How Cooperative with a LEO is wise? - Page 2
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Thread: How Cooperative with a LEO is wise?

  1. #11
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    Quote Originally Posted by ishi View Post
    In such a serious situation you should not be trying hard to avoid arrest - you should be trying hard to avoid a conviction! An arrest is not a conviction - say it with me. An arrest is not a conviction.

    You will probably be arrested no matter what you do. If you blabber like an idiot, trying to avoid arrest, you're likely to say something inaccurate or really stupid that will be held against you later. Calm down. Being cuffed and carted to the station is not the end of the world. Being convicted is.

    Identify yourself, claim self defense without going into detail, ask for your lawyer and shut up. If the physical evidence is against you, it doesn't matter how pretty you talk anyway.
    I'd go a step further and go with the advice of my legal counsel. If I'm ever involved in a defensive situation where my firearm was involved, I will 1) make every effort to cooperate with law enforcement 2) say nothing about the situation without my attorney present. It's important to remember that in most places if a firearm was involved, you WILL be arrested. Your firearm will probably be held by police as evidence until they're done with their investigation. You should get checked out by a doctor as you will probably feel very sick about the situation. Remember; DO NOT ANSWER ANY QUESTIONS ABOUT THE CASE WITHOUT AN ATTORNEY. Anything you say CAN BE used against you. NOTHING you say will help you. Don't believe me, then watch this video: Don't Talk to the Police- Prof. James Duane




    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

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  3. #12
    I will just say that my experience with attorneys has been less than stellar. I know everyone keeps saying to get advice from an attorney about anything where legal dealings are involved but there have been several times where I could have done better than the attorney I hired. In fact I had to explain to one how to properly prepare the closing statement for my last home. This was supposedly an attorney who specialized in real estate for 30 years.

    My point is that the deal about not saying anything without an attorney present is BS. All the attorney is going to do is tell you to keep quiet and let him work out the details on how you are going to get screwed and he will still get his fee. I just as soon put my case in the hands of the LEO, at least I know which side he is on and I trust him to give more accurate information than I do any lawyer.

    Just my personal experiences so if you are involved, don't say anything you don't need to and be sure you tell the truth. If there is any doubt just keep quiet and watching TV does not give you a very good law degree.

  4. #13
    Quote Originally Posted by FN1910 View Post
    My point is that the deal about not saying anything without an attorney present is BS. All the attorney is going to do is tell you to keep quiet and let him work out the details on how you are going to get screwed and he will still get his fee. I just as soon put my case in the hands of the LEO, at least I know which side he is on and I trust him to give more accurate information than I do any lawyer.
    Yipes...

    I'm sorry for your bad experiences with lawyers, but trusting the responding officer is pretty foolish IMO. You do know whose side he's on - the side of the state. He's a representative of the state and if a decision gets made to try to make a case against you, every single thing you say will be twisted and turned against you. In the moments after a traumatic experience, who knows what you'll say with all the adrenaline and emotions you'll be feeling.

    Find a good lawyer. If the state has a case to make against you, let them make it but don't give them the rope to hang you with.
    Truth is mighty and will prevail. There is nothing the matter with this, except that it ain't so.

    -Mark Twain

  5. #14
    Yep, its bad when you sit there and get all the papers signed having already told the realtor and everyone else that something is wrong and the lawyer looks at you and says I need a check from you for $80,000. You say what, I am supposed to get one for $25,000 and he points to the paper and says well this it what you signed.

    Or in another case you pay another one $7,000 to handle the sale of a business and when the deal goes bad he says "Sorry about that, I can refer you to another attorney that can handle this case".

    Then there is the one that looks you in the eye and says yes I cut down all the trees in my yard in violation of the restrictive covenants, so what. You have the right to sue me if you want to.

    I also like the one that I asked if am man came into your office and said "I just murdered my wife but I don't think the police can prove it and I want you to get me off", would you handle the case. The first thing out of the lawwyers mouth was only if I got my payment ahead of time. Don't ever think that a lawyer is working for you or your friend off the golf course.
    Last edited by FN1910; 06-26-2008 at 03:16 PM.

  6. #15
    I will try to give you a little experience of mine: I do not like to talk about this alot, but doing so has helped me feel better (I've posted it in other forums) and I feel that it may perhaps help someone else that could end up in my shoes.

    I am an older male (late 40's). I have been involved in two concealed carry shooting incidents. In one incident, the BG lived, the second, the BG was DOA.

    The first that I was involved in, the BG lived, further, the BG never filed any type of suit against me, but he was caught red handed (a 3 or 4 time felon) with a gun beside him after I shot him. This incident started as an attempted car jacking of my wife (I was in the vehicle behind her - thank God). I saw the BG approach her vehicle at a stop light with gun drawn in hand. I exited my vehicle and drew my CCW at the same time. I immediately hollered STOP as loudly as I could. The BG immediately turned and started to bring his weapon up to fire (Mistake, as mine was already aimed). I fired twice, BG fell. I immediately walked over and kicked his pistol to the curb. 911 was called. Might I add, that if you ever in your life shoot someone, you cannot imagine the flood of intense feelings that you will experience. When asked my name by the LEO, I could not answer, I handed him my driver's license and CHP.

    Being new to any experience with any LEO, I answered every question asked during the investigation. I was never once advised of my rights during this time. Not that it mattered, I was a blabbering fool by the end of the investigation. My Gun was seized and I was allowed to go. The DA did not file charges against me, my gun was returned (after filing paperwork to get it back) and all was over.

    The second shooting that I was involved in was a bit different. This happened in an auto parts store parking lot. Some crackhead (yes he was, I was informed by PD later) came at me with a bowie knife, even though I had never seem him before in my life. As I recall in my mind over and over, I drew, aimed, yelled and shot at the same time. He never stopped advancing at me. This particular BG was dead before the police arrived. This particular time, I was a bit wiser (however I don't feel it put me in any better position). I told the investigators that he charged me with a knife, that I used my gun, and that I had no further statement without presence of an attorney. Again, my gun was seized, and I was transported to the local PD for further investigation. Once my lawer arrived I told him as best I could recall what happened. Within the hour I was free to go. Again, I was not charged with any crime, and I once again obtained my firearm back from the PD after the investigation was closed.

    So take this however you wish... Once I blabbered like a baby everything that happend never shutting my mouth, and once I shut my mouth. Both times, nothing bad happened. I do feel that the only reason the first incident went so well, was because the officers knew the BG, and that he was a felon, and that obviously the gun was there that he was using.
    Last edited by MP3Mogul; 06-28-2008 at 06:32 PM.

  7. Thanks for sharing this.

  8. How Cooperative?

    As a former police officer, the best advice I can give is supply the officers with your name and CCW permit and Driver's License, and say, " I want a lawyer." The sad truth is, when the police are looking at you as the perp in a case, they are NOT your friends. The average person gets involved in a case and feels that innocence is on his side, so he develops diarrhea of the mouth. He is probably in shock and confused, and a standard police interrogation technique is to have you tell your story over and over and over again. If you are human, you will begin to doubt your own senses, and little changes will pop up in your story. They seize on this as possible evidence of wrong-doing. When you say you want a lawyer, they are required to discontinue talking to you, although some will try an end run. Once you have stated you wish an attorney, shut the Hell UP! If you continue to sperw, they consider that an excited utterance and will use it against you. It is funny, but the ne'er-do-wells all know all of this and use it to their own advantage, while truly innocent people get their butts in a sling trying to convince the cops of their innocence.
    A man without a gun is a subject; a man with a gun is a citizen.
    I'll keep my freedom, my guns and my money. You can keep THE CHANGE.
    An armed society is a polite society.

  9. #18
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    Great advice. Thanks wuzfuz!



    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  10. #19
    Ok some one said" immediately call your lawyer" IDk about you but i don't keep a lawyer on retainer waiting for when i may need them. The sad fact of the matter is most people cant not afford a good lawyer and are stuck with. The Public defender and most of them are just looking to get you a deal and close it as they have way to many case's already. Most of the public defenders will get your ass in a sling by telling you to talk or do this. Just so they can get end the case. As they are under paid and you are not paying them. So they really do not care what happens to you. Also some police departments will keep you in the interview room till you talk if you want to use the 5th. They keep you there till you talk. If the police ask you to come down to the police department to talk. Tell them no ask them to come to your house then tell them you are video taping every thing. You really don't even need to do that just have a sign on the front door that says Video/audio recording. It's really sad that your tax money is used to try and Convict you even when you have nothing to do with it.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  11. #20
    Holy Crap! I just viewed the videos on this forum and I am completely astonished. Boy was my thinking wrong, wrong, wrong. I have now come to the very firm conclusion that shutting the f**k up and not saying anything is absolutely the very best thing anyone should do.

    Paying attention to the Miranda warning is the best thing in a short education seminar one could possibly receive. And when the LEO finally says, "Do you want to talk to me?" you should say NO, and keep saying no until he/she asks if you want an attorney. Or better yet, right after you say no to the question of talking to the LEO, tell him/her that you want an attorney. And then say nothing further, no matter how long they keep you in the "interview" room.

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