After The Shooting Stops

There's story after story concerning law abiding citizens being harassed by police after defending themselves with a firearm. The one thing most recommended is for you to NEVER describe the events that led to a shooting until you've retained council. Even then, let the lawyer do the work. Your local Yellow Pages can help you find a gun-friendly attorney who specializes in self-defense cases, and it's a smart move to have one selected or on retainer beforehand. Keep his (the vast majority of such professionals are men) business card in your wallet and make it the first call they'll allow. Be as calm and collected as human possible. This is going to be a confusing, horrendous time for you, and the wrong word to the wrong cop can ruin your life. The following is advice from an attorney, and here's the link to the website.

DON'T CONFESS

"The police are very good at getting confessions. That's the easiest way for them to wrap up a case.

Even if they use deceptive methods to get a confession, like telling you things will go easier, or that a co-defendant has implicated you, this may be considered good police work, and a judge may allow the D.A. use your statement against you.

If you have a lawyer before you get arrested, s/he can find out if the police want to question you as a witness or a suspect.

If you're a suspect, your lawyer can tell the police that s/he doesn't want you questioned. If they question you after that, they won't be able to use your statements against you, unless they can prove that you blurted out a confession without being asked any questions.

If you're arrested and don't have a lawyer, don't answer any questions or make any statements about your case to the police or the D.A. Don't allow yourself to be video-taped. Whether they read you your rights or not, tell them you want to speak to a lawyer. Don't think you can outsmart the police.

Your silence can't be used against you, but it's very hard to defend you if you've made a confession (or admission). Even telling the police that you were at the scene of the crime but didn't do anything is an admission to an element of the crime.

If you're in jail, be careful what you say about your case to other inmates. You never know when one of them will try to work out his/her own problem by becoming a witness against you.

SOME OTHER DON'TS

Don't consent to a search of your person, home, or car.

Don't consent to be in a line-up or show-up.

This doesn't mean you should physically resist, just that you should object and tell the police you want a lawyer.

Don't resist arrest or become verbally abusive to the police or you might find yourself charged with additional crimes, and possibly injured in the arrest process.

LINE-UPS

If the police intend to put you in a line-up, ask to have a lawyer there. S/he can determine if they have the right to do so, and if they don't, s/he can protect you.

If they do have the right to put you in the line-up, s/he can monitor the procedure to make sure it's done fairly.

If the persons placed in the line-up with you don't resemble you, s/he can ask the police to find better fillers. If they won't find better fillers, s/he can make notes of the differences in appearance between you and the fillers, to help you later when the D.A. tries to use the line-up identification against you.

The police usually take a black & white Polaroid picture of the line-up that doesn't clearly show the differences between you and the fillers.

If you didn't have a lawyer at the line-up, this photo and the police testimony will often be the only evidence a judge will have, to determine if the line-up was fair.

Your lawyer can help you decide the best place to sit and number to hold to minimize the chance of being picked out. S/he can make sure the police don't do anything improper, like suggesting in some way that the witness pick you out.

Having a lawyer at this early stage can be very helpful. If you're not picked out of the line-up in the first place, your case might be over before it begins, and you'll save yourself a great deal of hassle and money.

Identification cases are the most difficult to defend. Even though identification testimony is the least accurate, it's the most believed by jurors."

This is generic information, and it'd be a good idea to bone up on your local laws, but always remember to clam up and let the professional mouthpiece do the talking.