Tuesday, October 1, 2019

When do you call for a lawyer?


In FL several years ago, with the change and addition of Stand Your Ground laws, it was made so that the police do not have to arrest a person who acts in self defense, even if their act results in death. This decision is based off the victim’s statement and the physical evidence, and this decision is often determined long before a lawyer can arrive. Yet I see constantly where people say that you should not give any statement to the police, that you should shut up and immediately call for a lawyer, which will almost always ensure that you are arrested, and that you will need to spend thousands of dollars on a lawyer, bail, and potentially an extended time in jail waiting on everything to be processed.OK, why? I mean, I know that years ago this was pretty much standard, but back then you were going to be arrested no matter what. I know that lawyers say that you should call them first, but they also say that you should call them after minor fender benders or when you get a red light camera ticket, they are in the business to make money. And I know that there are people that hate the police and don’t trust them, these are the same people that call police pigs and claim police are corrupt and criminals, I get why they would need a lawyer.But why do you think, as a victim of a crime, you need a lawyer? And when do you need them?I am going to give an example and ask some basic questions. In order to make this fair I am going to use FL law, since all states are slightly different.F.S. 776.012 Use or threatened use of force in defense of person.—(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.So, you have had a hard day out and gotten into an argument with your significant other. You stop by a store and are leaving with a large bag of groceries in a plastic bag and are not as attentive as you should be. As you walk up to your car you are struck from behind in the neck, then someone grabs your head and smashes it through a car side window. You manage to break free from your attacker and they pull out a knife.Scenario #1The attacker jumps in the passenger side of a car and speeds away.Scenario #2You still have the bag in your hand, swinging it you strike the attacker in the side of the face, breaking his orbital socket and jaw. He falls to the ground and a nearby car speeds away.Scenario #3You draw your firearm and the attacker throws his knife into a nearby car which speeds away. He remains at gunpoint.Scenario #4You draw your gun, the attacker moves forward and you shoot them. They fall to the ground, alive, and a nearby car speeds away.Scenario #5You draw your gun, the attacker moves forward and you shoot them. They jump into the passenger side of a car and it speeds away.Scenario #6You draw your gun, the attacker moves forward and you shoot them. The fall to the ground, dead, and a nearby car speeds away.Same situation, six possible outcomes.For each of these:Do you call 911?What do you tell 911?What do you tell the responding officer/detective when initially questioned?Do you answer any questions or immediately demand a lawyer?I am very curious to know how everyone would deal with this situation, and why they would do what they do as the victim. Especially how you would deal with #4 and #5, without knowing if the attacker will live or die.In none of these situations have you been Mirandized. I agree that the second you are a suspect and not a victim you should get legal representation. via /r/CCW https://ift.tt/2oWbT07

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