was scared, and I just wanted him to stop.
In the scenario I just laid out, there are a couple of things that could get the shooter in trouble, yet nothing he said was wrong. I would much rather have an attorney there to help me in that situation. But, as we all know if they want to prosecute, they will, regardless. I just don't want to give them any more ammunition than they already have.
Did you even read the thead that was put up for you.
I will quote MB here:
"Officer, that man there tried to kill me and I shot him in self-defense. I know you have an investigation to do and I will gladly cooperate and sign any complaints against the man who tried to kill me." Then point out any witnesses to the incident. Then and only then say "Before discussing any of the details of this incident, I'd like to speak to my attorney first and will fully cooperate with your investigation then."
I will quote MB here:
"Officer, that man there tried to kill me and I shot him in self-defense. I know you have an investigation to do and I will gladly cooperate and sign any complaints against the man who tried to kill me." Then point out any witnesses to the incident. Then and only then say "Before discussing any of the details of this incident, I'd like to speak to my attorney first and will fully cooperate with your investigation then."
JamesBell said:
The dialogue you posted is exactly what I am cautioning against i.e. verbal diharria.
Use the much simpler statement listed in the other thread and then wait for your attorney and expert witness before speaking any further.
It may indeed be an accurate dialogue depending on who shows up to investigate but if you say less than what I've suggested, don't be suprised if you get arrested. If you say more, its your're own fault because you've been informed of an intelligent way out while still easily displaying that you are the victim and not the suspect.
Michael Brown
One thing that I probably should add is that if you avoid arrest initially, you are almost in the clear.
If you get arrested, it may take a jury to acquit you.
Typically if the police don't make a probable cause arrest if the shooter is contacted, there probably won't be any arrest forthcoming. It's not impossible; Just not likely.
If a police officer arrests you and the D.A. decides to prosecute, its just sort of expected unless there were some serious problems, extenuating circumstances, or errors. These are not terribly common despite what the media may have you believe.
If you are not arrested, then its a lot of work for a D.A. to get a conviction. They will always have to answer "Why didn't the police make an arrest?" and that is very hard to convince 12 people of.
I still say, from experience, your best bet is to make sure the initial investigators realize that you are the victim.
Michael Brown
If you get arrested, it may take a jury to acquit you.
Typically if the police don't make a probable cause arrest if the shooter is contacted, there probably won't be any arrest forthcoming. It's not impossible; Just not likely.
If a police officer arrests you and the D.A. decides to prosecute, its just sort of expected unless there were some serious problems, extenuating circumstances, or errors. These are not terribly common despite what the media may have you believe.
If you are not arrested, then its a lot of work for a D.A. to get a conviction. They will always have to answer "Why didn't the police make an arrest?" and that is very hard to convince 12 people of.
I still say, from experience, your best bet is to make sure the initial investigators realize that you are the victim.
Michael Brown
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