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So as a new LTC holder I am still learning what to do and not to do after a self defense shooting. I understand the 911 call and not to say too much without my attorney present. I have a membership with [Pre-paid legal service] just in case I ever need an attorney as well. My question is, when would I call my attorney after the shooting and when would I get a chance to call my wife if I were taken into custody? Does the one phone call rule like you see on tv relate to this matter? I don't know much about being arrested since I've never had that issue so I want to know when I would get a chance to contact my family and attorney.

Jason

Whitenerj wrote:So as a new LTC holder I am still learning what to do and not to do after a self defense shooting. I understand the 911 call and not to say too much without my attorney present. I have a membership with [Pre-paid legal service] just in case I ever need an attorney as well. My question is, when would I call my attorney after the shooting and when would I get a chance to call my wife if I were taken into custody? Does the one phone call rule like you see on tv relate to this matter? I don't know much about being arrested since I've never had that issue so I want to know when I would get a chance to contact my family and attorney.

Jason

I have never faced this situation, but I would think that the attorney could/would be able to notify your wife if your ability to make a phone call was delayed.
Just make sure that they have your emergency contact information on file.

I have heard, second hand, that they have pay phones in jail where you can make a collect call.
I don't know if that is true for prisoners who are just taken into custody. Your lawyer can probably give to some advice on this matter.
After all, that is why you are paying them.

If taken into custody, once youre booked into a county jail, the detention officers are required by regulation to give you two completed phone calls.

Municipal jails do not have to play by the same rules that county jails do. A municipal jail just has to make a phone available to you, it is not mandatory that you make completed calls.

If you're justified in shooting the perp then I see the police taking you downtown for questioning. You won't be "booked in" unless you are under arrest and they will let you know. My advise is don't say anything until you talk to your attorney.

How many phone numbers do you know by heart??? Remember everything you own will be taken away from you including your personnel phone book you keep in your phone. Sometimes I am lucky to remember my own phone number let alone my wife's.

I have a card that I carry that explains my standing on talking to the police without an attorney present. That way I do not have to remember anything. Or leave something out in a stressful situation.

Remember if you are placed in a squad car everything you say is being recorded, in fact in most instances what ever you say to an LEO is being recorded. AND it is not to protect you EVER!!!

Good book, "Texas Gun Law Armed and Educated". Available on Amazon. Mostly good reviews.

If ever in this situation, I will do the following in this order.
1. Call 911 and state my name, location, a person has been shot and their condition. They will try to keep me on the line.
2. Hang up on 911.
3. Call my attorney and explain situation.
4. Wait for police to arrive.
5. Follow attorneys instructions.

I hope this time never comes.

karatedad wrote:If ever in this situation, I will do the following in this order.
1. Call 911 and state my name, location, a person has been shot and their condition. They will try to keep me on the line.
2. Hang up on 911.
3. Call my attorney and explain situation.
4. Wait for police to arrive.
5. Follow attorneys instructions.

I hope this time never comes.

And "ALWAYS" request an ambulance for the BG (dead of alive)....Be sure and get that on the 911 recording. It'll make you sound like you care about the welfare of the BG plus you're not a doctor. Let someone else make that determination.

Whitenerj wrote:So as a new LTC holder I am still learning what to do and not to do after a self defense shooting. I understand the 911 call and not to say too much without my attorney present. I have a membership with [Pre-paid legal service] just in case I ever need an attorney as well. My question is, when would I call my attorney after the shooting and when would I get a chance to call my wife if I were taken into custody? Does the one phone call rule like you see on tv relate to this matter? I don't know much about being arrested since I've never had that issue so I want to know when I would get a chance to contact my family and attorney.

Check the website of your attorney/pre-paid service/insurance provider. They will have articles/videos on just this subject. In a nutshell, the material will tell you something like;

- after the situation is stable, dial 911 and say "my name is {name}, I am at {business name/address} and I have just been A VICTIM OF the CRIME of {burglary/aggravated robbery/aggravated assault/drive-by/attempted murder/whatever} AND I WISH TO PRESS CHARGES. There are (n) people down at this location that require immediate medical attention, please send ambulance/emt's with the police."
- They will try to keep you on the line until police arrive. Once you are sure they know what to send, and it's on it's way, tell 911 "I'm really upset, I need to sit down, and I need to call my family and tell them I'm OK". Then HANG UP.
- immediately call the emergency number provided by your attorney/pre-paid service/insurance provider (which you already programmed into your phone for just this situation) and get them moving on your behalf
- DO NOT be holding your firearm when the police ARRIVE. probably shouldn't be holding the phone either.

For major incidents, police response time is pretty good. So you have very limited time to get thru this list. Make the most of it.

karatedad wrote:If ever in this situation, I will do the following in this order.
1. Call 911 and state my name, location, a person has been shot and their condition. They will try to keep me on the line.
2. Hang up on 911.
3. Call my attorney and explain situation.
4. Wait for police to arrive.
5. Follow attorneys instructions.

I hope this time never comes.

+1 for this advise.

My pre-paid legal service says to do exactly this but also between #3 and #4, you may want to put the weapon away. You also need to make sure witnesses are still there and stay on scene.

LEO's are trained with a process to go through and they will, whatever else happens, go through this process with them. Appear to be accepting of what they are doing, even if you disagree with it as aggravating them will do you no good in a court. What they do may well (will?) include disarming you, handcuffing you, taking statements from witnesses and you to understand what happened.

They don't know what happened as they were not there, so tell the LEO's what the attorney told you to do and say when you were on the phone with them. My scheme has an ID card that I should show to the officers and after that point say nothing more. The card has my member number and the phone number of the attorney service. All that should be enough to confirm for the LEO that you are acting under attorney instructions and that they need to follow the procedure they have and not mess me about trying to peg me as "the shooter". Not that they would, but better safe than sorry. After all, its YOUR skin in this... EVENTUALLY a local attorney and/or one of the national people (depending on how much you pay/which scheme you buy), will arrive and take charge of your situation.

Remember the issue is "Should I draw my weapon and kill the so-and-so who I see carrying my $600 TV away?" as this is often NOT the right thing to do. It might stop the theft and be what you feel you want to do (and even have a right to do), but it may expose you to much worse down the line...

Also, ask your cop buddies what THEY are told to do after they have to shoot someone.

I did a Medicare plan for the father of the paralegal for the firm that represents our local PD's officers association. She was a former Deputy herself, and the phrase she said was pounded in everyone was "not one word"... "not one word" until your lawyer is there.

They must know something that we don't.

I agree with the "I am a crime victim, this guy just tried to rob/rape/arson/assault/kidnap/kill me. He is laying in the parking lot at [location] please send the police and an ambulance." And not one word. If you hang up, they will try dozens of times to call you back, be prepared for that and follow your plan.

AJSully421 you posted:

"I agree with the "I am a crime victim, this guy just tried to rob/rape/arson/assault/kidnap/kill me. He is laying in the parking lot at [location] please send the police and an ambulance." And not one word."

By " And not one word." do you mean not one "additional word" after stating "I am a crime victim, this guy just tried to rob/rape/etc....?

Thanks!