Lawyer Info

[JakeMate]

Following the advice of many people on the board and my CCW instructor, I contacted a criminal lawyer in case I ever have to use deadly force. I spoke only to the lawyers secretary who said it's not necessary to retain a lawyer. She said if something happened, just call them and they'd help. This was not the answer I was looking for. I stated that I wanted a lawyer who could be there quickly because, as we all know, we shouldn't answer any questions without our lawyer present.

I live in South Carolina right on the border if Charlotte, NC. Can I use a NC lawyer? Can anyone recommend a 'real' lawyer who can help me?

Thanks in advance.

 

[MillCreek]

What the lawyer's secretary told you is generally accurate. I retain and supervise lawyers on a weekly basis to work on my civil litigation cases. I have had occasion to retain criminal counsel for my clients as well. In criminal matters, most criminal defense lawyers are only contacted and retained when an actual problem occurs, not prior. They generally have answering services, so if you need one after hours, merely call their office and ask the answering service to page them, or tell you where they are and ask the lawyer to meet you there. After they respond and accept you as a client, they are officially retained, and you can start writing checks to them. Another idea would be to call a criminal defense lawyer, tell them that you would like a one-hour appointment to discuss self-defense law in your state and at the end of the meeting, ask if you can call them if you ever have a problem.

In the mean time, if you are involved in a shooting, merely smile politely and tell the responding officers that you are not being difficult, but you are declining to answer any questions until your lawyer arrives or otherwise contacts you. I suggest something like this: "that man attempted to kill me and I was forced to respond in self-defense. I cannot answer any questions until I speak with my lawyer. Please don't ask me any further questions."

In regards to calling or using a North Carolina lawyer, you can certainly do so if they are also admitted to the bar (licensed to practice) in South Carolina. In many cities/towns located on state borders, particularly the larger cities, many lawyers will be admitted to practice in both states. An example locally is Portland, Oregon. Many lawyers in Portland are admitted in both Oregon and Washington and handle cases on both sides of the Columbia River. I bet that the yellow pages ads for lawyers in Charlotte will have many listings that actually say that the lawyer is admitted in both North and South Carolina.

 

[pipoman]

I too have worked around the criminal justice system. It is a good idea to know who you are going to call if you are involved in any criminal investigation. A retainer is probably not necessary.

I stated that I wanted a lawyer who could be there quickly because, as we all know, we shouldn't answer any questions without our lawyer present.

Often the speed of the lawyer is why people talk to police when they shouldn't. The thought of spending the night in jail frightens people. If you shoot someone plan on spending a few days in the cooler. Don't jeopardize your defense trying to stay out of a cell. Let them put you into a cell, find a place to sit down, collect your thoughts, do not talk to other inmates any more than absolutely necessary and never about why you are there.

There is a strong likelihood this scenario would play out:

The police arrive at the scene. You are standing there making the statement "He was going to kill me, I defended myself". The responding LEOs say "Yea looks like you smoked him good, good job you have made our job easier. You are a hero, etc" " You are going to have to come down town with us to make a report" You get down town and walk into the detective bureau. The whole room erupts into clapping and cheering for you. You are taken to an interrogation room. You are offered soda, coffee, cigarettes, pizza if you want it. The questions start out slowly, all the while you are being lauded as the hero. You like the special treatment and tell your story. Gradually the questioning becomes more accusatory. Your words are being twisted. You say I want my lawyer...too late.

The legal system is slow, don't get into a hurry. A few days in jail beats years in jail.

"that man attempted to kill me and I was forced to respond in self-defense. I cannot answer any questions until I speak with my lawyer. Please don't ask me any further questions."

+1 - NOT ANOTHER WORD (except to repeat above verbatim)

 

[JakeMate]

Thanks guys.

 

[Death from Afar]

I work for the NZ equivalent of the DA and that is very good advice. Dont be rude, dont be offensive, just say what was suggested. Its sound advice.

Its funy, how most people dislike lawyers 'till they need one !

 

[leadcounsel]

Retaining counsel in advance...

Retaining counsel in advance may be prudent but not generally necessary. I would instead just do a search through the state bar association or other research tools to find the BEST that your budget can purchase in advance and also have a few to pick from based on their caseload at the time of need. Sometimes lawyers are just too busy to take new cases. Have a list prepared and bring it with you to the jail or alternately give it to a loved one and have them start making the calls from home. The reason you would want to retain one in advance is to avoid using your phone calls calling around to try to find a lawyer.

Don't say peep other than politely telling the police that you acted in self defense, want to press charges against the perpetrator, and want to speak with your lawyer before saying anythings else both before and during custody. The police MUST respect this. Don't speak to ANYONE about the details of the case except your lawyer. Police can and do plant other inmates in your cell to extract a confession or other details from you and incriminating evidence gathered in this fashion can be used against you in court.