Ok,
So I've tried looking for this question in google an here but seems harder than just asking you CHL holders. Lets say I shot a BG to defend my life and he's dead. Police arrives . Should I already have a Lawer hired by then so I can call him? If I can't afford one, who would provide me with one? So...killing a BG to defend your life means you'll have to spend $$$ so they keep you out of jail? What if Im proven inocent, was that wasted money because I was trying to defend my life? I've never had to deal with lawyers or corut rooms except when going to pay tickets. Any advice or maybe websites that can explain these matters would be greatly appreciated .
***Know guns, know peace, know safety. No guns, no peace no safety.***
This may not help much, but it's my understanding that the police will collect whatever evidence, take your statement(with or without a lawyer-your choice) etc. etc. and present that to the D.A. It is then his/her job to decide to present that to a GJ(Grand Jury) or not. If it doesn't get past the GJ(no billed) then I don't think you'd need a lawyer, that's if it WAS A GOOD SHOOTING otherwise you bet you do.
But that's just my very simplifed understanding, which could be totally wrong.
You can find a lawyer and pay a retainer. Retainers run a couple of thousand dollars these days. You might ask your CHL instructor or another lawyer that you know for a recommendation.
You can get recommendations for attorneys and just keep a phone number in your wallet and on your cell phone.
You can make your motto "Don't worry. Be happy," and start worrying when you need to.
If you can afford a pistol, a computer, an internet connection, and a warm/cool place to sit, you are probably not going to be considered indigent and not given a public defender.
Many people who use deadly force in self defense are never arrested or charged with a crime. It's not real clear to me what an attorney can do for them, other than talking informally to prosecutors.
Here is what I think you need to know after a shooting...
As politely as possible (under the circumstances), comply with instructions from the officers and say "I will be happy to talk with you as soon as I can speak to my lawyer." Then call the lawyer and don't say anything until you talk to him, then don't say anything unless he is present with you.
The police may act like you are making the situation worse, but if you have shot someone, regardless of the circumstances you need to talk to a lawyer first.
If the situation is what you used in your example, there should be no problems.
Good post, seamus, this question has been bothering me also. Everything I have read about a situation like this have said that after a shooting there are two things you must do...call 911 and call your lawyer. I don't have a lawyer or know one to call. However, one thing I do know and will do is to be sure the shooting was defiantly based on fear for my life, or family, and that there was no question of the imminent danger and threat of deadly force against me. Like you said, Many people who use deadly force in self defense are never arrested or charged with a crime. IANAL
-geo
"I am crucified with Christ: Nevertheless I live; yet not I, but Christ liveth in me"-Gal 2:20
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..And not to throw off the topic too much...I've been walking around this earth for a while(unarmed) and haven't had any issue(s) where I felt I needed to be. Soooo, after I get my CHL, at least I know it's(gun) there when/if I need it(kinda like insurance) sure I do, which is a great piece of mind. And on the same note, sure you don't ever know 'when/if' you may need it, if ever, there's no crystal ball saying "hey, you're going to be confronted by a bad guy today at walmart" or whatever. Just something to think about. Hopefully most, will never have to draw their weapon, needless to say, fire it at a bad guy.
I guess my point is-is that I wouldn't worry about a lawyer at this point, maybe it's a little too premature, but then again, maybe not.
The advice that I have been given and plan to follow:
1. When you call 911, Request an ambulance and the police (in that order).
2. General statement to both 911 and the police should be something along the lines of: "I was in fear of my life and I had to shoot somebody".
3. If the police ask for a statement you should reply with something like "I will be happy to answer your questions, but I need some time to calm down."
4. When you go to the station to give a statement, bring a lawyer.
IANAL, what I write should not be taken as Legal Advice.
"Why I may disagree with what you say, I’ll fight to the death your right to say it."
It's a question of how much risk you're willing to accept and how much you are willing to pay to avoid risk. The answer will be different for each person.
While I understand this is not a "commercial" forum, maybe it would make sense to make an exception to allow lawyers to post advertisements in a "Legal Counsel" section where they could indicate their willingness to undertake CHL defense cases, and some information reflecting their experience in the area. This obviously would be without endorsement of the Forum Hosts, but would be a quick place for Forum participants to quickly refer to when they have an immediate need for counsel. This would be a great service for all CHLs.
Almost universally, when a law enforcement officer is involved in a shooting/death, the facts are presented to a Grand Jury. This is a good thing that CHLs should not fear. There are two reasons for the presentation: (1) Particularly in the case of law enforcement, to demonstrate objectivity on the part of the State's Attorney, and (2) More importantly, to help confirm in the mind of the law enforcement officer or CHL, that his/her actions were justified. The human mind being what it is, often causes a "normal" person to over time ask "What if" questions. While not perfect, and counseling is still a good idea, a "No Bill" finding from a Grand Jury does help. And yes, it is highly recommended that the sheepdog have legal counsel in all shooting incidents.
My use of a firearm in self defense cost me almost 20 grand. Most of that in bond costs because I didn't want to sit in jail while waiting to get a rediculous bond reduced. Lucky me...my bond hearing was in front of a VERY Hostile anti-gun judge. My attorney told me he could get the bond reduced considerably if I would sit in jail until the regular judge got back from vacation in 4 days. My advice as a guy who has "been there,done that", is to say nothing until your attorney is present. Also be prepared to go to jail. If you don't get arrested...lucky you...but be prepared just in case. How long you sit there could depend on when it is you find yourself in this position. For instance...late night? Holidays? Weekends? may all cause things to process slower as the "regulars" may not be present. I don't know if it is still policy in Dallas county, but in 1999, they arrested anyone and everyone involved in a shooting as a matter of first course of action. They would then allow the system to sort it out later.
This is just my account of what I experienced and I don't care to argue or explain the finer points of it all. Take from it what you want.
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.
. Should I already have a Lawer hired by then so I can call him? If I can't afford one, who would provide me with one? So...killing a BG to defend your life means you'll have to spend $$$ so they keep you out of jail? What if Im proven inocent, was that wasted money because I was trying to defend my life? I've never had to deal with lawyers or corut rooms except when going to pay tickets. Any advice or maybe websites that can explain these matters would be greatly appreciated 
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