Will you always get arrested?

Just to be clear, So you are saying in all of your time as a prosecutor there were hardly any cut and dried cases where the victim of a Car Jacking, liquor store robbery, home invasion, late night burglary where the police left believing self defense was clearly justified? That may be the case but it sure reinforces the reason the second call you make is to the USCCA lawyer and then refuse to answer any questions till my lawyer gets there. Still I don’t remember them taking Jack Wilson into custody after the White Settlement Church shooting. They may have arrested him and I just missed it from all the praise he got from everyone.

I have had this discussion with several LEOs and some places seem to have more leeway. The idea we get from the Media is the criminal in Portland and Seattle and New York are sort of catch and release but they come down on the tax payer. (Yes that was Hyperbole.)

1 Like

To put things in perspective, in what state?

1 Like

As an immigrant, I don’t have any experience of dealing with US law enforcement.

As a UK citizen, I do know that ‘suspects’ are arrested so they can be interviewed under caution, which makes any statement legally acceptable in a court of law.

If you shoot somebody, then the police have to arrest you, since they can’t take your word it was self defence. Innocent until proven guilty does not apply. You have to prove your innocence to the police. The courts have to prove you’re guilty of the charge. This is based on my knowledge of UK law, so I do accept that it may be different in the US.

Our system and the UK are quite different. The system can be different between one state and the next as well. But innocent till proven guilty is a mainstay.

For some reading enjoyment. " In 2007, Texas passed a law resembling Florida’s that goes further than the “Castle Doctrine.” Like Florida’s, the Texas law removed the duty to retreat for people who are attacked, as long as they have the “right to be present at the location where the force is used.” In other words, Texans are allowed to use force in self-defense before retreating as long as they are not intruding on private property.

Under the law, a person’s use of deadly force will be presumed reasonable if someone enters, or attempts to enter, that person’s occupied home, vehicle or workplace “unlawfully and with force.”

The question still remains under those circumstances would a citizen get arrested or a pass?

Clear case of home invasion - probably won’t get arrested. But reality sometimes is not academic. E.g., the dirtbag is feeling better after patch up job at the hospital, and now he is telling detectives he is your gardener, and you shot him rather than pay his bill, or he is your boyfriend. So, they have to bring you in for questioning. Do you want a lawyer present on your side?

3 Likes

Remember what I posted previously about the likelihood of retaliation? Violent retaliation is not uncommon, but you can bet dollars to donuts the BGs are going to lie and stick to it! Not only will the prosecutors and cops “believe” them (ie attempt to prove their version of the story) and drag you into the system (even if they believe and like you), but so will all their friends, relatives, and fellow criminals (these groups often overlap). We see this non-stop in current events with all the BLM and Antifa insurrection and domestic terror campaigns and Democrat Party politics when one of theirs gets accused of anything. Anyone who has ever dealt with criminal gangs or a college fraternity knows the score.

3 Likes

Yeah, location and circumstances are a big deal. And by “circumstances,” I mean events not directly tied to a shooting, but which influences public perception. Two identical self-defense situations could occur, but the shooter could be treated very differently depending on the local police force and prosecutor, local politics, current events, etc.

1 Like

![image|590x438](upload://y0iuEmKBEXxtveF6ryeceDU489N.

I was a member of one of these and my connections probably kept me from going to jail after I took the baton away from what I thought was an assailant trying to beat my friend. Turns out he was a small town cop and one of my brother’s father was a state representative in that area.

It seems to me if everywhere were as hard on self defense as suggested we would simply see more little towns like Skidmore Missouri. Justice in the case of Ken McElroy . I used to be a true crime buff and I found that story absolutely fascinating.

As I said I have purchased a plan with USCCA and have every intention of allowing them to represent me if I ever should need their services. For now I think I live in a community and a state were the right of self defense is taken very seriously. But then much of my experiences with law Enforcement has been more or less positive.

$500 per month? What? Is that what your paying or am I mistaking your words. I belong to USCCA for everything talked about. Self sleep lawyers and the fees that my insurance covers. But $500 per month? Should be half of that fir a full year! Unless you are paying for crazy high amount of coverage due to your job. Please explain. I’m confused. I worry now that I’m wasting my money with basic insurance through USCCA. Thanks

1 Like

That was @BeanCounter who said that and I believe he misspoke!

1 Like

I was off one bean. Should’ve read $500/year for a very conservative estimate.

1 Like

Thank you for getting back to me regarding this topic. I was worried I wasn’t really covered for anything regarding lawyers being appointed to me if problems arose, and their fees up to $100k were not covered ( along with bail fees and civil coverage). I feel much better now because I really like the feeling of security and reading about the many different topics USCCA sends out. Thanks again!!!

1 Like