What do we do after?

[MiKelly]

My SDA instructor went over this in detail, which is part of why I recommend him so much. I feel truly ready to defend myself without fear of not knowing what to do afterward. I talk to a lot of guys that went through the class at other places and didn't get half of what I got out of it. PM if you need his contact info.

 

[specialop24]

In previouse experience, LEO in Pennsylvania not OK, IMHO you should probably try to be as cooperative as you can. Granted you are in a very shaky state of mind and it is to be expected. If the officers ask you for you weapon, you must surrender it, but don't just leave it open and waiting for someone to grab. I most definately agree with Mike Brown in every way. Don't give a disertation, but don't just sit there and say I want a lawyer. It just looks bad. The men and women who work in LE ARE accually there to help you, just try to help them and mostly they will return the favor. (Some exceptions do apply)

And as everyone else... I AM NOT A LAWYER AND I CAN'T GIVE ADVISE.... NOT EVEN TO MYSELF

 

[VociferousJD]

Many posters have stated that asking for a lawyer immediately "looks bad" or might make them "look guilty."

Who cares?

The fact that you refused to speak to the officers on the scene and invoked your to an attorney or your right to remain silent cannot be used against you in a criminal trial.

 

[Gideon]

"Anything you say can be used AGAINST you in a court of law."

Note: Nothing you say can be used FOR you. All those officers who you were cooperating with and being nice to don't matter in court. Anything good they say about you is considered hearsay.
However, anything negative they say about you, or facts they forget or get a little bit off can put you away.

If someone takes poor notes, or forgets exactly what you said, they can inadvertently contradict your story.

 

[uncle money bags]

Good call Trade Sniper!
I would only add; "hang up the phone", at the end of number 3.

 

[Michael Brown]

Many posters have stated that asking for a lawyer immediately "looks bad" or might make them "look guilty."

Who cares?

The fact that you refused to speak to the officers on the scene and invoked your to an attorney or your right to remain silent cannot be used against you in a criminal trial.

Have you handled a justifiable lethal force case?

Michael Brown

 

[Michael Brown]

"Anything you say can be used AGAINST you in a court of law."

Note: Nothing you say can be used FOR you. All those officers who you were cooperating with and being nice to don't matter in court. Anything good they say about you is considered hearsay.
However, anything negative they say about you, or facts they forget or get a little bit off can put you away.

If someone takes poor notes, or forgets exactly what you said, they can inadvertently contradict your story.

This is completely inaccurate, particularly in a non-grand jury state like Oklahoma.

Your statements made to police can be used for or against you in court and are not considered hearsay. I know because I've done it.

Everyone should have a lawyer on their side; the police will have one, the city will have one, the state will have one etc. You should too.

However requesting a lawyer is entirely different from refusing to say ANYTHING until your lawyer arrives. This gives the police very limited choice as to how to proceed.

Having witnessed firsthand (and been part of) numerous lethal force investigations and their subsequent litigation, I will give the simple statement that I have advocated in this and several other threads and then politely decline to answer further questions until I have my attorney present to make a well-reasoned decision on how to proceed.

Michael Brown

 

[Gideon]

http://www.cynical-c.com/?p=11091

 

[Michael Brown]

http://www.cynical-c.com/?p=11091

This is completely unrelated to a self-defense shooting which is an affirmative defense.

If the police are asking you if you stole a car, it's probably a good idea to invoke your fifth amendment rights.

If you shoot another human being in self defense and want a court to agree with you, legal doctrine shifts the burden of proof from the state to the defendant (one of very few situations where you must prove your innnocence) since you are essentially agreeing that you have committed the act the state alleges you committed; You are simply arguing that it was justified to do so.

Do whatever you want when your rear is on the line, but don't be suprised if you decide to lawyer up and get the Bernard Goetz treatment.

http://www.okshooters.com/forums/showthread.php?t=12516

Michael Brown

 

[spd67]

This is completely inaccurate, particularly in a non-grand jury state like Oklahoma.

Your statements made to police can be used for or against you in court and are not considered hearsay. I know because I've done it.

Everyone should have a lawyer on their side; the police will have one, the city will have one, the state will have one etc. You should too.

However requesting a lawyer is entirely different from refusing to say ANYTHING until your lawyer arrives. This gives the police very limited choice as to how to proceed.

Having witnessed firsthand (and been part of) numerous lethal force investigations and their subsequent litigation, I will give the simple statement that I have advocated in this and several other threads and then politely decline to answer further questions until I have my attorney present to make a well-reasoned decision on how to proceed.

Michael Brown

I agree totally as a Police Officer.

I would only add that when the boys in blue arrive don't have your gun in your hand...