home invasion.....shoot to kill, then go to jail?

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Most LEOs are empowered to make a probable cause (PC) arrest for felonies without a warrant. The defendant will then usually get a hearing before a magistrate judge at the next available appearance before a judge. Often that means the person will spend the night in jail until the next day. At the hearing the judge will determine if the officers were correct in their assessment of probable cause, and if so will determine what if any bail should be set.

Meaning if the cops that respond to the shooting think that there is reason to believe the shooting was not justified you could be arrested on the spot. If that were the case you would likely have your hearing the next business day.

Keep in mind things can vary a bit depending on jurisdiction, but that is generally how it works. A lot of factors will determine whether the cops merely collect evidence, and wait to make arrests, or whether they collect evidence and make arrests.
 
It depends. In Florida, by law you cannot be arrested unless they have sufficient reason to believe you have acted criminally and not in genuine self-defense as defined by the castle doctrine laws in this state.
 
RDCL............contact your state attorney's office or police department for the factual information.
 
In Florida, by law you cannot be arrested unless they have sufficient reason to believe you have acted criminally and not in genuine self-defense as defined by the castle doctrine laws in this state.
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The same is true in Oklahoma.
 
paul34 said:
....In Florida, by law you cannot be arrested unless they have sufficient reason to believe you have acted criminally ...
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Yes, it's called "probable cause." But do you really understand what that means?

Some of the accepted, legal definitions of probable cause include:

[1] Facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed a crime.

[2] A reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true.

[3] "Probable cause" is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction.

[4] Probable cause is a level of reasonable belief, based on facts that can be articulated, that is required to arrest and prosecute a person in criminal court.

[5] Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that a person has committed a crime.

To find out exactly what probable cause means in your jurisdiction and how the definition is actually applied, you will need to review the applicable case law and/or consult a qualified attorney.
 
RCDL go here for info relating to our state.

http://www.ohioccw.org/

From conversations with officers I know in my City, if they believe it was justified self defense, you will NOT be arrested on the spot, they will send their reccomendation to the DA and if the DA agrees, it will be dropped right there.

We also have Castle Doctrin now and protection against Civil Lawsuits :D
 
OH, and as others have stated, NEVER say shoot to kill, you shoot to Stop the immediate threat, doesn't matter if that's two to the chest and one to the head, or 17 rounds of 9mm all over, you STOP the threat by whatever means necessary to secure your life and/or family's lives and your home.
 
The Castle Law works well here in Florida and it appears there has been a reduction in certain crimes. In my local area we have had several people who have used deadly force to protect themselves without being arrested. My friend is a attorney and has stated that if I am every envolved in any type of shooting is to keep my mouth shut and call him no matter what.........Hopefully I never have to use his services.
 
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