After shooting phone calls

[Liberty]

Then if I had not already, I would call the phone number on my PPLS card and proceed from there. I would answer zero questions until I have my lawyer on the phone or at my location. I refuse to become another Joe Horn case.

If I remember correctly nothing happened to Joe Horn. He was never prosecuted and never went to court.

[Jusme]

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

[bblhd672]

I've heard a lot of negatives about the "prepaid legal services".

So foregoing that route, how would one find a "Second Amendment friendly" attorney that you could have available if the unwanted occurred?

[Vol Texan]

I've thought through this quite a bit, and came to the conclusion that if in the moment, I can actually remember what I've decided, I would say to the responding officers:

"I would love to answer your questions, however in the interest of protecting myself I will do so at the advice of my lawyer."

Then if I had not already, I would call the phone number on my PPLS card and proceed from there. I would answer zero questions until I have my lawyer on the phone or at my location. I refuse to become another Joe Horn case.


I've had discussions with my wife about how to handle this as well, and she would be in charge of the phone calls while I ensured the threat was contained if it happened while we were together in the same place.

Another good technique that I learned here on the forum is, "Officer, I don't feel really well right now. I can't talk right now".

If you've just shot someone, it's likely to be a very true statement, and it sounds less like 'lawyering up'.

[ScottDLS]

Never mind the lawyer, I have my Bail Bondsman's number on speed dial as well as memorized, along with my phone card number, to call from jail pay phones. I've got a deal with him where he has a security interest in my house so I can make a bond of up to $300,000. That should cover me for 30.06 violations and other class C's where I might "take the ride".

[blackdog8200]

I carry a small piece of paper with the basic information of im not saying anything without my attorney present. There is likely a copy of the text on this forum.

I have also instructed family members that might be around after a defensive situation that they should not try and help me with the police on the scene before my attorney is present and to only point out evidence such as witnesses, shell casings and the bad guys weapons etc.

It's very likely they will be traumatized anyway.

Hopefully, this is all just what if Excersise for us all.

Be safe.

[rexmitchell]

[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 service] 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.

[Jusme]

[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.

[treadlightly]

Never mind the lawyer, I have my Bail Bondsman's number on speed dial as well as memorized, along with my phone card number, to call from jail pay phones. I've got a deal with him where he has a security interest in my house so I can make a bond of up to $300,000. That should cover me for 30.06 violations and other class C's where I might "take the ride".

Scott, I don't know you except for your posts, but, dang, man, I can't just sit on my hands this time. You have completely misinterpreted, yet again, the original poster's plight.

After shooting phone calls are no laughing matter.

There you are, in the tense aftermath of a shooting, hoping nobody notices you're still carrying a replica cap-and-ball hog leg from 2015's protests. You're trying to adopt the right first-blood-tacticool attitude as they cuff you, and there she is. Brittany from card member services on your mobile phone. Press "1" to be connected to a live obfuscator or "2" to be put on our do-not-hesitate-to-call-forever list. Just as you get the credit card deal of a lifetime from her and you've almost got your driver's license out for the nice investigator, ring-ring-ring!

It's the IRS calling with a Pakistani accent. No sooner have you Pay-pal'd seven grand to who-knows-who to keep the IRS off your back, the next caller on your cell phone gives you a chance to win a 747, a mega-yacht, or a bag of stale peanuts if you'll just agree to view some prime real estate in Groesbeck, or Muleshoe, or somewhere.

I hear some jurisdictions are so desperate for a chance to talk to the accused they don't even bother to book them until they get back from their all expense paid (see offer for details) Caribbean cruises.

And it's even worse when a telemarketer is arrested. Telemarketers get only one phone call like the rest of us, but they make that one phone call 10,000 times while the Magistrate is twiddling his thumbs sucking down taxpayer overtime. And we wonder why property tax is so outrageous!

No, Scott, you're completely... Hang on, somebody's calling. My computer is infected with viruses. Fortunately, they will fix it for free as soon as I qualify with my Mastercard and Social Security numbers.

I'll get back to you.

[AJSully421]

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!

These things are not in disagreement, if that is what you are getting at...

It is understood in the context that a cop will use his radio (if it is still working) to call in that he was just involved in a shooting and to send backup and EMS. The officer would say things like "Shots fired, I need backup and EMS at [location]." He will not say things like that he just shot a guy, or why... only the minimum info to get the response that he wants. Those radio transmissions are also all recorded just like 911 calls. Similarly, there is no issue with an armed citizen calling 911 and only giving them the information necessary to get the proper first responders on their way to your location without making any incriminating statements.

For cops, the "not one word" comes into play when talking with IA, detectives, or anyone else starts asking questions before their union rep / lawyer / whoever else shows up. Similarly, the "not one word" would come into play for us after the cops have arrived and when they begin demanding answers as to why there is a guy on the ground with extra holes in him. "He tried to [insert crime here], I am the victim, I would like to have a lawyer present before I answer any of your questions."