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by Vol Texan
Thu Jun 11, 2015 12:15 pm
Forum: General Texas CHL Discussion
Topic: What to say after it goes bad
Replies: 26
Views: 4895

Re: What to say after it goes bad

  • Don't talk...definitely good advice, because we all know that talking too much can go bad.
  • Don't talk...may be bad advice, because (and this may be because of watching too much "Law and Order"), as soon as someone "lawyers up", there is the perception that they may be thought to be guilty because they have done so.
Now I'm no lawyer, and it's been over 23 years since I wore a LEO badge (and that was only for a couple of years), but I'm likely to take the middle ground between the two "don't talk" options I've presented above. I think I saw it on a posting by one of the (much wiser, much more senior) members of this forum. The thought was: Make the phone call as brief as you can, but informative enough to let the arriving police know who you are. Then, when the police get there and start asking questions, say something to the order of, "I'm feeling quite ill right now due to the situation, and I'd rather not talk until I calm down a bit".

While this is not quite as definitive as requesting your 5th Amendment protections, it might achieve the desired result without sounding like you're "lawyering up". Sure, you may still yet find yourself in a situation where the questions keep coming (requiring you to affirmatively assert your right to remain silent), it's possible that this first step might just work, and keep inquiring minds from probing too hard, too soon.

Of course, this is all well and good if the general perception is that this was a righteous self-defense act. If the arriving officers fail to come to that understanding quickly, and have arrested you as the assailant, then all bets are off. Skip the pleasantries and then, "No, sir (ma'am), I'd prefer not to talk right now," is quite acceptable if you find yourself in handcuffs.

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