Standing Wolf
Member in memoriam
Something's grossly wrong with a nation whose citizens believe they need lawyers for this, that, and just about everything else.
Do you REALLY need a lawyer
- Thread starter armedpolak
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Massad Ayoob gave his recommended method on one of the TV shows, I don't know if he has a similar column online or not. Basically, if at all possible, you be the one to call the cops and you be the one to sign a complaint, give them basic information and then ask for a lawyer. (I think, I may have missed a step there.)
Cosmoline
I have to disagree. You always should have a lawyer present when answering question from a DA or police, if for nothing else; how many times have you been through this? Chances are any lawyer worth his salt, has been through this many times, and often the person that he/ she is defending was guilty. That means that he/ she will cut you off to shut you up if you are saying somethin that you shouldn't be. Also, even if the local "friendly" police and DA are on your side, what ever you said, write, sign, and even any video footage from the questioning could be used against you in a civil suit at a state level. And remember, civil suits are determined by a "preponderance of evidence", not "a reasonable doubt". That means that if the evidence (most of which usually will come from the defendant's own mouth), is 51% against you, you are ruled against, and even though you will not do time, you could loose every thing that you have worked for.
Your house, car, money, etc. Now that lawyers' fees are looking cheap, huh?
Just be smart, be polite to the police, keep your mouth shut, get a lawyer, don't lie or mess with evidence, and keep your mouth shut. Did I mention to keep your mouth shut?
Fred
I have to disagree. You always should have a lawyer present when answering question from a DA or police, if for nothing else; how many times have you been through this? Chances are any lawyer worth his salt, has been through this many times, and often the person that he/ she is defending was guilty. That means that he/ she will cut you off to shut you up if you are saying somethin that you shouldn't be. Also, even if the local "friendly" police and DA are on your side, what ever you said, write, sign, and even any video footage from the questioning could be used against you in a civil suit at a state level. And remember, civil suits are determined by a "preponderance of evidence", not "a reasonable doubt". That means that if the evidence (most of which usually will come from the defendant's own mouth), is 51% against you, you are ruled against, and even though you will not do time, you could loose every thing that you have worked for.
Your house, car, money, etc. Now that lawyers' fees are looking cheap, huh?
Just be smart, be polite to the police, keep your mouth shut, get a lawyer, don't lie or mess with evidence, and keep your mouth shut. Did I mention to keep your mouth shut?
Fred
bogie
Member
Sir, I'm in here, and this is my house, and I have no idea who the guy with the hockey mask and the machette is. My sister's a lawyer, and says I should shut up until I talk to her. How 'bout those Rams this year, huh?
ZeSpectre
Member
Standing wolf, you've got to be kidding. A confrontation that results in someone dead is not "this that and everything else".
This depends highly on where you are. While not saying anything until a lawyer can seem to be good advice, it can put you in an adversarial position with the police. They are not your friends, true.. But if you cause suspicion of yourself from the start, it can go downhill fast.
There are some valid questions you should be prepared answer:
You need to establish from the get-go that you ARE the home owner, and that you reside there. The best way is to have your state ID ready [ drivers license etc ]. Keep your answer short and pertinent. If you refuse to answer, the cops will may very well view you as the intruder!
You also need to establish from the beginning that the person you shot is the bad guy. HE was the intruder. Do not get into fine details. He does not live here. He broke in and threatened you. You were in fear of your life.
They are going to want the weapon you used. Even if it is painfully obvious, they will still ask you to verify it. If you refuse to "I want to talk to my lawyer" well, you are probably digging yourself a big hole. Again, only discuss the particular firearm in question. Any questions about any OTHER firearms you should not answer. Definitely do not agree to any search for other firearms.
Beyond these questions to establish the basic facts, clam up.
There are some valid questions you should be prepared answer:
You need to establish from the get-go that you ARE the home owner, and that you reside there. The best way is to have your state ID ready [ drivers license etc ]. Keep your answer short and pertinent. If you refuse to answer, the cops will may very well view you as the intruder!
You also need to establish from the beginning that the person you shot is the bad guy. HE was the intruder. Do not get into fine details. He does not live here. He broke in and threatened you. You were in fear of your life.
They are going to want the weapon you used. Even if it is painfully obvious, they will still ask you to verify it. If you refuse to "I want to talk to my lawyer" well, you are probably digging yourself a big hole. Again, only discuss the particular firearm in question. Any questions about any OTHER firearms you should not answer. Definitely do not agree to any search for other firearms.
Beyond these questions to establish the basic facts, clam up.
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