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. 

I've always subscribed to the "I was in fear for my life officer but I feel it best I speak with my attorney before I answer any questions" approach but I'll be very interested in the more learned opinions here.

I think a good defense attorney would be able to refute the argument the prosecutor put forth. I think the post above mine is the correct response.

and here we go...

in short -- having spoken to several lawyers over the years the consensus is: STFU and get a lawyer ASAP. The average person -- after undergoing likely the most traumatizing event of his life -- has no idea how to intelligently navigate the legal process.

Yes -- you may be hooked and booked.

But in the end the life you save may be your own.

YMMV.

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In several classed I've attended, I was taught if involved in a shooting defending myself to be polite to the responding officers, and pretty much say what Ryanp225 said. Comply fully. Never heard of pre-arrest silence being used against a defendent. Different strokes for different states?

I have studied this thoroughly on the Armed Citizen Legal Defense Network. Their opinion, often put forward by Massad Ayoob, is that you should point out the basic facts, and agree to a complete cooperation once you have had 2-3 days to calm down.

The basic facts: There is the shooter, there is his weapon, there are the shell casings. You were defending yourself and you will sign the complaint against the shooter.

Police involved in a shooting wait 2-3 days, on advice from thier lawyers, FOP, etc. They know your understanding of the facts will be more accurate once you have had a chance to calm down and reflect upon what happened.

Here is how it should go.

1. Call 911, I was afraid for my life and was forced to defend myself. Send ambulance right away.
When the police arrive :

2. He attached me.
3. I'll sign a criminal complaint.
4. I was forced to defend myself.
5. There's the evidence.
6. I need to talk to a lawyer.
7. I do not consent to any search.
8. I will cooperate fully once I have consulted with an attorney.
9. I ask for the same courtesy that you would show to a fellow LEO involved in a similar situation.
10. Thank you for your help and understanding.

The replies so far all hit on the things I was taught by police.

In short, SSgt USMC/Vet has the comprehensive bite-sized version. Place away from yourself and surrender any firearms used in the shooting, point out evidence, explain you will cooperate fully, but that you wish to speak with legal council first. Be polite.

I have read some first-hand accounts of shootings that weren't at all handed this way and no arrests were made nor charges pressed because it was obvious what happened. One guy even got his gun back within 9 months and the blood was cleaned off it, no less.

I think a lot of it may depend on where you live and the responding officers.

For me it will be I will talk to my attorney .
As they say anything you say will be used against you.

The devil is in the details.

If you're "not saying anything" that's fine - that's your right - but you should be unequivocally clear that you are invoking your right to remain silent and your right to an attorney. I'll say it again: unequivocally clear. Anything that is not unequivocal may not be considered an invocation and therefore may be a problem.

My observation is that a lot of apparent "self defense gone wrong" cases with convictions are often hung on something that happened after the fact when truthfully, there are issues with how the accused acted. Think of the pharmacist that chased the guys out of his business and killed then in the street or the homeowner that shot the guy across the street and then went to bed. There are much bigger issues there than statements made or not made by the accused.

You also need to know your state's self defense laws. Know how they apply to you, your family, your home, defense of others, etc. They're all written down. Go read and understand that stuff.

"Thank you officer, please understand that I have just been in a very stressful situation. I will be able to answer any and all of your questions when my attorney is present."

Don’t talk to the police

It is not about disrespect.

After such a traumatic event you need to be evaluated for cardiac issues immediately and have an attorney present when the doctor gives the all clear and you’re no longer all pumped up.

Don't say a damn thing unless it's to your lawyer.

While not a self defense case, this point is relevant. I remember seeing an account of a murder on one of those TV reality crime shows. A woman was murdered. The police questioned her husband. He answered a few questions about where he was at the time of the murder, then "lawyered up," refused to consent to any searches and otherwise stopped cooperating with police. Sounds like a guilty man, right? As time went by the police eventually caught the murderer. The husband was 100% innocent and had absolutely nothing whatsoever to do with the murder. They interviewed the grieving husband at the end of the show. The obvious question was "if you were innocent, why not cooperate with the police." His answer. He was aware that the prosecutor in the county had fought the release of a guy who DNA evidence showed conclusively was not responsible for a rape that he was doing time for. The husband said if the prosecutor's only interest is locking up people regardless of guilt or innocence, what chance do I have if they don't find the real killer and just want to close the case? I think the guy did the right thing.

It all depends on the circumstances and where you are...

If it is a truly clean shoot (you did not shoot someone in the back/40 yards away/etc) AND the local DA does not have a hard-on against citizens protecting themselves, then it probably does not matter whether there is a lawyer present when you are questioned.

I say this based upon personal experience.

I was involved in a shooting; and in spite of being taught otherwise and a previous job in working in a PD, I told the detective everything without an attorney present.

No charges where filed.

YMMV...

In the end, however, it is probably best to ask for representation prior to answering questions.

quote:

Originally posted by SHOOTIN BLANKS:
Don’t talk to the police

It is not about disrespect.

This!!!!

quote:

Originally posted by mo4040:
It all depends on the circumstances and where you are...

Yes, this sounds right to me. For instance, if I'm in my home and someone kicks in the front door and tries to come in and I shoot them dead, I can't imagine going through this "I need first to speak with a lawyer" stuff. Just doesn't make sense to me if it's a clear-cut case of me shooting an aggressor in my home. When the police asked "What happened", I'll just tell them. Different circumstances may dictate a different approach, of course.

I was told that nothing that you say to the Police will help you in a court of law.

Well, the truth is the truth, and if the truth is that I'm sitting in my living room and some thug I've never seen before kicks in my door and I shoot them, I fail to see the need to act like an automaton when the police show up, see my broken front door and some tatted-up felon bleeding out in my foyer.

I'm not engaged in a continuing criminal enterprise and the police won't find some drug stash in my home that the dead BG was after. I'm a realist, and to get all rigid and act like I need to consult with a lawyer rather than say "This guy broke in and I shot him. I've never seen him before in my life." is kinda silly. I know that not everyone lives in a state where citizens are allowed to defend themselves, but I do live in such a state, so...