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by Jusme
Mon Dec 12, 2016 9:57 pm
Forum: General Texas CHL Discussion
Topic: After shooting phone calls
Replies: 25
Views: 6898

Re: After shooting phone calls

rexmitchell wrote:[Pre-paid legal service] advises something along the lines of the following:

Call 911, tell them you have been a victim of a crime, that you need police and ambulance to respond to where you are.
Hang up, call [Pre-paid legal service] emergency line. Stay on the phone with the attorney, even when the police arrive.

This part I'm unclear on but will list anyway. A rep from [pre-paid legal] said that they will stay on the line with you when the police arrive and that phone call being active will keep anything you say under attorney client privilege since an attorney was on the line.

Attorney client privlige only applies to conversations between attorney and client ( Charles please correct me if I'm wrong) any statements you make, even in the presence of an attorney, can be part of the official record. The only question would be whether you were under arrest, which can be defined as unable to freely leave. You never have to make incriminating statements, but, statements can become incriminating depending on the outcome of the investigation.
Most people have never been involved in a shooting, including police officers, so knowing all of the emotions, stress, and exactly how to respond to questions is very difficult. That's why an attorney, who was not there at the time, with no emotional attachments to the situation is your best option. Because he/ she will be able to sort through things and can be your advocate during the worst time of your life.
by Jusme
Mon Dec 12, 2016 1:33 pm
Forum: General Texas CHL Discussion
Topic: After shooting phone calls
Replies: 25
Views: 6898

Re: After shooting phone calls

Abraham wrote:AJSully421 you posted:

"I agree with the "I am a crime victim, this guy just tried to rob/rape/arson/assault/kidnap/kill me. He is laying in the parking lot at [location] please send the police and an ambulance." And not one word."

By " And not one word." do you mean not one "additional word" after stating "I am a crime victim, this guy just tried to rob/rape/etc....?

Thanks!

You are still required to identify yourself, but that can be done by simply handing the officer(s) your DL or LTC. Simply stating that you will wait on your attorney before giving any statement, will suffice, and then stick to it. Once you start talking, you can get into a big mess, especially if you are distraught, which would be normal under those circumstances. Memories recalled after a stressful situation tend to be skewed, and not very reliable, due to adrenaline rush, tunnel vision etc. Even after being arrested, you are not required to give any more info than your name and DOB. Police officers understand the situation after a shooting, and unless there are a lot of conflicting reports from witnesses, etc., will usually not press too hard for information, but always remember they have a job to do, and information gathering is one of the main ones. You may think you are being helpful, but as i said, under those conditions, you are not at your best to give any statements. "I decline to answer, until I speak with my attorney" practice saying it over and over until you can do so even under stress. JMHO

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