Ok, so 1. Call 911, "I was attacked had to defend myself. Send police and ambulance to this location.
2. Call USCAA emergency response
3. When police arrive cooperate, inform them you will give a statement once you have spoken to your attorney
The question I have here is this: PD may arrest me. If they do, I get to the station, I get one call. I’m gonna call my wife. But how will USCCA know what jail I’m at in order to get my attorney there? And, I think it a good idea to have wife know how to contact the critical response folks on my behalf as well, but since it would be a legal matter, would she need a POA for such?
Curious as hell on these. Please advise.
Thank you,
Smiddy
I would submit that the USCCA will stay on the phone with you until the police arrive. You can give them the name # number of your wife and if she doesn’t already know your attorney you can pass that along to the USCCA also. Unless you are in unfamiliar territory your lawyer will be able to find you faster than anyone else. In addition you can ask the police while still on the phone what precinct THEY are from and where you will be taken. Don’t forget you (in some places) must specifically invoke your 5th and 6th amendment rights. “My name is XXXX, I was attacked by he/she/it and point to your attacker. I was in fear of my life. I would like to invoke my 5th amendment rights to not answer any further questions AND my 6th Amendment rights to legal council.” THEN SHUT UP! The only other questions you might answer are "Are you armed? (Yes Sir/Ma’am) “Where is it?” (On my right hip in it’s holster.) Hopefully you don’t have your hands on your hips. Any questions about the shooting, the time leading up or after your mantra should be “I will be making a full statement once I have spoken with my lawyer.”
If you manage to remember all that and can calmly execute it you are a better man than most. If you remember nothing else SHUT UP!!!
I’m not a lawyer but I’d have to say it depends on your state of residence. I have a POA authorizing my wife to make legal & medical decisions on my behalf on file w/ the VA & county Court house.
You have a constitutional right to an attorney (6th Amendment).
You’ll get the chance to find that attorney. The “one phone call” sounds good on TV, but in real life you’ll get opportunities to talk to the people you need to talk to. That doesn’t mean you can call a mafia boss and have him clean up the crime scene, but you’ll have a chance to find legal representation.
God help the prosecutor if you go to your arraignment and tell the judge you never had a chance to call your attorney.
Your wife calling to inform the Critical Response Team about the incident is a good way to go. Technically she isn’t creating a binding contract with anyone and isn’t (shouldn’t be) divulging any critical details about the situation. She’ll tell them your name, you’ve had to defend yourself, you’re in need of an attorney, and where you’re located. She’s activating the protection you already have signed up for.
The attorney will get to you by phone/physically as soon as possible. After the initial incident you can choose to work with that attorney if you would like and they have room in their schedule, or you can choose any other attorney of your choosing.
If you have a preferred attorney, you can give us a call at 877-677-1919 and we can document your attorney on your file. If they’re not available 24/7, you may want to use an attorney from the USCCA Legal Network who has already agreed to be available 24/7 for USCCA Critical Response Team calls.
So, here is my 2 cents, take it or leave it…your choice.
Make a photo copy of your USCCA information. Leave it in your home someplace your wife knows about and can retrieve if you ever need to use your attitude adjuster. Include any lawyer’s information and numbers to call. Discuss it with your wife and anyone else living with you. Make copies and give one to your sibling also as a backup in case your wife/husband is with you so you can call them and initiate next steps.
(you had to use your firearm)
if you can call USCCA or your lawyer great…do so but ask someone else to call police. AVOID CALLING YOURSELF!!! ANYTHING you say while calling 911 can and will be used against you. Tell someone to call for you while you try and remain calm. If you have to call yourself, SHORT AND SWEET. “I need police. address is: XXX” then hang up. You’re pumping adrenaline…and you’ll likely start babbling things that can be used against you. “Why didn’t he stop?” “I shot him.” etc etc etc…so let someone else call on your behalf or make it super short and sweet.
JUST STAY SILENT even if police arrive. Like I said, adrenaline is pumping through your body like water through a fire hose. Thinking you will remember anything or even worse, say something appropriate when you ARE NOT THINKING CLEARLY is wishful thinking at best. SO, since police have body cameras and they will use anything you say against you…SHUT UP and don’t say anything. Yes they will arrest you…but you aren’t implementing yourself in any crime by staying quiet.
Stay silent until you have an opportunity to make your call. Then call your spouse and make it simple, “Honey, you need to grab the emergency package and start calling, I’m at XXX.” Don’t discuss what happened, don’t explain anything because more often then not, the police are listening and paying attention. A conversation you have with your spouse is not protected like a conversation you have with your lawyer. There are ears everywhere. act accordingly.
Get comfy and continue to stay silent. It’s likely going to be a few hours before anyone can reach you and help. I love and respect all police and law enforcement but please remember, their job is to collect evidence of a crime so let the lawyers look out for your best interest and stay quiet no matter how long it takes. Don’t talk to others about it, don’t tell people what happened, don’t share anything with anyone BUT YOUR LAWYER (Not wife, priest, or friend).
For me, I sent my brother, wife, and cousin my info package with lawyer contacts, numbers to call, etc. if wife is with me then she or I can call one of the others to start the calls and get things rolling. meanwhile…I become mute and can’t incriminate myself in any crime no matter how justified or reasonable it was.
As far as telling a priest, save it for the confessional if you feel you need to tell him. Killing someone is technically murder but in self defense it’s not a crime.
Well, I was personally followed by mafiosos because they followed everyone in my family. I ended up moving to the country shortly after. My dad was suing a mafioso family (organized criminal connected according to dad). His attorney was murdered during the trial. Family and judge joked back and forth openly. Lost the case. Not a fun time in my life.
@Craig6 But do you really think I should shut up?!
I of course pray I’m never in a self-defense shooting, but the post shooting would be challenging because of this as well. I might have the right to remain silent, but not sure I’ll have the ability.
No, seriously, our big mouths could take us from a situation of going home that day or going to county jail for the night. I’ll maintain discipline and invoke my rights. Thanks for clarifying which ones they are. I knew the 5th, the 6th I would not have known the number, only the right.
This video is VERY good and worth the 45 min to watch about not talking to police. It’s a Regent University Law Professor and a VA Beach Detective, both of whom know.
@Craig6 I watched the entire video, and it was indeed very good.
Simply stated, if, God forbid, I’m ever in a self-defense shooting, I MUST remember my 5th Amendment rights will make me able to keep my 2A rights. Or not.
it does literally concern me a little, because I’m a talker. My people are from very deep in the hills, and we do like to talk. A lot. Must remember when LE is involved to not do that. But I think that if such were the case, my level of discomfort would remind me to keep my trap shut. Also, I would demand medical attention. The adrenaline could cause coronary issues after all…
Peace & Blessings!
