I had a gun incident, and was of course advised to not make a statement to the police. I have consulted with 3 different attorneys and hired one, but not one of them said I should go make a statement. This doesn’t seem right. Is this normal?
Do what your legal council says.
I guess that is the question. It was never discussed. Are they overlooking something?
I tell everyone that will listen… don’t talk to the cops until you have spoken with your attorney. I have worked for 2 police departments and I have very close friends that are still police officers, and if they were able to give you anonymous advice, they would say the same… Lawyers know how to present the facts without putting you at any additional risk…
Okay, I’ll rephrase
No…don’t give a statement without counsel… it’s fine… listen to your lawyer…they know what they are doing…you don’t.
Sorry, first time posting here and I don’t like the format. I posted the question in the title, then gave more detail in the post. This format makes it looks like someone posted the question, then someone responded(instead of it being the details for my question).
I’m NOT trying to sound mean to the police, BUT!!! they are NOT there to help you… If the police are involved in a shooting they get 3-4 days BEFORE they have to give a statement and even then, their statement cannot be used against them. IF you make a statement, and in the stress of the situation, you make a mistake in your statement it WILL be seen as a lie and it WILL come back to bite you in the butt… DO NOT trust the police at this time… ONLY trust your attorney. Ignore the threats of the police, and they WILL threaten you to get that statement. They WILL pretend to be your friends and they are “only trying to help you”… SHUT–UP and wait for your counselor.
Did anyone read the details of my question?
yes, this is normal. Please excuse us for trying to clarify.
Sorry, I thought I was clear that I did not make a statement to the police, and I do know not to ever do that without an attorney. It’s just that I thought at some point I would give a statement that is approved/coached by the attorney.
Q:When do you make a statement to the police?
A: When your attorney says so.
Q: This doesn’t seem right. Is this normal?
A: Yes, it is completely normal.
Best answer was done by @Michael726:
Even you think you know… you definitely do not know !!! (it is not about you only… it applies to all of us)
All good Brian . We know you are under a lot of stress right now and we were just trying to be helpful. The legal system moves pretty slow, but it’s important to know that when they absolutely need a statement they will set up a meeting or bring you in… most importantly, none of this can be used against you in court…you are complying. I would recommend calling the uscca hotline and just discussing your specific concern with more experienced folks though…that’s what we pay them for and I’m sure they will help.
Unfortunately, I was not a USCCA member at the time of the incident. Actually, the arresting officer recommended I join. FYI-Arrested and released a few hours later. No charges yet(been 2 months), but we all know that doesn’t mean anything.
Oh okay. That was really nice of the officer. You might still give the hotline a try. By all accounts, the USCCA really values their members, and though they won’t offer financial support, they might be able to help you understand what steps you should take. Seems like providing that advice would cost them almost nothing and gain them a lifelong member. Good luck Brian!
Follow the advice of your lawyer. Period. They may ask for a chemical test, statement, etc… tell them you wish to consult legal counsel. Nothing impolite or unprofessional about exercising your rights.
Just listen to your legal team. if you’re concerned about not making a statement, then ask your legal team. Just don’t give that statement to the police without your legal team present.
To the police: I am willing to cooperate with you but, I can not make any statements without my attorney.
End of story.
Have an attorney picked out and have the emergency number on hand. Contact as soon as possible.
This is normal. What you should do is ask a police officer about it. See what they will tell you.
Eventually you have to make a statement under the advice of your attorney. It does not seem right not to make any statement at all. Attorneys are going to want to clear up some details and find out your side of the story.
What we think is the “right thing to do”… Is typically what gets people in trouble… this whole situation reminds me of a police tactic …they leave a suspect in the interrogation room alone for a long time and let his conscience start working on him… then they offer him a way to ease his trouble mind and “do the right thing”… I just think you have to be very cautious even if you did nothing wrong… All of this will come out in the wash… they will ask when they absolutely need a statement… And no amount of delay is admissable in court… because the delay is the responsibility of the investigating agency…
I watched a “Forensic Files” show a few months back where a man worked as a fisherman on a boat in Louisiana. During a storm his boss was washed over-board and died. A pompous cop asked for and got a statement-- however, the statement didn’t match the evidence, so the detective coached the man about the evidence. Once the statement matched the evidence the man was charged with capitol murder. The victim of this cop actually got a very good lawyer appointed to him and, in court, this lawyer ripped apart the cop and his sham investigation-- the man was VERY fortunate to get such a good attorney. As it turned out… the boss was washed over-board and hit with a blunt object and died… A very good reason NOT to give a statement until AFTER you visit with your lawyer.