Getting a lawyer pre-shoot is probably more of a function of available funds than anything else, but doing so will ensure you have the best possible representation if/when you need it. The very good criminal attorneys are expensive and frequently difficult engage, especially on the spur of the moment. IMNSHO, it is prudent to become associated with one in advance of needing them. Since you are engaging them for an event that will most likely never happen, you can likely get by with a small retainer.
I have been told by more than one police officer, each with many years of experience, to do the following in the event of a shoot:
1) Call 911 to ask for an ambulance and police
2) Unload your gun and put it away. If you are in/with your auto, put your weapon in your trunk. Make sure your trunk and your doors are locked and your windows are up. If you are at home, put your weapon away in a similarly secure manner.
3) When the police arrive, say only the following:
3.1) I was involved in the shooting
3.2) I will give you a full written statement of what happened after I have had the opportunity to speak with my attorney.
3.3) Of course, if they ask where your gun is, tell them. Give it to them if they ask for it.
3.4) Say nothing else.
The police on the scene will be irritated, and you'll probably feel bad about "not cooperating," but the police will eventually slack up. Getting a written statement from a participant is a rare occurrence and it makes their job much easier in the long run.
I have the utmost respect for law enforcement; don't interpret anything I write here as criticism of them. However, ANYTHING you say WILL be used against you. And there is NO such thing as "off the record," contrary to what you see on TV. You will be shaken up. In that condition, it is very easy to say something, no matter how innocent, that can later be twisted in a manner which allows it to be used against you. Legal counsel is as important to self-preservation as your gun and CHL -- especially for us honest folks. BGs are always on guard and street-wise about what not to say. On the other hand, us GGs, tend to be inclined to share as much information as we can and to answer any question -- which will only cause you problems no matter how honest and innocent you are.
From the student's perspective, the CHL courses really should spend a little more time on how to act after a shoot. But this is beyond the scope of what the state should be mandating in the course material, so it is understandable that it is often slighted. This is a great place for a good instructor to add value.
I'm not a lawyer.
Ma
P.S. As much as it pains me to say something nice about the ACLU, they have an excellent video on their website about how to behave during traffic stops and other police encounters. It's unfortunate that the stars of the video are delinquent dope-heads, but the lessons in the video can keep us GGs out of trouble too. Also highly recommended are the videos elsewhere on this forum that feature a criminal attorney and a cop discussing what one should/shouldn't say in police encounters and why. There are some great examples of how innocent comments that were intended to be helpful come back to haunt you.
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- by MaDeuce
- Thu Aug 14, 2008 3:41 pm
- Forum: General Texas CHL Discussion
- Topic: Getting a Lawyer: Before, during or after incidents ???
- Replies: 11
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