Basic Legal Advice for an Armed Citizen

[bullitt]

I thought this was worth a share.

http://www.colddeadhands.us/Home/tabid/ ... tizen.aspx

[MarcSpaz]

Having a criminal lawyer on speed dial is a huge plus.

I have seen/heard several lawyers and police officers say you should not talk without consulting your attorney and having them present during questioning.

The best thing I ever heard... the fifth amendment is to protect "innocent" people.

[Swampman]

"Anything you say can and will be used against you in a court of law."

This is about as clear as it gets. I tell my wife and daughters this on a regular basis. They have started with the eyerolls, the heavy sighs, etc, so I know they are getting it.

[trailrunner]

If you have a permit, you should watch these at least once a year:

http://www.youtube.com/watch?v=6wXkI4t7nuc

http://www.youtube.com/watch?v=08fZQWjDVKE

Repeat after me: "I won't say anything until I talk to a lawyer." Then STFU.

[trailrunner]

"Anything you say can and will be used against you in a court of law."

This is about as clear as it gets. I tell my wife and daughters this on a regular basis. They have started with the eyerolls, the heavy sighs, etc, so I know they are getting it.

I taught my daughter this lesson. When she was about 15 years old and running around with all the alpha-females in high school, there was a minor vandalism incident against one of the girls in the other faction. For some reason, the police wanted to take their time to investigate it, and since at the time, my daughter was in the other clique, they wanted to talk to her. The high school is next to the police station, so they were going to have her stop by after school.

When I found out, I was mad that the police were going to interrogate my daughter (who was a minor at the time) without telling her parents. My daughter wanted to talk to the police because she didn't do it and so that she could tell them what a sl@t the victim was and how she was doing this and that with so and so's boyfriend and that she deserved it (oops!) and all the girl drama. Part of me did feel sorry for the cop who had to sit through that.

I told my daughter that she would NOT be going in to the police station, especially by herself. I called the police and told them the same thing, and I told them that I was not happy that they would question a minor without letting her parents know. The cop was not happy, and kept trying to talk me into it by first saying that they just wanted to talk to her and I had nothing to worry about. That didn't work, so he switched tactics and said that if she knew something and was withholding evidence, then she herself could be charged with a crime (or something like that) to try to intimidate me. To which I responded that if there was even a possibility that my daughter had committed a crime, then I absolutely insisted on a lawyer present. He replied: "Oh no, that's not what I meant and won't you please come down and have a friendly chat and we're really nice people..." It was amazing how they backed down as soon as I mentioned a lawyer.

And for the record, she had nothing to do with the vandalism, but that didn't matter to me when it came to exerting my and her rights. And years later, she still remembers that lesson.

[dusterdude]

Damn right


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[Reverenddel]

Yep!

As Ron White said once though "I had the RiGHT to keep silent, but I didn't have the ABILITY!"

Just sayin'. One episode of "48 Hours", when they drag some slobberknocker in there with NO evidence...

"Ya' mahn. I kilt him... (expletives, more expletives) ya' because he (yet again...expletives) my ole' lady... so I busteded a caps in his azz."

[jdonovan]

"Anything you say can and will be used against you in a court of law.

But anything you say to the police that supports your innocence, is 'hearsay' and generally inadmissible.

Unless you are the complainant there is almost zero value in speaking with the police without a lawyer present, and in many cases there is a negative value if you do speak with them.

[Palladin]

"Anything you say can and will be used against you in a court of law.

But anything you say to the police that supports your innocence, is 'hearsay' and generally inadmissible.

Unless you are the complainant there is almost zero value in speaking with the police without a lawyer present, and in many cases there is a negative value if you do speak with them.

+1

[Kreutz]

"I have nothing to say"

[0ne5hot]

don't forget that the SC ruled recently that you must state that you are "invoking the 5th amendment" or your "silence" can be used as an admission of guilt...you can't make this crap up

[Remek]

Here is my favorite online presentation on talking to police:

http://m.youtube.com/watch?v=6wXkI4t7nuc

It's an hour long, but it really truly is one of the most important talks on the subject of your fifth amendment rights.

You'd be a moron not to spend the time to watch and digest it. I am being honest here. I made my wife watch it, counsel my kids on the subject matter, and will force them to watch it when they are old enough.

Watch it.

[ Post made via Mobile Device ]

[Remek]

One5hot: it's not quite that simple, he had to state it because he was cooperating all along, then just shut up, he stopped saying anything.

However, saying "invoking" or "exercising" your right to stay silent is certainly a good way to do it.

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[trailrunner]

Here is my favorite online presentation on talking to police:

Yeah, I posted that video further up in the thread. After you watch that one, you should also watch the second part:

http://www.youtube.com/watch?v=08fZQWjDVKE

where the cop comes on after the lawyer and talks about his side of this situation. Surprisingly, he says that everything the lawyer said is right.

[Remek]

I think I posted the hour long with both sides

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[0ne5hot]

One5hot: it's not quite that simple, he had to state it because he was cooperating all along, then just shut up, he stopped saying anything.

However, saying "invoking" or "exercising" your right to stay silent is certainly a good way to do it.

[ Post made via Mobile Device ]

yeah I agree with you, that case is not that simple but IMO most people are retarded/intellectually lazy and i don't want them to have any chance of misinterpreting common english