After being involved in a shooting incident
21 June 07
Sage advice from criminal defense attorneys with whom I work:
from John S. Farnam
www.defense-training.com
When I am asked by lawyers to provide them with expert consultation in
shooting cases, I always make it a point to ask several, general questions
about strategies for gun owners/carriers. This advice I, in turn, pass on to my
students:
The most dangerous and damaging single thing one can do in the wake of a
lethal confrontation, the one act that fatally damages most claims of legitimate self-defense? Answering questions asked by police investigators, at the scene, without first insisting on having your attorney present.
Even seemingly innocent-sounding statements like,
"I didn't mean to....", "
It was an accident.....",
"This is terrible....",
and "I can't believe I did that...."
are, in fact, monstrously incriminating.
Attorneys tell me that the strongest part of the prosecutor's case is almost always
Directly founded upon indiscreet statements made, at the scene, by the accused, to
police.
On the other hand, saying nothing to police carries risks also. When those
on one side of the incident talk freely to the police, and those on the other
side say nothing, talkers automatically go into the "victim" column on the
investigator's notebook, while the silent go into the "perpetrator" column.
Those assigned distinctions tend to be permanent and will color the
investigation from that point forward.
The best compromise is to have your well-rehearsed "tape loops" ready to go.
Tape loops need to be emphatic and unmistakable, but neither rude nor
insulting: "Officers, I want to cooperate, but I want my attorney here first"
, "
I'll be happy to answer all your questions just as soon as my attorney is
here."
At that point, police are obligated to stop questioning you. However, they
may say something to you like, "You can go the 'lawyer-route' is you want,
but it won't do you any good." , "You better start answering questions now,
while you still have the chance." , "All we want to do is just clear this up."
, "You'll feel much better after you talk with us." or, "We only have a few
questions, strictly routine..."
What they are trying to do is persuade you to definitively rescind your
demand that you have a lawyer to represent you during questioning. Once you
say, "Okay, I'll talk with you," they will assume, correctly, that you've
changed your mind and no longer want a lawyer. Don't do it! Continue to
remind investigators that you still want a lawyer and continue to politely decline to
answer questions.
So, when first confronting arriving police officers, (1) assume a non-threatening posture, with both palms turned outward and clearly visible. Make sure no guns or other weapons are visible. (2) Get into the "victim" column" right away with, "Officers, thank God you're here!" Then (3) identify yourself by saying, "I'm the one who called." VCAs don't call the police very often!
When asked what happened, say: "That man tried to murder us," pointing in
the direction of the perpetrator. Then comes (4) "I'll be happy to answer all
your questions just as soon as my attorney is here."
Beyond that, shut your mouth. Don't sign anything and don't "consent" to
anything. If arrested, submit peacefully and without comment. When asked
if you understand your rights, say "No." When asked what you don't understand,
say, "I don't understand any of it."
"Tape loops" need to be practiced every time we go to the range. None of the
foregoing may seem important, until the unthinkable happens. Then, I promise
you, the nightmare will begin, made all that much worse when you don't know
your lines!
