My life was in danger. I want my lawyer.

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  • skigun75

    Plinker
    Rating - 0%
    0   0   0
    Mar 26, 2008
    83
    8
    Indiana
    Just stumbled onto this thread, and if I may add my 2 cents worth...

    Rule #1 - I would strongly advise anyone involved in a self defense shooting to say nothing to everyone. "I want to speak to my attorney." is all that should come out of your mouth unless you or a loved one needs immediate life saving medical attention. Anything you say, to anyone, including paramedics and hospital personnel, is probably going to be used against you.

    If you are in a shooting and survive, your nightmare has only begun. The legal battle will be as stressful as shooting someone. The money you spend on a skilled attorney to keep you from going to prison will be the best money you have ever spent.

    Unless more people are shooting at you than you have bullets, the police are not your friend. As related above, the street cop responding to your call for help and the detective/prosecutor are probably not on the same page. Do Not make ANY statements, to anyone. See rule 1 above. Even attorneys hire attorneys to help them. Don't think you can do it by yourself, no matter how "justified" you are/were.

    And finally, a HUGE :+1: to having your attorney's card in your wallet, right next to your permit. Don't leave home without it.
     

    BloodEclipse

    Grandmaster
    Rating - 0%
    0   0   0
    Apr 3, 2008
    10,620
    38
    In the trenches for liberty!
    Paul, no offense to you or your father, but that sounds like a quick trip from justifiable self defense to a murder charge.

    Assuming you are justified to shoot, if the attacker stops attacking, you have to stop shooting. Same thing applies to a fist fight, if the attacker withdraws or gives up, you can't continue to fight him... otherwise you are then also looking at a criminal charge (battery or felony assault).

    I guess this depends on what and when you determine as "stops attacking". If a badguy is a threat, he gets shot all the way to the ground. I don't pull the trigger one shot at a time and pause to see if this had the desired effect. That is a good way to end up dead, but then you wouldn't have to worry about the lawyer.
     

    Spyke05

    Plinker
    Rating - 0%
    0   0   0
    Dec 27, 2011
    102
    16
    Indianapolis
    I was actually involved in a "shootout"(dont like that term at all) and was actually surprised on how the whole incident was handled by the police. I had another person pull a firearm on me I was able to fire a shot before he was and was able to end the situation. I immediately called the police and informed them of the incident. I was interviewed by detectives my firearm was siezed and booked into evidence I was never arrested or treated like I was some sort of criminal. After all the evidence and witness statements were taken I was cleared of any charges. It took nine months for my weapon to be released but all in all the whole situation was not as horrible as I expected it to be.
     

    Josh Ward

    Master
    Rating - 100%
    81   0   0
    Feb 13, 2008
    1,538
    38
    Fortville/Greenfield
    This is one of the areas that I think Michigan does better than Indiana by a long shot. In Michigan you have to take some sort of class to get your carry permit. Most of the time it's the NRA Personal Protection class with the Michigan specific stuff thrown in. Anyway, there is a legal section of the class where a lawyer comes in and explains your legal rights if you ever have to use a handgun in self defense, and answers any questions the students have. So not only do you have a better idea of what's involved, but you have the name of a very pro-gun attorney.

    Oh and for the record, I used to hate the fact that you were required to spend money and take a class to get a carry permit. But after seeing some people shoot and hearing their attitudes on concealed carry I have changed my mind somewhat....


    NO FREAKING THANKYOU!!! we need fewer requirements, NOT more. Yeah, theres always a couple "bad apples" out there, but dang, lets not let them persuade us into more rules and laws than infringe on our rights....
     

    Jack Burton

    Shooter
    Rating - 0%
    0   0   0
    Jul 9, 2008
    2,432
    48
    NWI
    There are lawyers, and then again, there are other lawyers. Not all are equal and having the wrong one can be as bad as standing up on the booking desk and signing your confession in 4/4 time.

    Real estate, family law, and corporate lawyers are generally good guys, but not to be trusted with a self defense claim. They simply don't know the subject.

    So how to find a good self defense lawyer. Ask the people who often run into them the most -- the local law enforcement officials. If you (or someone you know who will ask for you) gets a couple of legal beagle names consistently popping up from a variety of LEOs then you can be assured that they are probably good in a court room.

    Almost all lawyers are willing to sit down for a few minutes and let you introduce yourself to them. Grab a business card and staple it to your LTC card. Don't worry about "retainer fees" since lawyers are in the business of needing new clients on a regular basis. They'll take your call at 3:00 AM if needed even if you haven't paid them a dime in advance.
     

    Jack Burton

    Shooter
    Rating - 0%
    0   0   0
    Jul 9, 2008
    2,432
    48
    NWI
    Rule #1 - I would strongly advise anyone involved in a self defense shooting to say nothing to everyone. "I want to speak to my attorney." is all that should come out of your mouth unless you or a loved one needs immediate life saving medical attention. Anything you say, to anyone, including paramedics and hospital personnel, is probably going to be used against you.

    Mostly true...if there is something the police need to know, such as "there's his knife, it fell under the car" then you need to get it out in the beginning.

    As a side note... you must have prior knowledge of something before you can claim it in your defense. For instance, if the badguy had a gun in his pocket but you didn't know about it, your defense cannot claim that the reason you shot him was because he had a gun. Common sense.

    This holds true for the Tuller defense also... you shot the knife wielder because he was within a 20 foot circle and you know that he could kill you before you otherwise had a chance to defend yourself.

    From my reading and understanding, if you were not aware of the Tuller drill beforehand, that defense will not work. If you cannot use it in your defense then to the jury you just shot and killed a man for no reason.

    So how to prove that you know about the drill before any shooting? Presenting it as a statement the next day through your attorney is not going to work.



    Well, one way is to have a subscription to a gun or other magazine that presents the drill and consequences of it. By having a subscription the presumption is that you read the magazine and have become aware of the drill.

    Another is to immediately reference it while you are being questioned by the police. There obviously is not enough time for you to go out to the library, study it up, and then use it between the shooting and the questioning.

    Another way is to have it in book/magazine/video form, with a personal note and date next to the info from you as to when you read/viewed it. This is weaker because it can be arranged after the fact of the shooting, but better than a poke in the eye with a sharp stick.
     

    henktermaat

    Master
    Rating - 100%
    11   0   0
    Jan 3, 2009
    4,952
    38
    I carry Guy's card - but I'm worried that it's his office and if after hours, I won't be able to contact him for a whole day or so.
     

    GuyRelford

    Master
    Rating - 100%
    2   0   0
    Aug 30, 2009
    2,542
    63
    Zionsville
    While we've got your attention, what's the procedure if we need to call after hours?

    Call my personal cell and I will respond. If (God forbid) you are in jail, you can call collect to my home because, for example, you can't call collect to a cell phone from the Marion County Arrestee Processing Center.

    Just send me a PM if you want those numbers.

    Guy
     

    chuckp

    Sharpshooter
    Rating - 0%
    0   0   0
    Nov 22, 2009
    458
    28
    Central IN
    God forbid any of us are ever in a gun fight. Or find ourselves in a situation where our lives are in danger and we have to use deadly force. I have always heard its best to give little info to the police. Clearly state your life was in danger and ask for a lawyer.

    How many of you have a lawyer and are prepared for such an incident (got his or her number in your wallet or in your phone).

    At the moment I don't know who I would call and would like to get a name 's' of a good lawyer who deals in these matters.

    Wise thinking about talking to the police. Remember the Miranda rights tell you "That anything you do or say can and will be used against you." It does not say that it will be used TO HELP YOU. I have been in a self defense situation in where you live and I learned real fast the police here were not here to help me. Among other things, everything that I said to them was subpoenaed by the family of the person that attacked me. At the time I did not know that they had a live microphone on me and my mom and my girlfriend separately as they acted as our buddies. Guess what.....They did not tell us that we were being recorded. They even fudged on the truth to get a search warrant. They then used that information to twist me in to an evil person. Keep your mouth shut and DEMAND an atty, at any cost. Remember that you are trained to do your job. An atty is trained to deal with the police and the legal system.

    Chuck
     

    Concerned Citizen

    Sharpshooter
    Rating - 0%
    0   0   0
    Sep 1, 2010
    735
    18
    Brownsburg
    I have two lawyers phone numbers in my cell phone address book; Kirk Freeman & Guy Relford. Both members here. I personally wouldn't call Bryan C, even though I have two of his books. I didn't care much for the last interview of his I heard. He doesn't seem to be at all for O.C., and I think he might even be against it. As a lawyer, even though he didn't OC, I would expect him to be for soneone elses rights to do as they wanted as long as it was legal.

    Do a web search, find their websites, and their phone numbers are on their sites.
     

    jd42k

    Marksman
    Rating - 100%
    1   0   0
    Apr 20, 2011
    279
    16
    Northern Indiana
    God forbid any of us are ever in a gun fight. Or find ourselves in a situation where our lives are in danger and we have to use deadly force. I have always heard its best to give little info to the police. Clearly state your life was in danger and ask for a lawyer.

    How many of you have a lawyer and are prepared for such an incident (got his or her number in your wallet or in your phone).

    At the moment I don't know who I would call and would like to get a name 's' of a good lawyer who deals in these matters.

    Below is a list of defense attorneys approved by the United States Conceal Carry Association (USCCA). If anyone wants a specific state pm me and I can email or perhaps create a list for all 50 states.

    Their message on the USCCA card states: (to be used after a defensive shooting)

    Call 911 - "I was afraid for my life, and was forced to defend myself. Please send an ambulance right away."

    Once the police arrive state this:
    1. He attacked me.
    2. I'll sign a complaint.
    3. There's the evidence.
    4. I need to talk to my lawyer and I do not consent to any search.

    Here's the list of attorneys.

    Baker, Bodwell & Parker
    Connersville, Indiana | Map This
    * Estate Planning And Administration Attorneys - Connersville, IN - Baker Bodwell Parker
    765-825-7551
    Visit Website

    Blachly, Tabor, Bozik & Hartman LLC, Ft. Wayne
    Ft Wayne, Indiana | Map This
    Northwest Indiana's Best | Lawyers on the Square - Blachly, Tabor, Bozik, & Hartman
    260-459-3288
    Visit Website

    Blachly, Tabor, Bozik & Hartman LLC, Merrillville
    Merrillville, Indiana | Map This
    Northwest Indiana's Best | Lawyers on the Square - Blachly, Tabor, Bozik, & Hartman
    219-738-2824
    Visit Website

    Blachly, Tabor, Bozik & Hartman LLC, Valparaiso
    Valparaiso, Indiana | Map This
    Northwest Indiana's Best | Lawyers on the Square - Blachly, Tabor, Bozik, & Hartman
    219-464-1041
    Visit Website

    Cohen, Garelick & Glazier
    Indianapolis, Indiana | Map This
    Indianapolis Personal Injury Attorney | Muncie Criminal Defense Lawyer | Bloomington, Lafayette, Anderson IN
    317-573-8888
    Visit Website

    Gary L. Griner Attorney at Law
    Mishawaka, Indiana | Map This
    Griner & Company - Attorneys at Law: We Concentrate in Criminal Law, OWI,DUI, and Traffic Violations
    574-255-1776
    Visit Website
    FREE CONSULTATIONS!

    Guy A. Relford
    Zionsville, Indiana | Map This
    http://
    317 432-0747
    Visit Website
    FREE CONSULTATIONS!

    Jewell, Crump, Angermeier & Prall
    Columbus, Indiana | Map This
    Columbus Family Law Attorneys | Indiana Criminal Law, Estate Planning Lawyers, Law Firm - Jewell, Crump, Angermeier %26 Prall
    812-376-9751
    Visit Website

    Lavender Bauer PC, Attorney at Law
    Warsaw, Indiana | Map This
    lavenderbauer@lavenderbauer.com
    574-267-4151
    Visit Website

    Libertybell Law Group
    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Conneticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
    Criminal Defense Attorneys | Criminal Attorneys | Defense Lawyers | LibertyBell Law Firm
    (800) 432-2355
    Visit Website
    FREE CONSULTATIONS!

    Martin J. Vogelbaum – Jones Obenchain, LLP
    South Bend, Indiana | Map This
    Jones Obenchain - Attorneys & Business Counselors
    574.233.1194
    Visit Website

    Matthew D. Barrett PC
    Logansport, Indiana | Map This
    http://www.barrettlaw.office.com
    574-753-3300
    Visit Website

    McIntyre, Hillgoss, Vent & Wieke
    Kokomo, Indiana | Map This
    Kokomo Divorce Attorneys | Indiana Estates, Estate Planning Lawyers, Law Firm - McIntyre, Hilligoss, Vent %26 Welke
    765-252-4540
    Visit Website

    McMillan Law Offices, P.C.
    Valparaiso, Indiana | Map This
    McMillan Law Offices, P.C. -
    (219) 464-9191
    Visit Website
    FREE CONSULTATIONS!

    Roscoe Stofall Jr. & Associates
    Mooresville, Indiana | Map This
    Roscoe Stovall, Jr. & Associates \ Indianapolis, Indiana Car Accident, Criminal Defense Attorneys \ Featured on IndyLaw.tv
    317-831-1111
    Visit Website

    The Law Office of Sam Berkman
    Merrillville, Indiana | Map This
    Merrillville Criminal Law Lawyer | Lake County DUI Attorney | Crown Point Criminal Defense Lawyer
    219-769-1125
    Visit Website
    FREE CONSULTATIONS
     

    GLOCKT

    Plinker
    Rating - 0%
    0   0   0
    Mar 22, 2008
    9
    1
    Southside Indpls
    jd42k,thanks for the info on post#56,hopefully I'll never need to be represented by one of these firms,but Thank You for the helpful info nonetheless...
     

    Boomhower

    Plinker
    Rating - 0%
    0   0   0
    Apr 20, 2011
    20
    1
    Call my personal cell and I will respond. If (God forbid) you are in jail, you can call collect to my home because, for example, you can't call collect to a cell phone from the Marion County Arrestee Processing Center.

    Just send me a PM if you want those numbers.

    Guy

    Guy,
    I tried to send you a PM, but my post count is not high enough. Could you send me a PM with those numbers.

    Thanks.
    Boom
     
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