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by seamusTX
Thu Jan 15, 2009 6:01 pm
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

It does look that way. Let's see if txfour can provide more information.

- Jim
by seamusTX
Thu Jan 15, 2009 1:56 pm
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

The second-to-last bullet point here: http://www.nra.org/benefits.aspx" onclick="window.open(this.href);return false;

- Jim
by seamusTX
Thu Jan 15, 2009 11:03 am
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

I want to clarify one thing: Having a CHL has nothing to do with justification for the use of deadly force. A person could be carrying legally or illegally or at home or in a business, and have perfect justification.

Carrying illegally could result in a charge for that offense, as we saw in the recent dog shooting; and it could lead the prosecutors to be more suspicious of your motives.

- Jim
by seamusTX
Thu Jan 15, 2009 10:23 am
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

This is the link from the NRA web site: http://www.locktonrisk.com/nrains/selfdefense.asp" onclick="window.open(this.href);return false;

It seems to indicate that (1) they will defend a life member against civil lawsuits, and (2) they will reimburse the cost of defense against a criminal prosecution after the defendant is found not guilty.

- Jim
by seamusTX
Sun Jan 11, 2009 10:11 am
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

Blanket statements are catchy but usually inaccurate.

I think it's correct to say that every shot that is fired at something other than a target on a range with a backstop has the potential for criminal prosecution or a lawsuit.

The probability that you will have legal problems is small, but the potential damage is huge.

As I've pointed out before, this message comes from Massad Ayoob, and his attitudes were formed in the Northeast in the 1970s and 80s. That is a very different time and place from Texas today.

We have also seen how the Monday-morning quarterbacking can be very troublesome, in the case of Joe Horn.

- Jim
by seamusTX
Sat Jan 10, 2009 11:16 pm
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

ELB wrote:
seamusTX wrote:There have been fewer than 10 prosecutions of CHL holders for self-defense shootings since 1995. I can name only three. All were acquitted.
That's very interesting. Do you have a any references to them? Or did you glean that from the yearly report by the DPS?
They are named in The Concealed Handgun Manual by Chris Bird: Gordon Hale, Ralph Williams, and Peter Kanakidis.

They are not in the DPS report because they were not convicted, and the DPS report does not name individuals.

- Jim
by seamusTX
Sat Jan 10, 2009 6:46 pm
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

TexasVet wrote:I would prefer someone who would take you all the way, and has a history (a good one) with CHL holders, self defense situations.
There have been fewer than 10 prosecutions of CHL holders for self-defense shootings since 1995. I can name only three. All were acquitted.

No lawyer has a record in this area, except the attorneys for those defendants.

(A couple of CHL holders committed outright murders, which has nothing to do with CHL or self defense.)

- Jim
by seamusTX
Thu Jan 08, 2009 10:55 pm
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

That plan covers you only through the grand jury process. If you're indicted, you're on your own.

There's not a whole lot for a defense attorney to do before the grand jury hearing. As I said, he can only be sure that the proper legal process is being followed.

- Jim
by seamusTX
Thu Jan 08, 2009 10:38 pm
Forum: General Texas CHL Discussion
Topic: Hiring a lawer for a shooting
Replies: 47
Views: 7582

Re: Hiring a lawer for a shooting

DEADEYE1964 wrote:... what if you are a normal working guy and did not have thousands to spend, would you risk going before a grand jury without representation ?
I would hire a lawyer.

If a prosecutor wants to go after you, and you don't have legal representation, you will end up in prison, in a cell with thugs named Spike and Loco.

BTW, the defendant doesn't get representation in front of the grand jury. At that stage, the lawyer can just be sure that you are getting every legal break that you are entitled to.

- Jim

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