Would I need a lawyer?

[dws1117]

Charles, I would also be very interested in attending such a seminar.

Consulting a lawyer without making any statement sounds like the most sound advice.

I would also submit a request from any members to share information about lawyers that specialize in self defense cases.

Good thread, and welcome to the forums, Scott Murray.[/quote]

[tomneal]

Count me in as well

I would pay for that seminar.

tomneal@houston.rr.com

[bobrogers]

Here is another person interested in that seminar.

Intersesting how we all carry, but no one knows of a lawyer to recommend. I guess that might be because no one has needed one? That is a good thing, not needing one.

[Charles L. Cotton]

It looks like there might be enough interest to try to put the seminar together. I will try to get a criminal attorney to take part as well.

I also want to let you folks know I'm not trying to avoid makng a recommendation for a criminal attorney, it's just that I know very few. I do have the name of a guy I'd call in a heartbeat, but I'd like to get a few more names in various fee ranges.

Regards,
Chas.

[bobrogers]

Don't forget a good civil lawyer. Is it possible/probable that you would not use the criminal lawyer for the civil suit? ie, no charges filed, but you get sued by BG or BG's relatives.

[Charles L. Cotton]

Civil trial law is my area of practice.

Chas.

[one eyed fatman]

I was told by my CHL instructor not to put down a criminal lawyer who makes a living getting murderers off the hook as you may need to hire that lawyer yourself.

[ElGato]

Hi Charles
Count me in, You know I'm interested.
Tom

[rickb308]

Let me start off by saying I'm not a lawyer - and I don't play one on the internet- ( I stole that from someone on this forum, I think).

For instance if you were threatened and you can drive off in your car but you decide to step out and escalate the confrontation to where you have to use your gun to stop a threat that you could have just driven away from, you are in BIG trouble. There are some exceptions, notably the "castle doctrine" which relates to the physical inside of your home. In a nutshell: there is no legal requirement to retreat once inside your own home.

It's not just the "castle doctrine". Let me rephrase that.
It's not "just inside " your home.

§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A
person is justified in using deadly force against another:
(1) if he would be justified in using force against the
other under Section 9.31;
(2) if a reasonable person in the actor's situation
would not have retreated; and
(3) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to protect himself against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.

I would really like to see 9.32 (2) defined in class better. (Specifically the word "reasonable")

Texas is a big state. What is reasonable in Dalhart, Ft. Stockton, Orange, or Paris, might not be reasonable to the denziens of "Moscow on the Colorado".

[LarryArnold]

[quote="CaptDave"]There are some exceptions, notably the "castle doctrine" which relates to the physical inside of your home. In a nutshell: there is no legal requirement to retreat once inside your own home.[quote]

Careful. Read the law quote in Rick's post. There is no legal requirement to retreat if someone is breaking into your home.

[LarryArnold]

The Texas Concealed Handgun Association http://www.txchia.org/ has had several workshops on legal aspects of a post-shooting situation at our annual meetings.

We are in the process of looking at a program that would provide licensees with a legal services contract covering attorney fees up to and including a grand jury hearing.

[Lindy]

While I'd be interested in the seminar, I've heard enough people I trust advise saying nothing without the presence of an attorney that I would do that, and I'd be a lot more interested in a referral to a good one to call. I've got a sister who works in the Harris County Attorney's office, and I think I'll see what she has to say or can find out.

[GrandmasterB]

Great discussion! I too would be interested in a seminar to further discuss and explain this topic.

[dolanp]

My CHL instructor suggested simply saying that you had to 'stop the aggressive behavior' and then waiting for the lawyer. He said many cops will instantly become your best friends and want to 'clear things up' so everyone can be on their merry way. Just a trick to get you to hang yourself with your own words. Never use the word 'kill' though, say 'stop', if you say anything at all.

[one eyed fatman]

Never use the word 'kill' though, say 'stop', if you say anything at all.

Best info in this thread.