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by joe817
Mon Mar 01, 2010 8:21 pm
Forum: General Texas CHL Discussion
Topic: [Pre-paid legal service] and Pre-Paid Legal
Replies: 79
Views: 22168

Re: [Pre-paid legal service] and Pre-Paid Legal

AEA wrote:
mactex wrote:
AEA wrote:Although I doubt they cover what you say, the likelihood of a civil trial is almost nill on a good shot.
Maybe I've not followed all the laws recently, but my understanding is that a civil suit can still be filed (heck, anyone can file a civil suit for almost any reason) and the costs associated with highering an attorney to get the the case thrown out (because of the current laws) still exist. The laws really only protect you from a trial if you have an attorney who can argue to get the process stopped early on.
You are completely wrong on your assessment. No sensible attorney will even attempt a civil suit in Texas with regard to a good shot by a CHL after a Grand Jury dismisses all charges.

AEA is correct. Because of this, found in Civil Practice and Remedies Code:

"CPRC Ch.83. Use of Deadly Force In Defense of Person

CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995."
Amended by: Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 4, eff. September 1, 2007."

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