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I'm sure everyone has been told at one point that if you ever have to defend yourself with your gun, after you call 911, say nothing else except "I wish to invoke my right to remain silent and I want my attorney.” However, how do you balance that with answering logical (and necessary) questions by the responding LEO such as "what happened", "where is the bad guy", "are you or anyone else hurt?" If you tell a LEO that the bad guy is wearing a red t-shirt and ran that way, have you lost your "right to remain silent"?

I could go either way. In the large cities, an officer with a bias could "mis-hear" a statement that you make in the heat of the moment at the scene of the attack and get you sunk in court. However, a carefully worded statement made by your lawyer in an interrogation room with video and audio recording could not so easily be misconstrued. This is possible, but much less likely to be a problem in a suburban / rural setting... but then again, being attacked in these settings is also less likely.

However, I can see the value in some basic info such as: "He was wearing X, he came from that direction, threatened me with that knife lying on the ground right there, then he ran in that direction, I would like to be cooperative, but I would like to have my lawyer present before I answer any questions or provide any additional details."

You didn't say that you drew your gun or that you shot anyone, you did not admit to anything, other than being there and seeing something. You should be alright

ETA: Your right to invoke the 5th is intact... just because you have said one thing does not mean that the cops can beat the rest out of you or force you to answer questions. Saying what I have said above does not incriminate you in any way... you have not admitted to anything that you did.. only what the other guy did/had in his hands.

The saying says it all "anything you say can and will be used against in a court of law", so nothing you say can and will be used to help you in a court of law.

You never lose your right to remain silent and can invoke it at any time. Anything you say before that may be used against you in a court of law. Having said that, the advice on this varies. Generally I agree with the camp that says you should give the police the basic information they need; who, what, where and how, and then invoke your right.

For example, when you call 911 you state "I was just attacked by an armed robber. When he was distracted I drew my weapon and fired. He has been hit. I need the police and an ambulance as soon as possible at [your location]." When the police arrive, "I was walking eastbound on x street when this guy (point to him) came across the street, pointed a gun at me and said, 'Give me all your money." I got my wallet out and tossed it on the sidewalk. When he stooped to pick it up, I drew my weapon and fired. He went down, and I ordered him to stay where he was. My wallet is over there (point to it), and his gun is over there (point to it). At this point I'd like to invoke my right to legal counsel and to remain silent." Then follow the police orders but do not volunteer any more information.

Others will have other opinions.

I'm sure I'm not the only one who has this question. What do you do if you have no lawyer? Just take the free ride and ask for a phone book?

jason812 wrote:I'm sure I'm not the only one who has this question. What do you do if you have no lawyer? Just take the free ride and ask for a phone book?

Get one, any lawyer, before this possibility happens. You can always hire an expert later if you have to go to trial, but you need someone now in your corner to get you through the first 24 hours or so. By the way, you're going to take the ride anyway, even if you have a lawyer. But having a lawyer is the difference between getting out that same day or night, and spending all your time in jail before appearing before the Grand Jury.

jason812 wrote:I'm sure I'm not the only one who has this question. What do you do if you have no lawyer? Just take the free ride and ask for a phone book?

Having an attorney is pretty easy. You can become friends with one or hire someone for some small legal support like writing a will. There are services like Prepaid legal that are very affordable and get you legal support for a variety of issues including traffic tickets or arrests. there are specific services like [Pre-paid legal service] who specialize in this type of event. As TAM said, you need someone on your side.

Masaad Ayoob has some good advice.

• Identify yourself as the victim. Tell the police "That man attacked me."
• Point out the witnesses and evidence
• Let the police know you will cooperate once you have spoken to your lawyer.

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Do not say "I shot that man" or "I had to defend myself"

You may say too much and accidentally say something incorrect or something that disqualifies you from an affirmative defense.

While the theme "get a lawyer and say nothing " is popular it can have drawbacks. You add lawyers to a situation it will increase the time everything takes. Right or not it can lead to setting up an adversarial situation.

Charles used to give talks that included what your options are and suggestions

I think Ayoob's advicde is pretty good. What some don't consider is that what you DON'T SAY can also be held against you. If you say nothing at all, you are more or less hoping the cop on the scene assumes you are the victim instead of a murderer and doesn't miss evidence or witnesses that you saw, but won't mention.

I think the advice to shut up is to avoid talking at length or joking with police officers. This is a valid risk as you will be coming off an adrenaline high. If you rehearse in your mind what you need to do, I think you can help yourself. The 2nd part of that advice is to avoid being interviewed by police afterward without your lawyer.

baldeagle wrote:You never lose your right to remain silent and can invoke it at any time. Anything you say before that may be used against you in a court of law. Having said that, the advice on this varies. Generally I agree with the camp that says you should give the police the basic information they need; who, what, where and how, and then invoke your right.

For example, when you call 911 you state "I was just attacked by an armed robber. When he was distracted I drew my weapon and fired. He has been hit. I need the police and an ambulance as soon as possible at [your location]." When the police arrive, "I was walking eastbound on x street when this guy (point to him) came across the street, pointed a gun at me and said, 'Give me all your money." I got my wallet out and tossed it on the sidewalk. When he stooped to pick it up, I drew my weapon and fired. He went down, and I ordered him to stay where he was. My wallet is over there (point to it), and his gun is over there (point to it). At this point I'd like to invoke my right to legal counsel and to remain silent." Then follow the police orders but do not volunteer any more information.

Others will have other opinions.

This isn't really true since around 2013 when the Supreme Court ruled on the Salinas v. Texas case.

Prosecutors argued that since Salinas was answering some questions – therefore not invoking his right to silence – and since he wasn't under arrest and wasn't compelled to speak, his silence on the incriminating question doesn't get constitutional protection.

Salinas' "Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," Justice Samuel Alito said. "It has long been settled that the privilege `generally is not self-executing' and that a witness who desires its protection `must claim it.'"

http://www.huffingtonpost.com/2013/06/1 ... 53968.html Yeah, I know, HuffPo, but it was one of the first sources to come up....

Also, basically, without getting into extensive quoting, if you speak at all, then subsequently remain silent, that silence can now be introduced in court to suggest guilt. Furthermore, what I've read attorneys saying in various articles is that the ruling also requires you to formally invoke your 5th amendment right in clear and precise language....just being silent, refusing to answer questions,etc, isn't enough.

mloamiller wrote:However, how do you balance that with answering logical (and necessary) questions by the responding LEO such as "what happened", "where is the bad guy", "are you or anyone else hurt?" If you tell a LEO that the bad guy is wearing a red t-shirt and ran that way, have you lost your "right to remain silent"?

answer, you don't

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luckily we're in Texas so we have more rights then other states, but the fact remains anything you say can and will be used against you, even simple facts you think are innocuous.

So many lawyers, so little consensus.

There is a reason Miranda's first sentence reads, "You have the RIGHT to remain silent." If I am judged to be guilty only by asserting my right to silence under the Constitution in a courtroom, then I have suddenly been transported back to the USSR.

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