Should a CCWer have a lawyer to call before s/he starts to carry, just in case?

[Green Lantern]

Yea or nay? On one hand, if you ever have to use a gun to defend yourself, it would make things easier to already have a lawyer at least somewhat familiar with you in mind to call right away, if needed.

But on the OTHER hand, if you're faced with an anti-gun and or "politically motivated" prosecutor, isn't there a risk that said prosecutor might use the fact that you saw a lawyer beforehand AGAINST you? IE, "He was LOOKING for trouble, he even saw a lawyer months/years ago to prepare for this day!"

 

[redneckrepairs]

Well i have one programmed into my cell phone , in fact he is the former prosicuter of our district ( term limited out ) . It dont hurt that he is a gun trading buddy too lol .

 

[sacp81170a]

I voted no because it shouldn't be a requirement. Is it a good idea? Certainly, just like it's a good idea to have a family doctor.

 

[N3HCP]

My solution is to have my general practice attorney on speed dial...both home and office. If I ever need the services of a self defence lawyer, my guy and act in my behalf at first (during which time I keep my mouth tightly shut) and can help me find a lawyer who is familiar with the courts, judges, DA, etc. in the jurisdiction where I find myself.

If you live, work, and spend most of your time in one area then this might not be an issue for you, but I travel a lot and can find myself in 2,3,4 or more counties in a single day. If it ends up in court I want a lawyer who knows the court system I will be facing.

So, I guess my answer is..it depends.

 

[ilbob]

I think everyone should have a lawyer the way I think they should have a doctor or dentist. You just never know what you might need some day.

 

[RKBABob]

Would you get an orthodontist on retainer for a newborn baby, just in case he/she develops crooked teeth as a teenager?

I don't think you need a lawyer that specializes in self-defense before you carry a firearm... not anymore than you need a lawyer who specializes in car accident cases before you drive.

Most of us have probably dealt with a lawyer at some point (real estate closings, wills, etc), who can provide a resonable level of representation untill a specialist can be found in the local area.

 

[Elza]

I have my lawyer’ home, office, and cell on my speed dial. You never know……..

 

[LanEvo`]

It's always easier to shop around for lawyers, doctors, accountants, and other professionals when the pressure is off.

I wouldn't want my very first contact with my lawyer to be when I'm sitting in a holding room making my one phone call...
just like I wouldn't want my very first contact with my doctor to be when I'm sitting in an operating room waiting to get my surgery done...
or my very fist contact with my accountant to be when I'm facing an IRS audit.

I believe in building a relationship with a trusted professional before you find yourself in a desperate situation.

 

[DogBonz]

sure

but then again, i think that you should have one that you know for any emergency. You never know when you may need one even for stupid stuff. Should it be a requirement? No. Is it a good idea? You bet.

 

[Jorg Nysgerrig]

There's a difference between having a lawyer's number in your phone and seeing a lawyer. That difference is about $200.

 

[Jim March]

You missed the third polling choice:

"You should be involved enough in civil liberties activism to know half a dozen plus lawyers well enough to be able to call 'em at 3:00am."

JimyegodsIknowevenmorethanthatMarch

 

[Liko81]

I've never needed to hire a lawyer. I have consulted with a lawyer (for free ) but all I needed was clarification on a point of traffic law to beat a ticket (a collision is prima facie evidence that someone turning left failed to yield, but if the person they collided with was trying to beat the red light, the collision is prima facie that THEY failed to yield to the intersection). If I need a lawyer, the public defender's office is a distasteful choice, but it will do to get me out of the interrogation room, post bail and find real help.

 

[princewally]

I carry the business cards of two attorneys next to my carry permit. I give out those same cards to everyone who takes my carry class.

But on the OTHER hand, if you're faced with an anti-gun and or "politically motivated" prosecutor, isn't there a risk that said prosecutor might use the fact that you saw a lawyer beforehand AGAINST you? IE, "He was LOOKING for trouble, he even saw a lawyer months/years ago to prepare for this day!"

No worse than "He was looking for trouble, he's got a carry permit months/years ago to prepare for this day!" or "He's got home owner's insurance. He was expecting his house to burn down!"

 

[rdhood]

Well i have one programmed into my cell phone , in fact he is the former prosicuter of our district ( term limited out ) . It dont hurt that he is a gun trading buddy too lol .

This might only apply to Georgia but:

If you get arrested, you won't have access to your cell phone. Further, you won't be able to make a call TO a cell phone. Once arrested, the only numbers you will be able to call are the land-line numbers that accept a collect call... and you better have it memorized. So if you really believe that you will need your attorney, you better commit his (or someone else's that can call him) land-line number to memory.

 

[Robert Hairless]

If you get arrested, you won't have access to your cell phone. Further, you won't be able to make a call TO a cell phone. Once arrested, the only numbers you will be able to call are the land-line numbers that accept a collect call... and you better have it memorized. So if you really believe that you will need your attorney, you better commit his (or someone else's that can call him) land-line number to memory.

Does the arrested person wait in jail until he can tell the judge that he was unable to meet the requirements for calling his attorney?

 

[Standing Wolf]

America already gives far too much money to and lives in far too much fear of lawyers.

The law belongs to us, not lawyers.

 

[JerryM]

Not in my view. If I need one it will be time enough to get one.

Not the primary consideration, but since there seems to be a game of what if going on regarding various subjects, I wonder if it might not cause a prosecutor to try to make the point that you expected to find trouble or else why would you have a lawyer before needing one? Were you looking for trouble, and wanted a lawyer in your pocket?

Best,
Jerry

 

[tube_ee]

Yes. Absolutely.

Look, I don't care if you hate lawyers, if you think they're scumbags, or whatever the hell you've got against them. It doesn't matter. Even if you're right, it still doesn't matter.

Prosecutors are lawyers.

Judges are lawyers.

The law is a domain as specialized as medicine or engineering. If you are ever in that domain, (and if you use your gun in self-defense, you will be... and you should be) if you do not have professional help, you will lose.

Not only should you consult with an attorney, you would be wise to pay him or her up-front for a one-time "I can call you at 3:15 AM and you will come to where I am" retainer. I'm dead serious.

When you use your gun, even in legitimate self-defense, you will be arrested. The cops are going to arrest everyone involved. They're going to ask you questions.

The only correct answer to those questions is "I decline to answer without my attorney present. He's on his way." And then shut up. When your lawyer gets there, let him do all the talking. Again, shut up.

"Anything you say can and will be used against you in a court of law" means exactly that.

Trying to defend yourself against the law is as stupid as trying to perform your own heart bypass.

--Shannon

 

[RedneckUF]

America already gives far too much money to and lives in far too much fear of lawyers.

The law belongs to us, not lawyers.

Not trying to pick a fight, but I would like to give my take on it.

Yes, many Americans give a lot of money to lawyers. More adequately put would be, many Americans compensate highly trained, specialized and sophisticated legal specialists for their knowledge, hard work, and experience. Much of what you pay a lawyer for is his/her experience, rather than his/her knowledge of basic legal concepts.

Most people who pay their attorneys need to pay, and are better off for it. In fact, there are many, many people who would have saved thousands, if not 10s of thousands on legal fees if they would have went to a lawyer first to get information. i.e. there are several nuances in florida law that would make someone legally justified for using deadly force. There are also some situations which people think they would be justified when they would not be. Even a young lawyer with no knowledge of justifiable use of force could find these things out very rapidly. An experience attorney might know off of the top of his head.

Secondly, people should not be in fear of lawyers. They are people just like anyone else. They are similar to the doctor who comes in with bad news (because so often in the legal field there is bad news). Most lawyers are there to help. Any lawyer worth their weight is not to milk you dry. They wouldn't make any money if every client left and told every else they felt like they just got taken for lots of $$$.

The law belongs to us just like medicine does. If you have to get your arm cut off, you can certainly do it, but it might be better handled by even a family doctor rather than yourself. Equate that to lawyers.

You can certainly get on the legislature's website and get statutes, or go down to your local law library and do caselaw research, but it will be quicker, and possibly cheaper (how much is your time worth) to let the lawyer do it. It is a lawyer's job to find the law out for you. they have access to things you don't, such as legal education, case law databases, and most importantly, legal training.

My advice is if you want to carry a gun and are unsure about the law, certainly go see a lawyer.

 

[Bartholomew Roberts]

Just like plumbers, electricians, and numerous other specialized professions, lawyers love the do-it-yourself crowd. They create more work for lawyers than a dozen people asking advice BEFORE they get into trouble. You can only bill so much for an hour's worth of advice; but a problem that somebody has let ripen into a real mess because they thought they could handle it themselves when they couldn't - that type of case will employ multiple lawyers for many hours yet to come.

 

[NASCAR_MAN]

There are three (3) laws for Real Estate:

1. Location
2. Location
3. Location

Likewise, there are three (3) rules for dealing with a self-defense situation that turns really nasty:

1. Shut-up
2. Shut-up
3. Shut-up


....and get a Lawyer.

NASCAR

 

[MrTwigg]

Make the acquaintance of a competent attorney who specalizes in firearms laws and ask for two cards, put a card in your wallet, contact info in your cell phone's speed dialer, PDA and tape the other card to the fridge so your wife can find it should your wallet, cell phone and PDA be stolen by a mugger and you have to shoot him..

Now, the above might sound like a smart-alec remark but there are competent attorneys who specalize in firearms laws. Some of them advertise in the yellow pages, some of them post here or on other forums.

Hint: check for "What do you do ?" threads.

Here's another idea, know the laws concerning firearms, self defense and deadly force in your state . There are advocacy groups for firearms owners in nearly every state, often they will offer classes on concealed carry and self defense laws.

Go take one.

 

[Jorg Nysgerrig]

When you use your gun, even in legitimate self-defense, you will be arrested. The cops are going to arrest everyone involved.

That is simply not true. There are many examples where someone has used a gun in self-defense and not been arrested. While arrest might be likely in some places and it is certainly something for which one should be prepared, it is far from inevitable.

 

[Cosmoline]

isn't there a risk that said prosecutor might use the fact that you saw a lawyer beforehand AGAINST you? IE, "He was LOOKING for trouble, he even saw a lawyer months/years ago to prepare for this day!"

Absolutely not. You have a Constitutional right to counsel, and your consultation of one cannot be used to prove guilt. A million lawyers will back you up on that one ;-)

 

[MrTwigg]

Quote:
When you use your gun, even in legitimate self-defense, you will be arrested. The cops are going to arrest everyone involved.

That is simply not true.

The probability of arrest can be very high depending on where one lives. States and some cities run by liberal moonbats or socalists sometimes require their citizens to make every effort to escape, even if it means literally jumping out a window of their own home.

Wording of self defense laws varies but tipically "Direct or iminent threat of death or grevious boduil harm." comes to mind.

Disclaimer: I am not an attorney and I do not play one on the internet.