How Cooperative with a LEO is wise?


HK4U,

Thank you, thank you, thank you for posting those videos.

J
 

My Miranda Card says: "You have the right to remain silent."

My advice is to use that right. I will not say anything more than a basic scenario, "I was in fear of my life, he tried to kill me. There are witnesses here, here and here (pointing to witnesses).

Now I'm going to the hospital and contacting my attorney. I will speak to Investigators 48 Hours later, with my attorney present at all times. If my employer wants to fire me, or subject me to other discipline because I exercised my right to remain silent we can get my job back in a lawsuit. :)

Biker
 
I have been involved in two shootings. Once, the BG died, one the BG lived.

The first shooting I was in shock... all I said over and over was" "he left me no choice, he was going to kill me" I repeated this over and over and never even gave the officer's my name... they got it from my wallet.

It took me months to carry concealed again.... before I felt like I could handle it... but finally I got over it and carried again.

The 2nd time I said the same thing, followed by I would like to talk to my lawyer now and no one else.

Both times, no charges were ever filed against me... but in VA, it's a pain in the a** to get your weapon back. I did both times.. but it was frustrating and time consuming...
 
Both times, no charges were ever filed against me... but in VA, it's a pain in the a** to get your weapon back. I did both times.. but it was frustrating and time consuming...


Hence why I firmly believe that we should own more than one CC firearm. While you're going through the process to get your firearm back, you'll have a spare one that you can use to protect you should the need arise.



gf
 
The police are NOT your friend no matter how sympathetic they behave. They are conducxting a criminal investigation and anything you say can be used against you.

Limit yourself to the basic facts that you were the victim, along with name, rank and serial number and be damned sure yu have the telephone number of a GOD Criminal Lawyer. As a CCW holder it's just part of the basic package.

Assure the police you intend to cooperate and will give full and complete account of events, AFDTER having availed yourself of counsel.

It isn't going to take any longer one way or the other. If they are going to take you to the cop shop and "Interview" you then they are.

Ross
 
Err Glock Fan...
U write: "Hence why I firmly believe that we should own more than one CC firearm. While you're going through the process to get your firearm back, you'll have a spare one that you can use to protect you should the need arise." Don't know about all 50 states, but I would think that if U lose a weapon to the cops, you also lose your CC permit, or right to carry/use much until those rights are restored, packing after losing one gun may cause you more legal grief if you have to use a BUG or are even found with it than U maybe want to deal with. Any takers to that line of reasoning?

Canis-Lupus
 
Err Glock Fan...
U write: "Hence why I firmly believe that we should own more than one CC firearm. While you're going through the process to get your firearm back, you'll have a spare one that you can use to protect you should the need arise." Don't know about all 50 states, but I would think that if U lose a weapon to the cops, you also lose your CC permit, or right to carry/use much until those rights are restored, packing after losing one gun may cause you more legal grief if you have to use a BUG or are even found with it than U maybe want to deal with. Any takers to that line of reasoning?

Canis-Lupus


I got the advice from the instructor when I took my NV CC class. The instructor was also a deputy Sheriff in Las Vegas. I was told that only the firearms involved in the incident would be taken. If the preliminary investigation doesn't indicate a crime on the part of the CC holder, then they will keep their CC permit and firearms that weren't fired/used in the incident. I was in Las Vegas two days ago and had a chat with the instructor to see if there were any major charges to the laws since June of 2008. He wasn't able to think of any major changes to the law.

I'm currently in Salt Lake City, UT. I spoke with someone at the BCI (the agency that issues CC permits). I was told that the CC holder would retain their permit/license as long as the incident was a "good" one, meaning no crime was committed on the part of the CC holder. The firearm will be retained while they do their investigation (which could take several weeks to months). Only firearms that would be taken by the investigators would be the ones involved in the incident.

As I often mention, check the local laws of where you will be carrying and know the laws before you go there. You may get several different answers if you ask several people, so I strongly recommend getting a name and id/badge number of the people you talk to.



gf
 
I don't know I can't remember and i forgot , let your lawyer do the talkin :big_boss: remember you were in fear for your life and the safety of others.
 
The following was on the USCCA news letter today. Perhaps it will be of some help.


PART ONE:
Link Removed

PART TWO:
Link Removed



I learned a lot from those videos. If you haven't watched them yet, do so before you carry again.
 
Last edited by a moderator:
I was told that the CC holder would retain their permit/license as long as the incident was a "good" one, meaning no crime was committed on the part of the CC holder. The firearm will be retained while they do their investigation (which could take several weeks to months). Only firearms that would be taken by the investigators would be the ones involved in the incident.
Depending on how the investigation goes, you may be charged with a crime. This could happen even though the evidence may clear you or the case may be dismissed later. Once you are under indictment, would that change the situation for continued carrying(or even possession of your weapons)?
 
I will not say one word until my attorney is present. Name, SS #, address, and I want my attorney.
 
Great videos. And thank you to the poster who shared their experience of being involved in SD shootings. They are very insightful to those of us just getting started.
 
This charge in Florida, if convicted carries a 3 year mandatory sentence, and judges have apologized to citizens that they had to send to jail simply because of the way in which this law is written.

So how long has the law been this way? and why not get some ot those judges to get up out of the chair and change the law, Justice is supposed to be blind not stupid. if we dont start holding the people in the system to account for how screwed up it is, things will just continue to get worse. yes, yes, the judges dont make the law, but I will bet that the state legislture will listen to them more redily than they will to you, arent Judges citizens too? If I could find them on record making an apology I would shove it under thier nose and drag them to the nearest state senator.
 
Look i worked with law enforcment in LA and with mp's in ft polk la, Cops are not the bas guys alot of cops are thinking damn nice shooting. as long as you are the one to call the cops you let them disarm you and you can legally carry. You can say He tried to attack i really thought he was going to kill me i told him to stop and took a step back he stepped forward and said he was going to kill me, i believed he would be able to and i drew my weopon and yelled stop again he took another step and i was forced to shoot him
 
On the back of my CCW it states "If you are arrested for ANY CRIME your permit is forfeit." So, if they went far enough to arrest you after an SD shoot, then, your permit is pulled. Even after charges are dropped or dismissed or whatever, you may have a difficult time getting it back.

Gsh
 
what do u do if u cant afford an attorny. I can barely pay my bills as it is, with the economy in this shape. So should i just tell them to apoint me a public defendent. or should i try to hire an attorny and go bankrupt at the same time im doing it. How many of us could actually afford an attorny, and does anyone know how much they would cost.
 
what do u do if u cant afford an attorny. I can barely pay my bills as it is, with the economy in this shape. So should i just tell them to apoint me a public defendent. or should i try to hire an attorny and go bankrupt at the same time im doing it. How many of us could actually afford an attorny, and does anyone know how much they would cost.

You would have to shop around. I know of a couple here in PRHI that will take a retainer as low as $500. A few of my friends paid monthly until they were up to the $500 retainer. One of them needed legal representation at 2am on a Saturday morning. The attorney showed up and pretty much kept the guy out of jail. The rest of the legal fees were paid off over the next few months.


gf
 
1015811414,
BikerRN,
MP3Mogul,
wickahoney,
VA9mm,
CathyInBlue,


The card that I present to LE when stopped or approached, as well
as my driver’s license/ID, reads in part as follows:

My legal rights are protected.

NOTICE: If it is your intention to question, detain or arrest me or
if you intend to remove my children from my custody, or to serve
me with a warrant, please allow me to call my attorney immediately.

This person ... has 24-hour telephone access to legal representation.


This without fail entirely changes the dynamic; it informs the LEOs
that I have an attorney, thus no questioning will occur without his
presence.

J

Yes, Sir, I have a card like that as well. Works Nationwide.
 

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