Are you prepared after the defense incident to interact with the police?

[mmeece]

What is your goal, to beat the ride or to beat the rap?

Why say anything? What makes you think you need to say something? You think you are going to talk your way out of getting arrested? What makes you think you have to say something minutes after an encounter, as opposed to the next day with your lawyer present?


Post 69:

"You do not even know the legal justifications for use of Deadly Force in Texas."

Makes sense. Just as well to say nothing I suppose. Every book I've read or video I've watched has said to make one statement along the lines of "I thought he was going to kill me" or "I was afraid we were going to die" then wait for the lawyer. Probably even better to say nothing.

 

[kbaxter60]

It's my understanding that those legal defense companies don't pay for anything if you are in the wrong.

Is this correct?

Define "in the wrong".

 

[Renegade]

But wouldn't that be difficult to do if you have left the scene and are waiting to deal with LE on your terms?

He is all over the place.

First it was leave scene, and negotiate turning self in.

Now it is tell the police you are in fear.

Gotta wonder when he plans to call a lawyer, seems like he has a plan to do it all by himself!

 

[Renegade]

Makes sense. Just as well to say nothing I suppose. Every book I've read or video I've watched has said to make one statement along the lines of "I thought he was going to kill me" or "I was afraid we were going to die" then wait for the lawyer. Probably even better to say nothing.

Better.

There are 7 legal justifications for using Deadly Force in Texas. Can you name them? BTW, fear for your life is NOT one of them.

 

[Axxe55]

How so? Assuming it's true of course.

Just for your clarification, @Renegade happens to be a lawyer, and @cycleguy2300 happens to be a police officer.

So again, please provide the sources of your information you are relying upon from these so-called experts.

 

[mmeece]

But you left the scene after the shooting, and at no point during this present discussion have you clarified or explained why leaving the scene is a good idea.

I have provided several scenarios showing why I think leaving the scene is a really bad idea, but what is your reasoning it's a good idea and why?

Nor have you provided any sources or links showing these experts backing up your statements.

I never said anyone advised this. Again, I don't think it even applies to the vast majority of self-defense shootings which would be in the home or a semi-public area so I'm not sure it's even relevant.

 

[mmeece]

Better.

There are 7 legal justifications for using Deadly Force in Texas. Can you name them? BTW, fear for your life is NOT one of them.

Actually yes. Somehow I think you have the idea that I WANT this to happen. I have a very narrow view of when I would ever deadly force. You've convinced me that no statement at all is the correct route if, God forbid, it ever happens.

 

[Renegade]

Just for your clarification, @Renegade happens to be a lawyer, and @cycleguy2300 happens to be a police officer.

So again, please provide the sources of your information you are relying upon from these so-called experts.

For clarification, I am not a practicing lawyer. That was a different life a long time ago. I am just a retired old fart now.

 

[Renegade]

Actually yes.

No you dont, or you would never, ever state fear for your life. It is NOT justification, and it is an incriminating statement. It would certainly be used against you if claimed it as reason to flee scene and reason the shoot.

 

[mmeece]

No you dont, or you would never, ever state fear for your life. It is NOT justification, and it is an incriminating statement. It would certainly be used against you if claimed it as reason to flee scene and reason the shoot.

Again, explain why you view it as an incriminating statement.

 

[Axxe55]

Makes sense. Just as well to say nothing I suppose. Every book I've read or video I've watched has said to make one statement along the lines of "I thought he was going to kill me" or "I was afraid we were going to die" then wait for the lawyer. Probably even better to say nothing.

Best course of action, tell them your name and address. They at the very least are going to take your firearm. Tell them you feel ill, and you probably will be very ill from the adrenaline dump and the stress of the situation. You might even violently start puking all over the place. They are seeing this. They may even ask if you require medical assistance. Yes, you do. And you need tp speak with your attorney before answering questions. This is your right. Once you have asked to speak to your attorney, they can no longer question you without the attorney present. Invoke your right and keep your mouth shut. You don't need to tell them you shot anyone. They have your firearm and can make that determination without you telling them.

Best of my knowledge, they can't question you while under immediate medical care. @Renegade can further expand on this.

 

[Renegade]

You've convinced me that no statement at all is the correct route if, God forbid, it ever happens.

I am not trying to convince you of what to say or not say, just that some of what you think is inconsistent with Texas law and you should do further research.

 

[Renegade]

Again, explain why you view it as an incriminating statement.

It isnt an exculpatory statement.

You shot because you were afraid, then you fled because you were afraid, see where this going? Of course if your defense plan is to plead paranoia, you are on the right track.... And you still have not given a legally justifiable reason.

 

[mmeece]

It isnt an exculpatory statement.

You shot because you were afraid, then you fled because you were afraid, see where this going? Of course if your defense plan is to plead paranoia, you are on the right track.... And you still have not given a legally justifiable reason.

Makes sense. Wasn't meant to be a defense strategy, but just as well (better) not to say anything.

 

[Axxe55]

Actually my statement is exactly what most experts tell you to say. I would not admit that I shot anyone either.

I never said anyone advised this. Again, I don't think it even applies to the vast majority of self-defense shootings which would be in the home or a semi-public area so I'm not sure it's even relevant.

Dude, as @Renegade said, you're all over the place with this.

Who are these experts you are getting your information from? Are you going to answer the question or keep ignoring that I'm asking it?

Again, I have asked numerous times for sources or links to these experts.

 

[Renegade]

Makes sense. Wasn't meant to be a defense strategy, but just as well (better) not to say anything.

It is important to have a plan. Most folks do not have a criminal defense attorney in their contact list, much less have ever consulted with one. This is where those pre-paid legal services can really help. May not be your final trial counsel, but could help in those immediate moments after shit hits fan, as well as with advice before it hits.

 

[mmeece]

Dude, as @Renegade said, you're all over the place with this.

Who are these experts you are getting your information from? Are you going to answer the question or keep ignoring that I'm asking it?

Again, I have asked numerous times for sources or links to these experts.

You've put 2 different statements together but it's ok. We disagree. It's cool! I don't keep a document with links handy so I can't help you there. My initial thought based on what I've previously seen was to give a one sentence statement but I was dubious about even saying that much. I didn't need much convincing but I'm convinced now that saying nothing is the most advisable course of action.

 

[benenglish]

Most folks do not have a criminal defense attorney in their contact list, much less have ever consulted with one.

I have two. One is for shootings, a pre-paid legal deal. The other is for federal criminal matters.

My post shooting speech is:

That man on the ground there tried to kill me. That person and that one and that one were witnesses you should talk to. As for me, I'm far too upset to form sentences, much less give a statement. I respectfully decline to comment further until after I've consulted with an attorney.

Then I shut up.

For the dubious, I'm 99.9% sure that the "I'm too upset..." part of that statement would be absolute truth at a time like that. The fact that the statement I give, as a whole, seems cogent is only because that's how I react to extreme stress - I default to formal, business-like speech devoid of emotional nuance. Example? I perfectly remember telling the 911 operator (and this is an exact quote) "No, I am NOT refusing to perform CPR on my mother. I am declining to initiate a clearly pointless procedure." My brain has clicked over like that other times when I've been shot at or kidnapped, too, so I have faith the same would happen in the aftermath of a self-defense shooting.

IANAL disclaimers apply, obviously.

 

[billtool]

I know a really super smart District Attorney (my younger sister). She advised me to call 911 or demand someone else to call 911. If I’m safe, lay my weapon on the ground and place my foot on it. When the police arrive, advise them I’m standing on a weapon. Then advise that I’m a victim of a crime and where the perpetrator is located to the best of my knowledge. Then advise that my chest is tight (which it would be) and I need to go to the hospital. Then advise that I want to cooperate and will do so in the presence of my attorney. Period. No matter how upset and wound up- she sagely advised that nothing else I could say would benefit me or my family. I have this response down pat. I pray that I’ll never need to put this training into action. I have CCW Safe on speed dial.

 

[benenglish]

I know a really super smart District Attorney (my younger sister).

Not in Houston, I hope, because I've previously told a story about stunning incompetence on the part of a young, female assistant DA in Houston and I sincerely hope that I wasn't insulting your sister.