Self Defense Shooting, do you talk to the police?

[jcabin]

Theres been alot of "education" going on around here lately about not speaking to the police until you have spoken with a lawyer/lawyer is present.

My question is, if you had to shoot another person in self defense would you talk to the police right away or not until you spoke with your attorney, and lets make the situation clear cut that you are a victim who survived an armed attack.

You and your wife were leaving a nice restaurant when some dirtbag came up with a knife and started stabbing at you with it and cut your weak side arm as you threw it up in defense. You knocked the guy down luckily and started running away for the car. You have now drawn your firearm and have screamed to get away as you were backing up to the car, but the attacker charges, knife in hand, and you are forced to fire upon him, killing him.

There are witnesses, that were already on the phone with 911.

The police arrive, do you answer their questions now or wait till you have an attorney? Chances are you will probably be detained until you get a lawyer if you dont give your side of the story right away.

[38SnubFan]

I'd like to be of the thought process here that the chances of you being detained are pretty good regardless of whether you answer questions immediately or not.

That being said, it would be best to contact and obtain legal counsel after any act of self-defense that police are responding to.

Will I answer questions from police at the scene? Maybe, as long as I'm not yet being placed under arrest or being read my Miranda Rights; for what I say up to that point cannot (IMO) be used against me in a Court Of Law.

Past that point though, I stay silent until I've conversed with counsel.

IANAL, however, and maybe GunLawyer or LRT could shed some light on this type of situation that I'm not translating or advising correctly on and give us a "proper education" and opinion on this question.

-38SnubFan

[shermdo]

Theres been alot of "education" going on around here lately about not speaking to the police until you have spoken with a lawyer/lawyer is present.

My question is, if you had to shoot another person in self defense would you talk to the police right away or not until you spoke with your attorney, and lets make the situation clear cut that you are a victim who survived an armed attack.

You and your wife were leaving a nice restaurant when some dirtbag came up with a knife and started stabbing at you with it and cut your weak side arm as you threw it up in defense. You knocked the guy down luckily and started running away for the car. You have now drawn your firearm and have screamed to get away as you were backing up to the car, but the attacker charges, knife in hand, and you are forced to fire upon him, killing him.

There are witnesses, that were already on the phone with 911.

The police arrive, do you answer their questions now or wait till you have an attorney? Chances are you will probably be detained until you get a lawyer if you dont give your side of the story right away.

I have always heard that the proper approach would be as follows "I need to get medical attention for my wound at this time and would be more than happy to give your statement following that and after your lawyer has arrived". Simple and very polite.

[Frenchy]

It is my understanding when the police have to shoot at some one, they have 24 to 48 hours where they can not be questioned, why should as a civilian we not ask the same respect.

Having a lawyer to talk through is probably the best means of communications, as we do not all speak as eloquently.

It is difficult to say what one would do under shock, but I like to believe I could wait to speak to the police if this ever happened to me.

[gnbrotz]

Not one peep until counsel was present or had advised on the matter.

[gnbrotz]

for what I say up to that point cannot (IMO) be used against me in a Court Of Law.

Please, please, please confirm this with an attorney, as I do not believe this to be the case. Operating under this assumption can get you into a big mess if you're wrong.

I've never been Mirandized during a traffic stop, but I guarantee you anything I may have said would be used against me in court if we ended up there.

[40twist]

Not one peep until counsel was present or had advised on the matter.

+ 1 I will handle it the same way. I'm doing exactly what Massad Ayoob told me to do

[Whiskey Delta]

...... Maybe, as long as I'm not yet being placed under arrest or being read my Miranda Rights; for what I say up to that point cannot (IMO) be used against me in a Court Of Law....

.-38SnubFan

ANY and I mean ANY statements you make of your own free will do NOT fall under miranda protections.

If you talk to the police about the color of the sky, they can and will use whatever of that statement they can to use against you if need be.

The police don't need to inform you of Miranda until they are specifically questioning you and you are placed under arrest.

The only thing I would say is based on Ayoob:

"Officer, I am going to refrain from making any statements until I have had a chance to confer with counsel. I will cooperate fully with your investigation at that time. "

Quite honestly, ANYONE who carries lethal force should know at least ONE attorney and have them in their cell phone. Even if their speciality is not criminal defense, they can refer you and give you advice in the interim.

EXPECT to be detained or arrested unless the circumstances are completely in your favor.

If they don't arrest? Well good on you, comply with advice of seeking counsel before talking.

[Dannytheman]

Not one peep until counsel was present or had advised on the matter.

+2 and a half!!

I have heard other people who have accidently lost control of their water and were truly upset and shaking while reports were attempted to be taken.(The shaking, and "accident" were noted on the report) The individual was only seen babbling, "I thought he was going to kill me," over and over!

SAY nothing and understand the 5th amendment!!!

[AxiTech]

Will I answer questions from police at the scene? Maybe, as long as I'm not yet being placed under arrest or being read my Miranda Rights; for what I say up to that point cannot (IMO) be used against me in a Court Of Law.



REALLY ?
It has been said that when you accept free legal advice from a non-lawyer, well, you get your money's worth!
Just for the record, every word out of your mouth is admissible in court, and WILL be used against you!