TexasCHLforum.com

Charles, please don't lock this thread, at least for now. People do like to talk about this subject, and sometimes new viewpoints and questions come up that are interesting to read.

One thing I read recently related to programs like [pre-paid legal]... these services normally give you some kind of "card" to hand to the police officer, stating that you want to exercise your right to remain silent, want an attorney present before questioning, etc. The problem is, what I read was that this virtually guarantees that you will be arrested and taken to jail. When you think about it, the LEO will have no choice, since you are apparently a shooter and won't answer any questions.

This would entail all that comes with going to jail. Trouble with your job, an arrest record, maybe media publicity, and of course, cost - bail bond, etc. Going to jail, even if you're let off, is NOT a walk in the park.

On the other hand, if the LEO can get some basic information about what happened, he may conclude that it's absolutely clear that it was a self defense situation, and will very likely let you go home after taking a statement, and maybe come to the station later to answer further questions. It can depend on the circumstances, as well as the prevailing anti- or pro- gun mentality of that particular community. Trust me, there is a LOT of difference between going to jail and going home.

Any anecdotes or comments on this idea?

IIRC from Charles seminar, you should basically state what happened, such as, "The man attacked me with a weapon, I feared for my life and defended myself. There is the BG and his weapon (or words to that affect). I would like to consult with an attorney before answering any further questions." At least that's the jist of what I understood. Hope I'm not wrong.

There's good collection of txchl forum posts on this here:

FAQ: What do I do or say after defending myself?
viewtopic.php?f=7&t=37879&p=450656#p450656

Shepherd: thanks - those are very interesting reads. I'm still not sure if I want a legal service that essentially requires me to go to jail, perhaps unnecessarily, in order to receive their services.

Please - this is not an attempt to discuss the pros and cons of prepaid services, nor is it a discussion of what to do after a shooting. Those topics been done to death.

Ruark wrote:Charles, please don't lock this thread, at least for now. People do like to talk about this subject, and sometimes new viewpoints and questions come up that are interesting to read.

One thing I read recently related to programs like [pre-paid legal]... these services normally give you some kind of "card" to hand to the police officer, stating that you want to exercise your right to remain silent, want an attorney present before questioning, etc. The problem is, what I read was that this virtually guarantees that you will be arrested and taken to jail. When you think about it, the LEO will have no choice, since you are apparently a shooter and won't answer any questions.

This would entail all that comes with going to jail. Trouble with your job, an arrest record, maybe media publicity, and of course, cost - bail bond, etc. Going to jail, even if you're let off, is NOT a walk in the park.

On the other hand, if the LEO can get some basic information about what happened, he may conclude that it's absolutely clear that it was a self defense situation, and will very likely let you go home after taking a statement, and maybe come to the station later to answer further questions. It can depend on the circumstances, as well as the prevailing anti- or pro- gun mentality of that particular community. Trust me, there is a LOT of difference between going to jail and going home.

Any anecdotes or comments on this idea?

nor is it a discussion of what to do after a shooting.

If your "idea" that you wanted comments on was to give the police basic of what happened in order to avoid immediate arrest, and all the troubles that come afterward, then why is this not, "a discussion of what to do after a shooting?" Just what is the discussion you are requesting all about?

G26ster wrote:
If your "idea" that you wanted comments on was to give the police basic of what happened in order to avoid immediate arrest, and all the troubles that come afterward, then why is this not, "a discussion of what to do after a shooting?" Just what is the discussion you are requesting all about?

G26ster, you're right, and I apologize. By "this idea" I was referring to [pre-paid legal]'s instructions to its members of just giving police your identifying information and NOTHING else. From the links that have been given, I see pros and cons.
Thanks,
Ruark

I would rather sit in jail for few hours and wait for a lawyer, then sit in prison for years because I said something that the officer either thought implicated me or that he remembered incorrectly at the time of my trial.

As long as no one mentions any specific pre-paid legal plan/program then the thread won't be locked. It's fine to talk about pros and cons, or warnings about "gotchas" in contracts. Just don't mention a specific plan.

I've had my fill of promotions of any of the "services."

Chas.

steveincowtown wrote:I would rather sit in jail for few hours and wait for a lawyer, then sit in prison for years because I said something that the officer either thought implicated me or that he remembered incorrectly at the time of my trial.

If the officer recalls something you said happened at a trial isn't that hearsay?

Charles L. Cotton wrote:As long as no one mentions any specific pre-paid legal plan/program then the thread won't be locked. It's fine to talk about pros and cons, or warnings about "gotchas" in contracts. Just don't mention a specific plan.

I've had my fill of promotions of any of the "services."

Chas.

I am not going to mention any of these services but was pandered by one at a class recently. Your opinion of these is not necessarily positive?

ajwakeboarder wrote:

steveincowtown wrote:I would rather sit in jail for few hours and wait for a lawyer, then sit in prison for years because I said something that the officer either thought implicated me or that he remembered incorrectly at the time of my trial.

If the officer recalls something you said happened at a trial isn't that hearsay?

I don't believe so but IANAL.

If the cop on the stand says, "at the scene he told me, 'I don't know if I should have pulled the trigger'", that is not hearsay, it is first hand information collected during the investigation, which you muttered to the cop as the adrenalin was leaving your body and you were doubting your actions. You may not have even meant it in the way it sounded, but under extreme stress we sometimes flub our words.

Tell the cop, "that guy attacked me with that weapon and I defended myself. I would like to consult my lawyer before answering any further questions."

I have searched several times for reviews of prepaid legal services for CHL holders and cannot come up with much.
There are CHL defense shootings. Some of these folks must have these services.
Yet I cannot find any reviews on their worth when the rubber met the road.

I think I would say as little as possible but point out the BG and very brief explanation.
I hope I never have to.

ajwakeboarder wrote:

steveincowtown wrote:I would rather sit in jail for few hours and wait for a lawyer, then sit in prison for years because I said something that the officer either thought implicated me or that he remembered incorrectly at the time of my trial.

If the officer recalls something you said happened at a trial isn't that hearsay?

No. Hearsay is testimony that purports to present what a third party not present at the trial said. If an officer testifies to what he heard you say, that is direct testimony.