The aftermath of self defense

S

shamus005

New member
So I 'm wondering what happens after you use lethal force. Do the police confiscate your weapon as evidence? If so, when do you get it back? What should you say, or NOT say, to the police when they come to your house after a you've experienced an unpleasant social encounter? I heard someone once say that when the police come just tell them, "I was in fear for my life. I shot the man. I want my lawyer". I do know that you probably want to keep your words to a minimum since they can be used against you in a court of law.

We train to deal with potentially leathal encounters, but what about the aftermath?
 
A good defense course will explain this to you .Those courses are well worth the money.They will take your gun and you might get it back months later. Say little , contact a lawyer.
 
I know we always cite our CCL instructors...

But I'm going to do it again :p since he really did give the best advice I think you could get. Here's what he said to do:

Decide ahead of time who you will call. It should NOT be your spouse (assuming your spouse is not there already). You do not want your spouse to see the mess, to experience first hand the emotions. You are likely to "shut down" and possibly unable to say anything intelligible, so you need somebody to speak for you, like to tell them your name, your doctor's name, things like that. {my own, btw, is my priest} Call an ambulance if you can. If you are injured call two; and YOU get into the first one that comes. In a civil court case later, it will look better if you have called an ambulance for the BG too. {Remember, in Texas, although it will go to the grand jury, you will be no-billed, but civil cases will likely follow}. If you can talk, tell them that it was self defense, that you were in fear of your life (assuming you were). Let the other person do the rest of the talking.

I know Blackmind and others assume they will not have much of an aftereffect from a shooting, and that topic has been done to death (ha, ha) elsewhere on the forums. But this is good advice. The person you call should be someone you want to have around you at a traumatic moment like this {hence, my priest being the one I would call, or have them call} and that can help you AND keep his/her head in the crisis of the moment.

Hopefully none of us will ever need to do this, but it's something to think about and decide ahead of time.

Springmom
 
Anyone who thinks he can shoot down a person in this country and walk away whistling is an idiot! Unless the incident happened in your own home, (and maybe even then), you will be arrested, your gun will be confiscated, you will be held for a hearing, and you probably will be jailed until you can make bail, if bail is allowed. Do not chat with the police. Answer the minimum questions (name, address) then ask that your attorney be present. Anyone with a CCW license should have an attorney on retainer. Memorize the number as you might have to give up your wallet and there may be no phone book available. Then shut up! Don't brag to the cops about those "neat" handloads that "really tear a guy up" or how somebody on the internet said to "shoot anyone who looks like a danger."

To make bail, you have to put up at least 10% of the bail amount and that is NOT refundable, it is the bondsman's fee. So if your bail is set at 100k (low in a homicide case), you or your family will be out 10k.

Then, if the prosecutor decides to bring charges, you face a criminal trial in which all your actions leading up to the incident will be called into question. Why were you there? Did you know the victim? Why were you armed? Were you hunting for someone to kill? Why do you own a gun?

Then, if you are freed on the criminal charges, the victim's family, represented by a megabuck Brady Campaign lawyer, will haul you up on a civil suit. Same questions, except nastier.

In brief, anyone who thinks he can shoot someone and ride into the sunset like in a western movie, better think again.

Jim
 
Too bad you don't live in Florida Jim. If a person is found not guilty of criminal charges here the victims family cannot bring charges in civil court. What a shame huh?:cool:
 
In the nov - dec issue of legally armed. There is an interview with someone that was in a self-defense shooting.Someone tried to car jack him in tennesee when he was at a stop light.He shot the assailent and took his gun from him. The assailant was later caught. There was witnesses so that helped. He was interviewed by police.The police did take the gun but he hasn't been charged,or arrested.
 
Not in Texas, Jim

It is, of course, better to be prepared than not, of course. And the civil suit is a given, sorry to say, even here. But if it is a self defense shooting it will be sent to the grand jury but you are VERY unlikely to be arrested. There are some circumstances where that might occur (you're attacked in the parking lot of a bar after having had a verbal altercation with BG in the bar earlier). But it is unlikely in probably 95% of the circumstances. I can only think of one person so arrested in the last 2 1/2 years that I've lived here in the Houston area, and it was that murky sort of circumstance. And that guy was released the next day, IIRC, no bail set. Just released.

God bless Texas.

Springmom
 
Anyone who thinks he can shoot down a person in this country and walk away whistling is an idiot! Unless the incident happened in your own home, (and maybe even then), you will be arrested, your gun will be confiscated, you will be held for a hearing, and you probably will be jailed until you can make bail, if bail is allowed.
Click to expand...

Hmm. I know of at least two cases in two different cities I have lived in, where it was self defence, and the guy was never arrested or charged with anything. In one of them, it was two neighbors with a long time feud. Well, one finally had it, and went to the other's house confronting and threatening him in his yard with a bowie knife. He got shot in the abdomen with a .357 mag. and died.

Buddy and I were talking to one of the LEO's awhile later. and my buddy asked, well what happened to the other guy? The LEO just laughed and said "Well, nothing! It was self defence. Just proves you don't take a knife to a gun fight."

I don't remember the details on the other one but it was at night while getting in his car in a parking lot or something. But I think the perp was a known "threat on the loose".

That said, I do agree, these would not be your typical outcomes. I think best bet would be to keep your mouth shut until you have an attorney. And I think most people would find more emotional and psycological issues than the think they would. I am not saying I wouldn't, but I know I would be able to overcome them and move on. And probably be stronger for it, too.
 
first secure the area and your family. do all you can to administer basic life support. then only tell the police he tried to kill me so i defended my self.that is it no more questions untill you collect your self and have a lawyer with you. never never never answer questions without a lawyer. i dont care if you have the whole thing clear as day on tape with the united states sepreme court as witnesses. give your account thru your lawyer and answer questions thru him. never get into an argument with a interviewer. dont get into the same questions 10 different way 15 different times. you will get confused and screw up. i have had people admit to things they couldnt have possibly dont just to get out of the room and not let me ask any more questions.THE MOST IMPORTIANT STEP IS CALL A LAWYER. if your in a crowd watch the weapon. dont allow it to walk away. dont touch it but dont let anyone take it.
 
First off don't take any advice from anyone who is not a bar certified lawyer in your area. Second take my advice, don't say anything to the police except to ask for a lawyer. NOTHING. AT ALL. Here is hint as to why, none of those cops will be testifing FOR you in a criminal trial and nothing you say to them will help you AT ALL. ANYTHING you say can and WILL be used AGAINST you. <FACT On the other hand the fact you did not say anything cannot be used against you, the cop is actually not allowed to even mention anything like "it was suspicous that he did not say anything to us. The 5th amendment is great like that.
 
What Blackwater said. +1

The best thing you can do to protect yourself is have a good attorney on retainer. Memorize his phone number.
 
To add to what Blackwater said, don't talk to any media types either. In some places, the TV, newspaper, and radio guys will be at your home faster than the police will. You don't want to be saying anything on the evening news that a jury will see later in court.

Also, each state is different. I just recently moved from California, where, essentially, every gun owner is guilty until proven innocent, and even then maybe not. Shooting a bad guy who has broken into your home and is threatening to kill you is likely to land you in jail for damaging said bad guy's self-esteem. I'm now in North Carolina, where things are handled more like in Florida, Texas, and wherever Woodland lives.
 
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