Do we talk or not?

[UltimaSE]

I find myself somewhat confused. On one hand the accepted notion is if something does happen, ie confrontation gun drawn and maybe shots fired. We are not supposed to say anything to the police without an lawyer present. I understand this is to protect ourselves.

But recently I've stumbled across a post where someone did not draw but did place his hand on his firearm. In this situation or in a situation where someone does draw I believe the accepted notion is to call the police and tell them exactly what has transpired. We're supposed to do this because we don't want other people to call the police and perhaps be arrested for their side of the story. That and it's somewhat supported that the person who gets through first, usually gets the benefit of the doubt and is believed easier.

Or a different senario. Late night home invasion. Clearly justified stops, but again we're not supposed to talk, wait for a lawyer. So all these rulings that we read about where the home owner talks to the police and the DA decides not to prosecute are just strokes of luck? Instead after the events happens, we're supposed to wait for the police, be taken in for questioning, and wait for a lawyer.

Anyone have any input on what we should do?

UltimaSE

 

[Zundfolge]

A clean shoot is a clean shoot ... doesn't matter what you say afterward.


However, the less you say the less trouble you risk ... and the constitution says you don't have to say squat.


A "borderline" shoot and/or an anti-gun/anti-self defense DA can complicate things. The idea behind keeping your mouth shut and lawyering up is for those cases.

 

[Vernal45]

What ever the outcome, shut up, lawyer up.

 

[UltimaSE]

let me think of a senario....

Walking down the street with your girl...

three young males are walking towards you, at some point or another you come to the conclusion they are going to try to do great bodily harm or worse. Maybe a knife come out on their behalf.

At this point I think my reaction would be to begin retreat and well as drawing out, and trying to talk myself out of the situation.

All well and good, you get away. The young males get to a phone first and call. Or you get to the phone first and call. Of course they deny everything. At this point what situation have you gotten yourself into?

You are at risk for being arrested for brandishing, which is really the only thing that everyone can agree with, which could result in you losing your right to carry. But what could you do differently here?

Vernal45, so in the case of drawing to stop a percieved threat you would first contact a lawyer before contacting the police?

UltimaSE

 

[Vernal45]

Vernal45, so in the case of drawing to stop a percieved threat you would first contact a lawyer before contacting the police?

NO, the way I understood your question is, the police are already there talking to you AFTER the incident. Always be the first one to call the police, if you have to pull your weapon, put your hand on it, whatever show of force. You felt that you were in danger, you showed or used force/use of force. Call police, once they get there explain that you were in fear of you life, lawyer up and get ready for the ride.

 

[UltimaSE]

Alright, so you call the police first, what do you say to them? Be extremely limited in what you tell them? Or tell them everything?

UltimaSE

 

[Vernal45]

LIMITED. Call, tell the dispatch who you are, where you are, describe yourself and the fact that you felt in fear of your life and defended yourself. Ask to be patched to the responding unit (they may or may not do it). If they do patch you through, tell the officer exactly what you told dispatch. Tell them only that you responded with what ever force because you were in fear of your life. DO NOT answer any questions until you speak with a lawyer. Remember, the police do not know WHO the victim is, the police are not your friends in this, they are there to ARREST someone.

I suggest:

"Officer, he came at me with a__________, I feared that he/she was going to kill me. I am really rattled, my chest hurts, I really want to cooperate but I need to speak with my attorney first. His name and number are in my pocket."

 

[UltimaSE]

thank you vernal, that answers a lot of questions.

UltimaSE