Gun Lawyer for Northampton County

[LilEMT]

Hello All,

I finally got my LCTF after 56 Days of waiting! Before I start carrying I was curious if anyone knew of a good lawyer in the area (Or ones I should stay away from) just incase I ever have to draw. I'd appreciate any suggestions.
Thanks,

Nikki

[FormerUser123]

56 days is over the limit...did they give you any reason as to why it took so long?

[donm]

It's good that you're thinking ahead on this. It's a tougher question than you'd think. Criminal attorneys are accustomed to defending guilty clients (many would say they've never had an innocent client) and self defense cases are a very special and rare event -- most attorneys will never see one. Self defense is an "affirmative defense) -- which means that you have to admit that you committed a crime -- and then show that it was justified. We do need someone to call to at least get things going in the right direction, and it's tough to go through a process of evaluating attorneys for something you're unlikely to ever need.

There is an organization that is working on building a network of qualified, experienced attorneys for just that reason. They have several PA attorneys in the network, but it's still a work in progress. Check out http://www.armedcitizensnetwork.org. If I found myself in such a situation, I'd want a team with names like Mas Ayoob and John Farnam standing in my corner.

You also need to think ahead of time what you would do immediately before and after a self defense incident -- interaction with the BG, witnesses, LEOs, etc. Playing it by ear is not a good strategy. There is a lot of material out there on these topics.

Don

[-JD-]

GunLawyer001 http://forum.pafoa.org/members/gunlawyer001/
Phil Kline
519 Juniper Street
Quakertown, PA 18951
E-mail: gunlaw@comcast.net
Phone: (215) 538-4444

A Forum member who runs firearms law workshops (http://forum.pafoa.org/concealed-ope...op-series.html , http://forum.pafoa.org/training-cour...workshops.html) and is very well respected on the board



Robert J. Magee, Esquire
Attorney for Plaintiff
2610 Walbert Avenue
Allentown, PA 18104
Court I.D. #: 30911
Telephone #: 610-437-4896
Facsimile #: 610-433-3955
rmagee@fast.net

Handled SheFearsNothing's LCTF Revocation issue: http://forum.pafoa.org/open-carry-14...fo-thread.html
Handling the lawsuits in the Dickson City Incident: http://forum.pafoa.org/open-carry-14...ity-5-9-a.html
Handling the lawsuit in the Allentown Home Depot Incident: http://forum.pafoa.org/open-carry-14...allentown.html

[mrpaiste]

While you are planning ahead, don't forget that even if your lawyer helps you prevail through the criminal process, you may still have civil action brought against you. A civil judgement could totally ruin you and your family financially. It may not be a bad idea to have adequate personal liability insurance.

Before anyone asks . . . No, I don't sell insurance nor am I close to anyone who does . . . I just think it's a good idea

[donm]

While you are planning ahead, don't forget that even if your lawyer helps you prevail through the criminal process, you may still have civil action brought against you. A civil judgement could totally ruin you and your family financially. It may not be a bad idea to have adequate personal liability insurance.

Before anyone asks . . . No, I don't sell insurance nor am I close to anyone who does . . . I just think it's a good idea

Check carefully. Most liability insurance (e.g., homeowners and umbrella policies) specifically exclude intentional acts. It is a common strategy in a civil suit to attempt to portray the incident as an accidental or negligent shooting to access the deep pockets of the insurance company, as opposed to what's left of your 401(k).

[LilEMT]

56 days is over the limit...did they give you any reason as to why it took so long?

They did not, Unfortunately I've been very sick for the last 15 days and had two tests in college this week so I was unable to inquire about the reason for the delay.

It's good that you're thinking ahead on this. It's a tougher question than you'd think. Criminal attorneys are accustomed to defending guilty clients (many would say they've never had an innocent client) and self defense cases are a very special and rare event -- most attorneys will never see one. Self defense is an "affirmative defense) -- which means that you have to admit that you committed a crime -- and then show that it was justified. We do need someone to call to at least get things going in the right direction, and it's tough to go through a process of evaluating attorneys for something you're unlikely to ever need.

There is an organization that is working on building a network of qualified, experienced attorneys for just that reason. They have several PA attorneys in the network, but it's still a work in progress. Check out http://www.armedcitizensnetwork.org. If I found myself in such a situation, I'd want a team with names like Mas Ayoob and John Farnam standing in my corner.

You also need to think ahead of time what you would do immediately before and after a self defense incident -- interaction with the BG, witnesses, LEOs, etc. Playing it by ear is not a good strategy. There is a lot of material out there on these topics.

Don

Thanks for the link, I'll definitely check it out.

GunLawyer001 http://forum.pafoa.org/members/gunlawyer001/
Phil Kline
519 Juniper Street
Quakertown, PA 18951
E-mail: gunlaw@verizon.net
Phone: (215) 538-4444

A Forum member who runs firearms law workshops (http://forum.pafoa.org/concealed-ope...op-series.html , http://forum.pafoa.org/training-cour...workshops.html) and is very well respected on the board



Robert J. Magee, Esquire
Attorney for Plaintiff
2610 Walbert Avenue
Allentown, PA 18104
Court I.D. #: 30911
Telephone #: 610-437-4896
Facsimile #: 610-433-3955
rmagee@fast.net

Handled SheFearsNothing's LCTF Revocation issue: http://forum.pafoa.org/open-carry-14...fo-thread.html
Handling the lawsuits in the Dickson City Incident: http://forum.pafoa.org/open-carry-14...ity-5-9-a.html
Handling the lawsuit in the Allentown Home Depot Incident: http://forum.pafoa.org/open-carry-14...allentown.html

I'll definitely look into them. For some reason I thought Phil Kline was out of Harrisburg... I didn't realize he was so close.

While you are planning ahead, don't forget that even if your lawyer helps you prevail through the criminal process, you may still have civil action brought against you. A civil judgement could totally ruin you and your family financially. It may not be a bad idea to have adequate personal liability insurance.

Before anyone asks . . . No, I don't sell insurance nor am I close to anyone who does . . . I just think it's a good idea

Not a bad Idea. I'll look into it.

Check carefully. Most liability insurance (e.g., homeowners and umbrella policies) specifically exclude intentional acts. It is a common strategy in a civil suit to attempt to portray the incident as an accidental or negligent shooting to access the deep pockets of the insurance company, as opposed to what's left of your 401(k).

Maybe there's another type of policy I can look into... hopefully I will never need it.

Thank you to all who replied. I really appreciate it.

Nikki

[granuale]

Phil Kline

Robert J. Magee, Esquire

The OP needs the name of a lawyer capable of handling a homicide jury trial to verdict. I don't think either of these lawyers do that type of work. I wish I had a name for you, but do not. I do know you want someone who has handled multiple violent felony jury trials to verdict as a start.

[donm]

The OP needs the name of a lawyer capable of handling a homicide jury trial to verdict. I don't think either of these lawyers do that type of work. I wish I had a name for you, but do not. I do know you want someone who has handled multiple violent felony jury trials to verdict as a start.

This is a much bigger issue than it appears, and that is the reason that the Armed Citizens' Legal Defense Network is being created. You certainly want someone who has criminal courtroom experience, BUT criminal attorneys are accustomed to defending the guilty, and very, very few have ever seen (or will ever see) a self defense case, which is handled very differently. An attorney who doesn't understand this will likely land you in jail or get you a plea deal that will leave you with a criminal record -- and wide open to a ruinous civil suit. Remember that in fact you committed a crime.

You also want him/her on your side fast -- the best case is that the DA does not charge you, and your attorney may very well need to educate the DA to achieve that.

I heard Mas Ayoob relate a conversation he had with a retiring well known and very successful criminal defense attorney. Mas asked how many innocent people he thought he had defended over his career. He pondered a moment and then said "one, maybe two." Food for thought.

[donm]

Maybe there's another type of policy I can look into... hopefully I will never need it.

I've looked at a couple of these and there always seem to be significant limits to their coverage. In one case, the insurance covers up to the Grand Jury proceeding. Remember that you can't even present a defense to the Grand Jury, so this is the cheap, preliminary part of the process -- though hopefully it will end here, if the DA chooses to press charges. If you go to trial the big bucks start to accumulate, and continue through a possible (likely in some states like PA that allow civil suits even if a shooting is ruled justified) civil suit. And then there's bail, and a civil judgment, and . . . Not to be taken lightly.