Keep in mind that "I want my lawyer" vs. a short description such as "He came at me, I was in fear for my life. I just wanted him to stop." May be the difference between being arrested and spending a night in jail, or not.
While it's wise not to say too much, saying too little can cause you problems too.
What I'm saying is that if all you say is "I want my lawyer". you WILL be arrested, no if's and's or but's about it. The police on the scene will label you as uncooperative, they don't know why you shot this person, and so you will be taken into custody and most likely booked. You will talk to your lawyer in an interview room in the police station when he gets there.
There are plenty of cases where a simple statement of fact have kept the good guy out of jail. No arrest, no charges filed. I think this is the best possible outcome after the deadly encounter is over. The experts in the field that I have talked to, including LEO's and lawyers say you should give a SHORT, factual statement and then shut up.
If you're dead set on "I want my lawyer". be prepared for a trip to jail.
I don't agree 100% - There is a law school lecture floating around on why an innocent person should never talk to the police.
Henry
What I'm saying is that if all you say is "I want my lawyer". you WILL be arrested, no if's and's or but's about it. The police on the scene will label you as uncooperative, they don't know why you shot this person, and so you will be taken into custody and most likely booked.
If you're dead set on "I want my lawyer". be prepared for a trip to jail.
What I'm saying is that if all you say is "I want my lawyer". you WILL be arrested, no if's and's or but's about it.
The police on the scene will label you as uncooperative, they don't know why you shot this person, and so you will be taken into custody and most likely booked. You will talk to your lawyer in an interview room in the police station when he gets there.
There are plenty of cases where a simple statement of fact have kept the good guy out of jail.
No arrest, no charges filed. I think this is the best possible outcome after the deadly encounter is over. The experts in the field that I have talked to, including LEO's and lawyers say you should give a SHORT, factual statement and then shut up.
Let's see what we know about the use of deadly force in general...
Not false bravado or better to be judged by 12 than carried by 6...
2. Deadly force is best used when confronted with a clear threat. Not when you think the BG might have a weapon, but you KNOW he does. You only ever want the situation to STOP.
3. The use of deadly force (Killing another human) will haunt your dreams forever. There is no shaking the what if factor. You only ever wanted the situation to stop.
4. If the criminal is departing after you catch him/her breaking into your car/house/boat/shed they are not a threat PERIOD
Shooting some poor fool in the back is not a good thing; never has been, never will be!
5. Deadly force can quickly be turned to premeditated homicide if you have ever had so much as a cross word with the deceased prior to the self defense action.
6. I bet you dollars to donuts that you will not want to stay in the same house that you shot and killed some crack head who pulled a knife/gun on you during a home invasion. (It is just human nature to not want to remain at the scene of something so grisly)
7. When giving your statement to the police, all you will ever say is"I want my lawyer", nothing more. Anything you say can and will be used against you. It is really hard to turn "I want my lawyer" into "he had it coming" or "I was justified in killing him". The letters don't even come close to matching. Keep it simple with "I want my lawyer." This will help protect you in the long run. DO NOT EXPAND ON THE FACTS. Let your lawyer decide what will help you and what will hurt you.
Everyone deals with a bad situation differently. What your dad's friend needed was someone to let him know that the entire situation began when this fellow decided to come into his home. That it is perfectly reasonable to use deadly force against a home intruder. When confronted with a stranger in your home, it's not time to make a pot of coffee and discuss his financial situation and other motivations for being there. He's there when you are home, meaning that he is not really all that concerned with your wishes, or your safety.
I spent 20 years on Active Duty, I cared for more people that had been shot, stabbed and blown up than I can count. I also got to speak with soldiers after their encounters where they had to use deadly force.
I'd have told your dad's friend that I'd have done the same thing, and would have considered it my responsibility to protect my family.
Seeing a human life end is much better than watching the bad guy stand over your newly perforated body as things go black.
Honestly, If I live the rest of my life and never see another person hurt or killed, I'll be very happy. But life is full of unpleasant duties.
The point remains, I would only shoot someone I had to shoot. If there was an alternative, I'd take it.
It's unhealthy to fantasize about hurting a person, regardless of the situation. It's not something to look forward to. But you should mentally prepare yourself to take actions that you deem unpleasant, if that action is reasonable, legal, and in the best interest of those you love. If you are not prepared to use a weapon in self defense, you should make sure that weapon is either removed from the home, or secured in such a way that it can not fall into the hands of a bad guy. I've had the opportunity to meet some very bad people, I know that very bad people exist. There are some that do not share your sensitivities, and will kill without a second thought or any remorse.
Luckily, the laws where I live, in Texas, support the use of deadly force in a reasonable way. The law favors the property owner, not the bad guy. The take home message there, is that you should probably not ply your trade here, if you are a bad guy. It's likely to get you hurt or killed.
I would hope that no one would want to shoot someone, but if they have to, I support their right to do so.
My point was that after a shooting, A lot of perspectives change some for the better some for the worse. I like you spent 20+ in the military and yes I agree there are some very bad hombres out there. That being said I am prepared to defend life liberty and property but will not look forward to it in the least. It is a conditioned response of military training (muscle memory) You do what you must to survive. You deal with the fall out of those actions as they come. You try not to effect the lives of kids by what they have seen or heard. other than that you press on with pride and schedule an appointment with your pastor to help you get over a significant emotional event.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?