Talking to Police after a Self Defense Incident

[AKradr]

Don't even do this.

When your lawyer shows up and tells you to STFU, your earlier statement can come back to haunt you -- "well, Mr. Smith, you were willing to talk until you talked to your lawyer, weren't you"

There's a reason the Miranda warning starts out "YOU HAVE THE RIGHT TO REMAIN SILENT."

"ANY THING YOU SAY CAN AND WILL BE USED AGAINST YOU" That's "ANY THING", so just STFU.

Prosecution will most likely not be permitted to bring up during trial that you invoked your 5th in a way that makes you sound guilty for invoking your 5th.

Example: The defendant must be guilty because he refused to talk to police by invoking his 5th amendment right.

 

[gh1950]

Prosecution will most likely not be permitted to bring up during trial that you invoked your 5th in a way that makes you sound guilty for invoking your 5th.

Example: The defendant must be guilty because he refused to talk to police by invoking his 5th amendment right.

It's not that hard.

Prosecution won't be that straightforward.

DA: "So what did you say Mr. Smith?"

Smith" "I told the officer I would discuss it when my lawyer arrived."

DA: "Did your lawyer arrive?"

Smith: "Yes"

DA: "Did you discuss it when your lawyer arrived?"

Smith, "No"


ANY THING YOU SAY CAN AND WILL BE USED AGAINST YOU.

You say it, the prosecution can use it. They can't "comment" on it, but they can use the statement and let others draw their own conclusions.

 

[AKradr]

It's not that hard.

Prosecution won't be that straightforward.

DA: "So what did you say Mr. Smith?"

Smith" "I told the officer I would discuss it when my lawyer arrived."

DA: "Did your lawyer arrive?"

Smith: "Yes"

DA: "Did you discuss it when your lawyer arrived?"

Smith, "No"


ANY THING YOU SAY CAN AND WILL BE USED AGAINST YOU.

You say it, the prosecution can use it. They can't "comment" on it, but they can use the statement and let others draw their own conclusions.

I guess I would have waited for my attorney to object and then wonder why I took the stand in the first place. I would always second guess myself for not taking an active role in my defense from the beginning and wonder if it wasn't partially my fault that I ended up where I am by being a spectator in my case. A hard line view of not participating in your own defense just screams a plea of manslaughter. Besides, even in a clear cut case of self defense I don't believe I would take the stand in the trial anyway. I would rather have my statements entered by the recorded interview with detectives than make statements during trial and expose myself to prosecutions cross examination.

 

[palmettomoon]

Where have we gone so far wrong as a country and people that we (presumably innocent) citizens are posting on a multi page thread about what we should do to protect ourselves from the police and prosecutors?

 

[gh1950]

Where have we gone so far wrong as a country and people that we (presumably innocent) citizens are posting on a multi page thread about what we should do to protect ourselves from the police and prosecutors?

I don't see anything that is "wrong" and I'm not sure we are "protecting" ourselves from the police and prosecutors.

Thankfully we have certain rights under the Constitution of the United States and the Bill of Rights. Thanks (sarcasm smiley) to 250 years of judicial interpretation and construction, how we can exercise those rights is not clearly apparent to the average person. So a discussion before the fact is entirely appropriate, instead of trying of a SHTF moment when you have shot someone in your house, and your kids are screaming, and your spouse is about to have a nervous breakdown, and it's 4 AM and there are a half dozen cops standing around with voice recorders and these days, body cams.

 

[Durango00]

Paranoia is a deadly killer

 

[palmettomoon]

I don't see anything that is "wrong" and I'm not sure we are "protecting" ourselves from the police and prosecutors.

Thankfully we have certain rights under the Constitution of the United States and the Bill of Rights. Thanks (sarcasm smiley) to 250 years of judicial interpretation and construction, how we can exercise those rights is not clearly apparent to the average person. So a discussion before the fact is entirely appropriate, instead of trying of a SHTF moment when you have shot someone in your house, and your kids are screaming, and your spouse is about to have a nervous breakdown, and it's 4 AM and there are a half dozen cops standing around with voice recorders and these days, body cams.

That's a bit Pollyanna to think you'll just get away with shoooting an intruder because you have rights. People are malisciously prosecuted every day in this "free" country.

 

[palmettomoon]

Plus, our present leadership in Washington have clearly demonstrated he fallacy of the Rule of Law and Constitutional Rights.

 

[rockyfatcat]

Prosecution will most likely not be permitted to bring up during trial that you invoked your 5th in a way that makes you sound guilty for invoking your 5th.

Example: The defendant must be guilty because he refused to talk to police by invoking his 5th amendment right.

watch and learn

pay particular attention around 3:50. Hey what's the worst that could happen?

 

[gh1950]

That's a bit Pollyanna to think you'll just get away with shoooting an intruder because you have rights. People are malisciously prosecuted every day in this "free" country.

People are prosecuted maliciously every day. Check on Superior Court Judge Weaver and the local news paper publisher. But it's a very low percentage.

The fact is that there is just too much low hanging fruit. Idiots dealing drugs and stealing stuff and beating up on their women. The cops and prosecutors are just like everyone else - doing a job, and if there is an easy way and a hard way, by and large they are going to take the easy way (just like everyone else). It's too much work to maliciously prosecute someone -- see what happened to Judge Weaver.

All that doesn't mean you shouldn't be prepared if misfortune comes your way, and that includes being knowledgeable about how to act in certain situations.