Welcome to the family @Brian209 and God bless you
That IS RIGHT. NEVER talk to the cops. They screw you. Your attorney is correct.
Sorry @Tyler35, but it’s not exactly right. If you don’t talk at all you are making bad impression at the first point, which is not good.
This is what is correct:
That’s what I meant.
Sorry for misunderstanding… Sometimes people may think NEVER…means at all…
I would also say no “small talk” with the officers… I watched a “Letho’s Law” on Youtube (he is a lawyer in Wisconsin)… He tells the story of a man who was arrested for something or ruther and invoked his right to remain silent. The detective quit asking the man about the crime and just “talked”. Well, because the man just “talked” he incriminated himself and lost his 5th Amendment right-- was convicted and lost his case at the Wisconsin Supreme Court…
The format may feel a bit weird, but we all knew you asked the question and your comment was the details.
Follow your attorney’s advice. Also, ask your attorney about posting ANYTHING online concerning your self-defense incident. If charges aren’t pressed yet and they find something about it online, it can be the deciding factor to press charges.
PLEASE stay safe out there! Once it’s all over, we’d love to hear how things played out and suggestions for others on how to handle the first few months following an incident.
Making or not making a statement to the police with assistance of counsel is a decision made with an eye toward future court action. It’s a tactical decision. If the police don’t have enough evidence to get the D.A. to file on you why supply them with it? A skilled interrogater can get you to stumble even with your attorney present. Just because you are clean doesn’t mean you walk away. Listen to your attorney. Getting involved in a shooting is bad news.
Blockquote 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.
I have to disagree. Whether or not you are complying, what ever you said will be used by the DA to the maximum advantage of the state.
Cops are trained and legally allowed to lie.
some advice that was given to me by the prosecutor on this. After the use of the weapon call 911 immediately if not sooner or if you are aiding the person have someone else call it in and try to save the victim and yes even the crook is a victim if hurt. As soon as possible UNLOAD your weapon and lay it on a table with the mag out and chamber open so police can see it is clear and not a danger to anyone. If asked for a statement do not do it until your lawyer is physically present with you at where ever they take you. the DA here is very pro 2A and gives good advice on this. I sometimes wonder why lawyers tell you not to say anything but I am not a lawyer so take what they say and do it here. What gets my goat about any court case is that everyone including those caught in the act all plead NG. If you did the crime you do the time right. Good luck with this and hope it all comes out for you.
You are right. An investigator can legally lie to a suspect to get incriminating statements. An example would be telling a burglary suspect his prints were found when they weren’t.
But, the police also lie to trick people into surrendering their rights.---- which should be big-time illegal.
“when a police officer asks you for ID you MUST give it to them”,
Or: “If I ask you to do something, you MUST do it”
Or: “I have every right to search you/vehicle without cause”
Back when I was about 20, a cop told me I had no rights until HE said I had rights.
and so many more. That is why it is so important to know your rights, and when an officer can LEGALLY suspend them. I go to legal seminars any chance I get and ask all the questions I can.
As for the identification it is my understanding that if you are in the vicinity of a crime and the police are looking for the suspect and the ask for ID you have to present it period. If on the other hand they just come on you somewhere unless they have a reason to ask you can legally refuse. It may get nasty but unless he has cause he is dead in the water on that.
On the post I made from what the prosecutor told me he did say to clear the weapon only if the danger was completey safe if there was still a clear and present danger to do what was needed but as soon as LEO arrived do everything they ask.
Except talk freely without your lawyer present. “I feared for my life and defended myself.”
They have to be able to ARTICULATE the crime they suspect you of committing, about to commit or have already committed. There are videos on Youtube of people merely taking pictures or video from a public place (Constitutionally protected activity) and cops demanding ID and/or the show/destroy the tape. Suspicion is not a crime, nor is it probable cause AND the Supreme Court has ruled that an officer is NOT to infer guilt just because a person invokes his/her Constitutional rights.
FYI-It is over. I got my gun back, including the full mag. No charges.
Great news Brian.
Stay safe out there.
Great news @Brian209