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by baldeagle
Sun Jul 07, 2013 9:58 am
Forum: General Texas CHL Discussion
Topic: A Little Sanity
Replies: 30
Views: 5772

Re: A Little Sanity

drjoker wrote:The most important thing is NOT to talk to police before your lawyer gets there.
This is bad advice. You should not talk to police in an interrogation without a lawyer, but you absolutely should tell police at the scene what happened. It's your only chance to tell you story, which is vital to your defense. The first thing you should do after a shooting is call 911 and explain briefly what happened. E.g. My name is John Doe. I'm at 5th and Harbor. I just shot a man who was trying to rob me at gunpoint. Please send police and an ambulance as soon as possible. I am dressed in a red tshirt, blue jeans and cowboy boots. I'm black. When the police arrive I will have my hands in the air and will surrender to them peacefully.

When the police arrive, you should give them a specific account of what took place. E.g. I was walking down this sidewalk when that man on the ground jumped out of that doorway, pointed a gun at me and said, "Give me all your money." I threw my wallet over there (point to wallet), and when he turned to retrieve it, I drew my weapon, pointed it at him and told him to freeze. He turned toward me, gun in hand, and I was afraid he was going to shoot. So I shot him. He dropped his gun and it ended up over there (point to gun). When I was certain he was no longer a threat, I called 911. There were three witnesses, but two of them have left. The gentleman standing across the street saw the whole thing.

If you do not give the police a basic description of the facts, then they have to try and figure out what happened. Their reconstruction of the scene may not match what you know happened and could place you in a bad light, leading to charges and a trial. You do not want the police to figure out what happened. You want to tell them what happened. If they don't believe you, then they have to find evidence to prove that you are lying. (It goes without saying that you should never lie to the police.)

If the police ask you to go to the station, tell them you'll be happy to but you will invoke your fifth amendment right until a lawyer is present.

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