Good tips on what to be aware of when dealing with the authorities should you ever have to act in self-defense. This advice applies to all self-defense situations, not just those involving the use of a gun.

-Jeremy Bentham of radio Free Dindustan, concerned with saving your pale ass

(5 Reasons Legal Gun Owners Go To Jail)

U.S. Law Shield - Gun Law Center - President Kirk Evans explains the top 5 reasons he sees legal gun owners being arrested for.

Interestingly enough in the commentary section on the web site this video was posted on we are given an example of “reason number 6" that legal gun owners go to jail: saying the wrong thing to investigators.

Ken

October 30, 2016 at 8:51 am | #

In 1991 I was involved in a fatal shooting incident. I went to jail not for breaking the law but for voicing my opinion to the investigating officer at the scene. Simply put when he asked why I fired the second shot I answered because the guy wasn’t dead yet.

After three weeks in the county jail charges were dropped and I was released. It took six more months to get my legally owned firearm back from the county (they claimed it was lost, then destroyed, then at another location, tons of excuses).

In a nutshell, regardless of if you have an attorney, regardless of the circumstances surrounding the use of your firearm, two things are certain. You will likely be arrested regardless if you are justified, be ready for that. Secondly, DO NOT tell the police anything you have not been instructed by your attorney to say. i.e.: your name, you have been involved in a shooting, and you have nothing else to say without consulting with an attorney. EVEN IF (God help you) it’s a court appointed attorney, be sure to keep your mouth shut until the judge introduces your court appointed attorney. Note that court appointed attorneys ALWAYS want to plea deal even if you are innocent, DO NOT AGREE TO ANY PLEAS! MAKE THEM PROVE GUILT TO A JURY!

Yes, in this case “Ken” said way too much to the investigating police officer. Clearly the investigating police officer got the impression from Ken’s flippant answer to his question that Ken was looking for an excuse to whack someone rather than acting out of a legitimate fear for his life. So don’t joke! There is a very good chance the police detectives interviewing you won’t get or appreciate the joke, and “anything you say can and will be used against you in a court of law”. Believe it! Ken would probably have been better served by saying something like: “ I shot the suspect a second time because he was not yet incapacitated and still posed a threat to my life; after firing the second shot, I saw that he was then incapacitated and no longer posed a threat, so I held my fire”. Keep in mind that the plea of “not guilty by reason of self-defense” is an affirmative defense, meaning that you have already admitted that you used violence against a person, so now it is incumbent upon you to explain why it was necessary and right for you to do so.

As the experts say it is generally smart not to say too much at the scene before getting the advice of a lawyer. Especially since after the incident you are likely to be emotional and agitated, such that you might say something that could be taken the wrong way by the police. Like ole’ Ken here did.

Massad Ayoob recommends his “five step plan” of what to tell the police in the aftermath of a self-defense shooting (likewise these principles can be applied to any other kinds of self-defense incidents).

1. Give a brief explanation to the responding police of what happened: This person tried to kill me. I was forced to shoot him in self-defense.

2. Say “I will sign the complaint”. This is cop talk for saying you will file charges against your attacker(s). Be aware that cops can’t arrest someone for a crime they did not witness being committed themselves UNLESS someone makes a formal criminal complaint. If you don’t, the bad guy might just to get back at you. Also keep in mind that the bad guys and their associates are liable to try to portray the situation as either a “mutual affray", a fight that you provoked, or a criminal assault you perpetrated, and that THEY acted in self-defense. Therefore you want establish right away, and as much as you can, that YOU are the innocent good guy and that the other guys are bad guys who made an unprovoked and completely unlawful, criminal attack against you that forced you to act to keep from being harmed.

3. Name or point out to police the witnesses who will support your side of the story. Preferably do this before they can leave the scene.

4. Describe or point out to police all physical evidence that supports your story before it gets lost. If you saw the bad guys toss away weapons when they saw the cops approach point this out to the cops.

5. Say to the police: “Officer you will have my full cooperation once I have had the opportunity to consult with an attorney. For now I wish to invoke my right to remain silent.” Then SHUT UP! The police may still ask you questions or make smartass remarks (What do you need a lawyer for? Did you do something wrong?) to see if they can get you to say something. They don’t have to respect your right to remain silent, to speak to a lawyer first or to read you your Miranda rights UNTIL you have been formally arrested. So during an informal field interview they can keep asking you questions and any answer you give is a “spontaneous admission”. FYI; unlike in the USA in Canada the cops don’t have to quit asking you questions after arresting you when you ask to speak to a lawyer (AKA “Lawyer up”). An accused person doesn’t have the same rights in other countries that he enjoys in the USA, even democratic countries.

Generally it is a good idea not to leave the scene of the incident before the police arrive, since “flight equals guilt” in the eyes of the law. Fleeing the scene can be portrayed as an admission of guilt for committing a crime by the prosecutor. Nevertheless, if the attack happens on the street it probably won’t be safe to hang around. So get out there and call 911 as soon as you are safe (this is where cell phones are a blessing). Just be sure to explain to the 911 operator/police you fled the scene because remaining there would have placed you in grave danger. As Massad Ayoob advises it is usually a very good idea to have someone secure the “crime scene” so that physical evidence that will prove your innocence doesn’t walk off or get contaminated. This is especially true if you could be on trial for your life because you were forced to kill or grievously wound someone. In third world countries the police often can be indifferent and sloppy about doing this. So be warned

Following these steps can do a lot to prevent the authorities from considering charging you with a crime and thus will save you a ton of money in legal fees, as well as countless other inconveniences and aggravations.