After incident cards...

[Bill of Rights]

I think my biggest concern would be my kids. They never shut up the way it is and if they were present, anyone trying to interagate them would probably be successful. So what would one do in this type of situation? Or would this make for a good thread to post?

"Honey... get the kids out of here-they don't need to see this any more than they already have!" (this can even be said with 911 on the phone, I think. Opinions on this are earnestly solicited) This takes care of your concern for their well-being as well as your concern about them babbling and getting you a cell with Bubba. Have a trusted neighbor or grandparent to whom they can be taken and then "honey" can come back to be supportive to you. She should know also to shut her mouth and say nothing to police prior to getting legal counsel lined up. If she is your wife, I think even as a witness, she can't be compelled to give testimony against you.

I am NOT a lawyer.
This is NOT legal advice.

Blessings,
B

 

[SavageEagle]

"Honey... get the kids out of here-they don't need to see this any more than they already have!" (this can even be said with 911 on the phone, I think. Opinions on this are earnestly solicited) This takes care of your concern for their well-being as well as your concern about them babbling and getting you a cell with Bubba. Have a trusted neighbor or grandparent to whom they can be taken and then "honey" can come back to be supportive to you. She should know also to shut her mouth and say nothing to police prior to getting legal counsel lined up. If she is your wife, I think even as a witness, she can't be compelled to give testimony against you.

I am NOT a lawyer.
This is NOT legal advice.

Blessings,
B

But it's such good advice! You SHOULD BE a lawyer!

In all seriousness, that's good advice. But Wouldn't the LEO's not want them to leave the scene? I mean wouldn't that be like witnesses leaving the scene? Without the implications of trying to track them down of course...

 

[epsylum]

How about leaving the scene all together? It sounds like a really bad idea on the surface, but IMO it only makes sense. You don't know if the person who attacked you has buddies that might be near by. Not too long ago someone in Indy did just that. He had to shoot someone to defend his life in a parking long and then he got in his truck and took off. He called 911 and reported it after he was out of the area and then quickly turned himself in. He was not charged on anything.

Personally that is probably what I would do. It is a bad idea to assume that you attacker(s) are alone. They could possibly have look outs or what not that are not immediately apparent as being involved and they may decide they want revenge for their buddy they just saw get dropped.

 

[indyjoe]

How about leaving the scene all together? It sounds like a really bad idea on the surface, but IMO it only makes sense. You don't know if the person who attacked you has buddies that might be near by. Not too long ago someone in Indy did just that. He had to shoot someone to defend his life in a parking long and then he got in his truck and took off. He called 911 and reported it after he was out of the area and then quickly turned himself in. He was not charged on anything.

I would worry that it would look bad, but it would depend on the situation. It a bad part of town, with poor lighting, etc., I can see some merit. I really think it could come back to haunt you in a criminal defense. If you are there to get the police and ambulance on the scene, it is hard to argue that you are some ruthless killer that wanted him to die, rather than just stop.

In a situation where you are close to or already in your car, I think it has more merit. If you don't know who is around and are car jacked and forced to shoot. Scooting is probably the best choice. Relay the location to 911 and indicate where you are. I can't see anyone faulting you for that. The one problem you might have, however, is one of the criminal's friends taking the lethal weapon trying to be used on you, after you have left the scene. This makes it a little harder to prove your case. But staying alive is your first job.

 

[Jack Burton]

I have my lawyer's business card stapled to the back of my ltc. It reminds both me and anyone else who sees it that I have certain rights that are to be honored.

And you don't have to pay money to "have a lawyer on retainer". It helps me that my lawyer is a long time family friend, but most attorneys will give their cards away like jelly beans, and will consider you a client if you present one to the police.

Just make sure to have one from someone who understands criminal defense laws, and not a real estate specialist.