Don't Know If This Has Been Discussed Yet
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Don't Know If This Has Been Discussed Yet
After doing some reading on another forum, It looks like it might be a good idea to put together a listing of pro-CHL attorneys that would help those who need them after an encounter.....Thoughts???
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Re: Don't Know If This Has Been Discussed Yet
It has been discussed, but few names are put forward.
CHL holders don't get into legal trouble often enough to make it a worthwhile specialty.
Personally, I don't think a lawyer needs to be an expert on firearms law (which isn't that complicated anyway, though it containes a bunch of unresolved contradictions). It's the lawyer's job to educate himself on the aspects of the law that affect a particular case.
Managing the legal process and negotiating with the prosecutor are more important. That's what criminal defense attorneys do for a living.
- Jim
CHL holders don't get into legal trouble often enough to make it a worthwhile specialty.
Personally, I don't think a lawyer needs to be an expert on firearms law (which isn't that complicated anyway, though it containes a bunch of unresolved contradictions). It's the lawyer's job to educate himself on the aspects of the law that affect a particular case.
Managing the legal process and negotiating with the prosecutor are more important. That's what criminal defense attorneys do for a living.
- Jim
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Re: Don't Know If This Has Been Discussed Yet
Some years ago I took the LFI-I course offered by Massad Ayoob. It's a great course. And one of the "fringe benefits" is that if you (a graduate) are ever involved in a defensive shooting Mas will testify on your behalf in the role of expert witness at no charge (with you picking up travel expenses of course). He will do this if, after reviewing the particulars of your case he, in his own opinion, believes it was a "good shoot".
I have no doubt that he would be able to recommend some good "firearms savvy" lawyers as well. So if I ever get in a situation where I need a good lawyer, the first thing I'm gonna do is call Mas.
IMO, having a knowledgeable lawyer is very important in cases like this. Most lawyers do not have much experience dealing with justified defensive shootings. Most of their clients are, in reality, guilty of something. So they might be good at getting people off on technicalities, or getting evidence supressed, or other tactics commonly used to get the guilty out of trouble, but are probably much less familiar with defending people who are actually innocent.
I don't want or need someone negotiating a plea bargain for me if I'm innocent. And for someone who mostly defends the guilty, getting an optimal plea bargain is probably his SOP.
I have no doubt that he would be able to recommend some good "firearms savvy" lawyers as well. So if I ever get in a situation where I need a good lawyer, the first thing I'm gonna do is call Mas.
IMO, having a knowledgeable lawyer is very important in cases like this. Most lawyers do not have much experience dealing with justified defensive shootings. Most of their clients are, in reality, guilty of something. So they might be good at getting people off on technicalities, or getting evidence supressed, or other tactics commonly used to get the guilty out of trouble, but are probably much less familiar with defending people who are actually innocent.
I don't want or need someone negotiating a plea bargain for me if I'm innocent. And for someone who mostly defends the guilty, getting an optimal plea bargain is probably his SOP.
Ahm jus' a Southern boy trapped in a Yankee's body
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Re: Don't Know If This Has Been Discussed Yet
"Technicality" means that police or prosecutors violated the law in some way. If I'm ever charged with a crime, I will be perfectly happy if the DA drops the case or the judge dismisses it because of a technicality. It's a lot cheaper than going to trial.
It's also possible for a defense attorney to negotiate charges out of existence without a plea bargain. If the DA sees that he has a low probability of winning the case, he may decide it's not worth it. DAs have limited resources and can take only a few percent of cases to trial.
The few CHL defenders who have been prosecuted in Texas were in big counties (Harris and Dallas) with big budgets and DAs who were anti-RKBA.
- Jim
It's also possible for a defense attorney to negotiate charges out of existence without a plea bargain. If the DA sees that he has a low probability of winning the case, he may decide it's not worth it. DAs have limited resources and can take only a few percent of cases to trial.
The few CHL defenders who have been prosecuted in Texas were in big counties (Harris and Dallas) with big budgets and DAs who were anti-RKBA.
- Jim
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Re: Don't Know If This Has Been Discussed Yet
Just as an off the wall suggestion, there are a group of lawyers out there with experience in shootings and use of force type problems. Find out who the city uses and who the local police union use for their defense cases. Many times, they contract this out instead of handling it with the city attorneys. They are very experienced in the use of force, even though it is more often civil cases and federal civil rights cases.
Steve Rothstein
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Re: Don't Know If This Has Been Discussed Yet
Steve, that is a capital suggestion! Thank you for your input.