Friday, July 28, 2017

What should you say to police after a shooting IN STATES WITH SYG laws? Perhaps you can handle a bit differently, slightly more forthcoming saying the words Self-defense, before invoking the 5th, than in states without.


I have read past threads, and know most will just say shut up plead 5 invoke right to silence....and I get that I do.But in states with not only Castle Doctrine, but fair stand your ground laws anywhere you are legally being, in the reality of a pressure situation, is it not better to admit the most basics? By law in many states, they should not be arresting you as is likely to happen in states without SYG laws unless there seems to be a good amount of evidence that it wasn't SD on your part. I say this if you were completely in the right, and could not possibly be seen as starting an initial confrontation or mutually contributing to it's escalation. By letting the Officer in charge of scene know that you know the laws, and he shouldn't be arresting you, that 1. You were attacked and feared for your life or lives of others 2. That yes, you shot the attacker (not answering how many times or details) because you had to and here is my CCW/CHL/CWP and my DL 3. Over there is his weapon, I see two cameras here and an ATM across the street, those 2 ladies over there are witnesses etc. 4. You intend to cooperate at a later time after talking to a lawyer since you are obviously shaken just like any officer would be so please understand 4. You invoke the 5th to remain silent, AND THEN DO SO.If you did it concisely in this way, again, if you weren't in some Bravado swearing, then pushing match leading up to it or road raging on each other, I would think this could be a better way, so hopefully you are not only NOT arrested on spot, but likely not prosecuted at all (barring Hot Political pressure...but again, in a SYG state, they really shouldn't be unless it definitely looked like it could have strongly not been SD). If you plead the 5th right away, it would seem to me you chances of getting arrested right on spot are very high unless tons of witnesses backing you right then and there of their own doing.Any L.E./Lawyers in SYG states vs not please pipe in. Is my thinking rational, that in a SYG state vs non, it may be safer to say these bare minimums, vs just pleading the 5th right away when you obviously have a gun and someone else has been shot. Does it not somewhat change the responding L.E. in charge, from yep, obviously a crime was committed, you can prove later it was SD, to at least a reasonable/preponderance level PUT ON HIM he would HAVE TO LATER show that YOU DIDN'T fire in Self-defense. Changing from an almost always arrest, to putting a decent burden of suspicion on him? If he arrests you without being able to explain why there was good suspicion your discharging a pistol was not in SD, he is breaking the state SYG law.......now, I know this could still happen, but I would guess you would be in a better position later on, after an arrest, by attempting to get the case thrown out or dropped before officially being prosecuted.In a Non-SYG state I understand why many situations in might be better to immediately just plead the 5th...say if you knew the attacker or were arguing etc. But in a SYG state, barring past relations w attacker/arguing/arguably mutual involvement leading up to it, wouldn't it be fairly safe, and perhaps even safer to do what I am thinking? because, if less likely to get arrested then and there, if their obviously isn't contradicting evidence, witnesses contradicting you...then there likely isn't enough of anything contradictory other than what the attacker or his accomplices will say later? via /r/CCW http://ift.tt/2tPpcRN

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