If you are involved in a self-defense shooting, should you clam up or tell your version?

quote:
Originally posted by Aglifter:
A) I doubt there’s a lawyer on this forum who will tell you talking, without counsel, is a good idea.

B) My question for the LEOs, do officers in your department talk with investigators right after a shooting, or do they wait until they have legal counsel/union rep, etc.

^

one of the OIS I was in, the PD treated us all who fired as if we were suspects, they separated us and took our guns. And it was a good shoot, cut and dry.
When each one of us separately asked for an attorney(not the city attorney) the sgt (who had shot someone before) told the captain to go fuck off....the sgt, got us out of the building and told us not to talk tonight, but to wait for a few days and only after we talked to our personal attorney. Then he told us who he used....it was a shitshow from jump street because the PD was only interested in covering themselves and it was obvious to us.

Since I’m retired, I’d follow paras advise based on the city I live in now...if it were back in Wilson....I’d clam up because I know the DA and the courts....

And I’d advise you all to find a cop and ask him who the PBA lawyer is or who the cop would use if he shot someone.

"Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein

“You may beat me, but you will never win.” sigmonkey-2020

“A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker

Posts: 11278 | Location: Temple, Texas! | Registered: October 07, 2006

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SgtGold

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The defendant in this case was a felon who could not possess a firearm. My take is this information, plus his unwillingness to cooperate made him less than a sympathetic defendant. Yes, other than making a brief statement such as 'I shot because I was in fear for my life', not talking to the police is probably a good idea.

quote:
Originally posted by EasyFire:
I just ran across this analysis & appeal of a trial on a claimed self-defense shooting. This link will not remain open long. This appeal is easy to read and understandable.

https://lawofselfdefense.com/l...-fl-ct-app-2nd-2020/

My synopsis:

It seems as though the shooter would make no statement as to the circumstances of the killing of two people in the yard of his residence. He was found guilty of murder, etc. and sentenced to life in prison. A crucial point of the case that was promoted by the prosecutors was the defendant’s unwillingness to tell his side of the incident to the police at the scene so consequently he was guilty of the murders. This silence was promoted in the trial as proof of guilt by the prosecutors.

Most defense attorneys that I have dealt with advise their clients not to say anything the incident. Their reasoning is that you are likely to damage your case without a lawyer available to advise you. I have always thought this to be bad advice and now there is a case to prove it. I do understand the attorney’s reasoning because the cases they see are nearly always ones in which the charged party is guilty or has made incriminating statements. They simply do not get many cases in which the charged party is quite innocent.

I also learned that this is a common prosecutorial tactic throughout the US. It might happen in your state also. There are no federal rules on this and each state makes its own rules on silence before arrest. And before you throw up Miranda, please make sure you understand exactly what Miranda rights provide.

Also I am not a lawyer and my comments are merely a personal layman’s opinion. I do have a scenario of what to do that solves both the problem of silence (and failing to get ahead of the narrative) and running your mouth so badly that you get yourself in trouble.

Enjoy the story and ask that personal lawyer you keep in your back pocket if you should remain silent after a self-defense incident or not. 

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Posts: 7073 | Location: Newyorkistan | Registered: March 28, 2007

dave7378

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I live in NY so absolutely I am declining to comment until I speak to my attorney. Potentially costly yes, especially since I can't purchase insurance for that instance in my state, but that won't factor into my decision should the need arise to defend myself or my family.

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Posts: 5907 | Location: Hampton Bays, NY | Registered: October 14, 2006

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