And you guys say J. Kb and I have no disagreements.

I have a little secret to share. I heard this from several self-defense experts something you should know: 99.9999999999% of Defense Attorneys do not know how to represent an innocent person. And that includes Professor James Duane in the video.

Mind you, his advice for the common criminal or the citizen who has screwed up and committed a crime is on spot. However, if you have just shot somebody in self-defense, not talking to the police is the dumbest sh*t you can do.  I keep posting the works of Jon Gutmacher and Andrew Branca, lawyers who specialize in self-defense and both pretty much agree that when the police arrive and you develop a case of the Mimes, you are pretty much setting yourself up to be seen as the perpetrator, not the victim who was able to use his/her  weapon in self-defense and the officer’s initial report is the basis for your future legal case.

First thing: As good and smart citizen, did you call 911 and reported what happened? You did? great, you already spoke to the cops and it is recorded evidence. So why all of a sudden you went mute? Guilt is what the cops will think and you will be treated like a criminal and so will your lawyer. “But I am really innocent! you will say and cops and lawyer will laugh as it is not the first time they heard that line.
Or many you do follow advice and don’t call 911. Somebody else, a witness perhaps calls 911 and you are safe, right? That is till the trial and the D.A. asks you why you did not call 911 if you were the victim you say you were.

You need to talk to the cops when they arrive on scene. you do not have to become a talk-show host, but do need to establish who you are and that is NOT A CRIMINAL.

Here is a great article from the Armed Citizens Defense Network titled “The Three Most Common Post-Shooting Errors ” and you will find te following list:

Massad Ayoob’s Five-Point Checklist

1.     Tell responding officers “I’m the victim; he is the perpetrator.”
2.     Tell responding officers, “I will sign a complaint.”
3.     Point out pertinent evidence.
4.     Point out any witnesses who saw what happened.
5.     If there is any hint that you are a suspect, say “Officer, you will have my full cooperation after I have counsel here.”

And almost right under it, you will also find this advice.

Don’t Run Off At The Mouth

Extremes are bad, to coin a phrase. But remember, you are not a criminal, not have become one because you were forced into a defensive shooting and the attacker is now bleeding on the ground or dead. You just exercised your right to defend yourself, but the cops won’t know it when they arrive and by default, you will be seen as criminal, you will be arrested, taken to jail, processed and maybe seen by an overworked public defense attorney who is sick of criminals, wants to leave early to go grab a beer and will tell you with a straight face that your best chance to ever see your family again is to plea to Manslaughter and hope for early parole.

You may want to check the following links, ’cause you don’t look good in orange:

Armed Citizen’s Defense Network.

The Laws of Self-Defense. – Andrew Branca

Deadly Force: Understanding Your Right to Self Defense – Massad Ayoob

And Florida specific FLORIDA FIREARMS Law, Use & Ownership 9th edition Dec 2018 – Jon Gutmacher (also in Kindle)

 

 

Spread the love

By Miguel.GFZ

Semi-retired like Vito Corleone before the heart attack. Consiglieri to J.Kb and AWA. I lived in a Gun Control Paradise: It sucked and got people killed. I do believe that Freedom scares the political elites.

6 thoughts on “Worst Legal Advice EVAR!!!”
  1. “I fired because he was attacking me and I feared for my (or my loved one’s) life. Of course, I will sign a complaint and make a statement, and you will have my full cooperation after I can collect myself and consult with counsel.”

    Then shut up. Don’t answer any questions, other than pointing out evidence and witnesses and repeating the “collect myself and consult with counsel” line.

    Officers who shoot someone are automatically given 48 hours to decompress and compose themselves before they are required to make statements about it, and you know damn well they have attorneys beside them when they do. It’s a little-known fact that you are entitled to the EXACT same courtesy.

  2. I don’t see where there is anything that I can possibly say to the cops immediately after a shooting that I cannot say to them an hour later, once my attorney has arrived.
    It doesn’t matter whether or not you are guilty, nor does it matter whether or not the cops think you are guilty. In the end, all that matters is what the jury thinks. Don’t give the cops statements that will later be presented to the jury. (The cops are not allowed to mention that you asked for an attorney to be present.)

    If the cops want to arrest you, there is nothing you can do or say to change that. However, there are plenty of people who ran their mouths and gave the cops what they needed to arrest you.

    My carry insurance is CCW Safe

Comments are closed.