here in honolulu, if you're involved in a shooting, eg:
you come home and walk into the living room and some stranger with an axe is standing over your spouse with blood everywhere...you reach into your drawer pull out a gun and shoot him as he's charging you. assume everything is legit.
it's honolulu PD's policy to automatically arrest ANYONE involved in a shooting. technically, you are arrested for attempted murder or murder depending on whether the guy survives or not. if after their investigation they find you were not at fault they do not pursue a conviction.
is that the way it's handled everywhere else? i thought it was a little unfair that you would be arrested and have an arrest record even tho you were justified. i know there's a difference between being arrested and being convicted of a crime, but it still seems a little unfair, especially if you're justified. i assume there's a process to clear your arrest record, but i assume it also costs alot in lawyer fees.
to HPD's credit, tho, even police officers involved in a shooting on-duty go thru the process...only difference is that the officer is released on his/her own recognizance whereas you would have to make bail.
is this standard practice everywhere? tia.
you come home and walk into the living room and some stranger with an axe is standing over your spouse with blood everywhere...you reach into your drawer pull out a gun and shoot him as he's charging you. assume everything is legit.
it's honolulu PD's policy to automatically arrest ANYONE involved in a shooting. technically, you are arrested for attempted murder or murder depending on whether the guy survives or not. if after their investigation they find you were not at fault they do not pursue a conviction.
is that the way it's handled everywhere else? i thought it was a little unfair that you would be arrested and have an arrest record even tho you were justified. i know there's a difference between being arrested and being convicted of a crime, but it still seems a little unfair, especially if you're justified. i assume there's a process to clear your arrest record, but i assume it also costs alot in lawyer fees.
to HPD's credit, tho, even police officers involved in a shooting on-duty go thru the process...only difference is that the officer is released on his/her own recognizance whereas you would have to make bail.
is this standard practice everywhere? tia.