Thursday, December 20, 2012

Immediately After an Encounter with a Burglar


Immediately After an Encounter Part IV
Getting good legal advice is important
 
For the record, I am not an attorney and I do not represent myself as such. Nor, do I pretend to give you legal advice. I am simply giving you suggestions. The best case scenario, is that you learn the gun laws of your state and speak to an attorney BEFORE you purchase a gun.
Good legal advice is as necessary as gun training, so do both, take a gun training course and obtain legal advice  BEFORE your purchase.
 
I want to say here, that I understand good attorneys are not cheap and if talking to one is too expensive? Talk to a few of your fellow gun enthusiasts and chip in together to obtain the advice. Make an appointment, pay the consultation fee, ask questions. But most important of all? Listen to what he says about what to expect from the system and how it works.
 
When selecting an attorney, don't just go to any attorney. You want to speak to a criminal defense attorney. Someone who knows how the system works and has a good reputation. They will generally know the prosecutor and even may know the arresting officer from previous cases. If you say you don't know how to find this information? It is readily available for free, in any state. You can even go online and check the law registry of the state and city where you live, to obtain the information.
 
Now none of what I am telling you is to imply that you should not cooperate with the police. I am suggesting that there are alternatives you can take until your mind is clear and you have legal advice available. Be smart. Good, law abiding, honest citizens, should be willing to cooperate with the law, always. Just make sure you do so in the right frame of mind (preferably after the adrenaline has worn off) and your mind is clear.
 
Once so, you should always have or you should always want....someone sitting next to you who is well versed in the law Someone who can help you calmly through the questions from the police.
 
Simple suggestions, but I encourage you to research the laws where you live, consult a criminal defense attorney and most of all, be sure that you understand your responsibilities and rights. Thanks for reading--
 
 

Wednesday, December 19, 2012

Immediately After an Encounter with a Burglar


Immediately After an Encounter Part III
 
If you have shot someone who was attempting to rob you, there are some simple and basic steps to take. First, after you have contacted the police, it is advisable to contact an attorney. Once both are done, sit back and clear your mind so that you can recall exactly what happened. Upon the arrival of the police, be prepared to show proper identification and they are obligated to advise you of your rights before you answer any questions. Remember...before you answer any questions, they must advise you of your rights. It is also advisable to exercise your constitutional rights to say nothing until your attorney arrives. This is one of the rights that the police will explain to you, so you are doing nothing wrong by not speaking to them.
 
After being advised of your rights, make a brief statement. Something similar to this:  
 
"The reason I shot this person, is that he tried to rob me and it put me in fear of my life. I had to shoot him. I would love to talk to you further, about everything that has happened, but I want my lawyer to be present when I do that."
 
You then stop talking until you are with your attorney.
 
The police however may take a different view, so you must expect, and be prepared for,  being handcuffed immediately and taken to jail. All because you exercised your rights. These same rights as just outlined by police. But.....it is part of the process. Remember, the police are only doing their job. The best possible answer after your brief verbal statment, is that your response be nothing more, than you wish to speak to an attorney.
 
Remember, you are doing nothing wrong by not speaking with the police immediately. There is a reason for this. The most glaring fact, is that the reason it is inadvisable for you to speak to the police at this stage, is that you are still under the effects of adrenaline. In this state, you could say anything. You could get the facts wrong or worse, mixed up. When your adrenaline is pumped, you are at an emotional high and may even use inappropriate language in front of the police. This state  produces emotions that may may also distort the facts. 
 
Just remember, at this state, anything you say or do....IS admissible in a court of law.
 
Tomorrow, the final installment in this series. Thanks for reading and I'll see you on the trail---

Monday, December 17, 2012

Immediately After Encounter with a Burglar


Immediately After Encounter
 
In the immediate aftermath of an encounter, whether shots have been fired or not, you should NOT have your weapon in your hand when the police arrive. If the situation is still critical, i.e.: you are holding the perpetrator at gunpoint, have a relative go outside to notify the police that a suspect is being held on the ground by a legally armed citizen. You do not want the cops bursting in and shooting you by mistake. Remember, their adrenaline in at a high level also and this can be a dangerous and confusing time
 

Scenario # 1
You let the perpetrator go
 
If there is no one to help you in this situation, it may be best to just let the perpetrator escape and let the police chase them down. If this is the case, dial 9-1-1. Identify yourself and give this explanation only: "A person just tried to rob me and they got away, please send police." Then give your address. It's not advisable to give any further information over the phone. Now, sit down and collect your thoughts so you can give a cohesive and thorough description of the perpetrator to the police when they arrive. Also make sure your weapon (if you have one) is holstered or in plain sight away from you when they arrive.
 
The honest citizen should always cooperate with the police or be willing to help when possible. After all, they are there to help.
 
Scenario # 2
You have discharged your weapon
 
You have discharged your weapon and the perpetrator is wounded. Dial 9-1-1. Identify yourself, using something like this example: "A person just tried to rob me and I shot him. Please send police and an ambulance to...."  Give your address. Again, it is not advisable to give any further information over the phone. If the situation is peaceful, make sure your weapon is holstered or away from you when the police arrive.
 
At this stage, there is a lot of discussion as to what is best to do, and what is not best to do. What you should say and what you should not say to the police. Cooperation of course is always the best, but you must be in the correct frame of mind to give any statements.
 
Tomorrow, I will go over some different trains of thought on just this. Thanks for reading--
 

Saturday, December 15, 2012

What to do after a self defense confrontation

Good Morning. 

I have been relaxing these last few weeks and I have noticed an upswing in crime. What with all of the home invasions and brazen daylight robberies happening in neighborhoods across the nation, I thought I would cover something that we all talk about, but that no one seems to want to admit that they know nothing about. We are afraid in our own homes sometimes, and some of you may have even thought of purchasing a home defense weapon, I suggest you read this first. Then get some more information from a local defense attorney where you live, so that you know the local laws. Then talk to a gun shop owner about the type of weapon you are interested in and why. Learn about training classes available, all of the above......before you purchase a home defense weapon. Read on.


What to do after a self defense confrontation

 
Everyday, there seems to be another story of a homeowner defending themselves against burglars. Daily, there are articles of people buying guns to protect themselves. Gun sales are up and the anti-gun lobbyist's are in the news with negative spin about guns. Who is right? Up to you to decide. But if you do decide to protect yourself, there are some basics. The times we live in, with the economy being as it is, has caused for the spike in crime, or has it? Is the crime actually going up, or is it going down? Are home owner's becoming more paranoid, or smarter? There seem to be several points of view, so let's discuss a few.
 
First and foremost, if you don't know the gun laws in your state, you are obligated to find out. Ignorance of the law is no excuse. Your local gun range should carry books pertaining to the gun laws of your state. The library and of course, the Internet, is swarming with information. Arm yourself with information (no pun intended) before considering a gun purchase.Find out what the self defense laws are in your state. Don't guess, know. 
 
Once you have learned what you need to know about the gun laws of your state, talk to someone about a self defense course and how to use the weapon you choose. Finally there is one more thing to talk about, and that is a concealed handgun license (CHL). It is important for you to understand, having a CHL does not give you a free license to use your weapon, it simply means that you have taken instruction and are licensed to carry. Unless you need a weapon in the course of your duties for work, there is usually no need for a CHL. Again, the choice is your own and the laws of your state.
 
A healthy conversation about guns, about their use (training) what kinds of ammunition to buy and so forth are all good. Knowing gun safety, gun tactics, cleaning, carrying, etc is all great. But none of it trains you for what do if you discharge your weapon in a self defense encounter. Even if you don't fire your weapon, your adrenaline level is going to be high and all sorts of emotions will be flooding up. This moment, right after a confrontation, is a very emotional and confusing time. Not to mention, the police will be right there... wanting an explanation. It is up to you, to know what to do at a time like this.
 
Over the next few days, I am going to go over some simple things for you to think about and do, to organize yourself in case you are ever in a deadly encounter. The police will want to know a truthful accounting of what happened. The information I am going to give you, is all common sense and hopefully will help you to remain calm when truthfully reiterating the course of events, to the police. As I said in the beginning of this blog, there are some basics. Thanks for reading and I'll see you on the trail.