Your Best Defense Is A Lawyer

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I am no lawyer and because of that I refuse to give legal advice as such. I can only tell you what we were taught when I was in the LE business. If you have to shoot someone. I hope you never have to. Call the police, and regardless of how badly you wan't to "state your side" or how badly the police would like you to make a statement, REMAIN SILENT.

GET AN ATTORNEY as soon as time and money permits.

JP
 
I'm going to jump in here with both boots.

I've never met Mr. Massad Ayoob, but I have talked with him once on the telephone and corresponded with him regarding a shooting I researched, and I've found him to be knowlegable, courteaous and likable. I find you, RR, to be none of those things.

I had a nice long scathing reply, but truth be told, you aren't worth my time. I vote for a "Ban" on a troll.

Biker
 
One of the things that I have always thought appropriate was to have your attorney's phone number on speed dial. If I am ever involved in a serious incident my order of priority responses will be:

1. Call my attorney.
2. Tell him what happened.
3. Let HIM call the police for me.
4. The first words to the police will be, "I will be more than happy to talk to you after my attorney has arrived here." Then remain silent.
 
And you're ALL forgetting one thing...

After you're acquitted, make sure you get a shark-toothed CIVIL attorney, because you will most probably be sued by the perp's family.

And...I'm beginning to get really tired of the constant personal attacks in discussions that should be FACTUAL. Come on, Moderators, do your job and help keep the mudslinging out of here!
 
After you're acquitted, make sure you get a shark-toothed CIVIL attorney, because you will most probably be sued by the perp's family.
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Actually that depends on the state you live in and where the shooting takes place. In Delaware there is a law that says you may only be sued if you are convicted. If Self defense is ruled justified, or you are no billed, or not arrested, the perp CANNOT SUE YOU period. Thats Factual information.

What state do you live in Keltyke? Do you know the law in your state???:)
 
Do you know the law in your state???
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No, but I DO know just about anyone can be sued for just about anything. Whether it will ever get to court or be won or lost is another thing. It's like all those extra magazines some of you carry, it's good insurance to have a civil attorney's name in your pocket.

I won't assume to interpret the law, even if it looks plainly stated on the books. I'll get the civil attorney, lay out the situation, and ask him, "Can I be sued?"
 
Actually that depends on the state you live in and where the shooting takes place. In Delaware there is a law that says you may only be sued if you are convicted. If Self defense is ruled justified, or you are no billed, or not arrested, the perp CANNOT SUE YOU period. Thats Factual information.
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Be careful about that. I'm not familiar with the Delaware law on this. However, I am familiar with the MA law, and while it provides a defense against a lawsuit, it does not prevent one:
Chapter 231: Section 85U. Death or injury to unlawful dwelling occupants; liability of lawful occupants

Section 85U. No person who is a lawful occupant of a dwelling shall be liable in an action for damages for death or injuries to an unlawful occupant of said dwelling resulting from the acts of said lawful occupant; provided, however, that said lawful occupant was in the dwelling at the time of the occurrence and that he acted in the reasonable belief that the person unlawfully in said lawful dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said lawful occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall not be a duty on said occupant to retreat from such person unlawfully in said dwelling.
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This does not prevent a lawsuit but it does provide a possible defense. From the law, you can see the types of arguments that the plaintiff's attorney would use: 1) you were not in "reasonable belief" that the perp was about to inflict grave bodily injury or death upon you, 2) you did not use "reasonable means" to defend yourself.

Some of these laws might either prevent a lawsuit from being filed or result in them being thrown out quickly. Others, such as the MA law shown above, provide less of a shield.
 
This antique thread was bumped to the top by someone who immediately edited his own post.

I'm closing it as the antique that it is. If you'd like to discuss this topic, feel free to start a fresh one.

pax
 
Just for the record, once you hit submit on your post, it's preserved for posterity.

Editing it may conceal the original contents from the public but the staff can still see what was posted.

Just something to think about...
 
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