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Attorney/Lawyer what do people use?

Rick1987

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I always hear that if you found yourself in trouble dont speak to police and talk to a lawyer.

But I actually don't have a attorney, or a number for one.

Does anyone keep a lawyers number on them just in case?

Can anyone recommend a good lawyer or maybe a NES member who is a lawyer?

I did see the thread in MA law about lawyers here on NES but I wasn't sure if it was up to date or if they just handled application cases and whatnot.

I would hate to be sitting in the police station saying I want to speak to my attorney
and they ask well Who is your attorney? Umm I don't know.
 
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Excellent thread idea! I have often pondered this myself, because I wouldn't have a clue about where to start, and that could be VERY SERIOUS should you ever find yourself in that situation you mentioned! That is certainly not the time for thumbing through the yellow pages playing "eenie, meenie, miny, moe!"[hmmm]
 
I keep a few in my phone JIC. Can't hurt I would think considering if there is ever an incident the first thing I am doing is going to a hospital and the second is calling my lawyer and letting them handle any questioning from the police.
 
Yes, you should have a phone number with you.

Just remember the following two statements:
1. Am I free to go?
2. I need to speak with my attorney. (Then shut up!!!)

http://www.youtube.com/watch?v=6wXkI4t7nuc

Doing the research on the spot my be difficult. Be prepared, find an attorney prior to the need.

-Design
 
I've seen Jesse Cohen offering a yearly service where he basically gives you his cell phone # and is on-call for you 24/7. I think I saw it for $100 a year, but don't quote me on that.

And +1 to what groundscrapers said.
 
Just remember the following two statements:
1. Am I free to go?
2. I need to speak with my attorney. (Then shut up!!!)

http://www.youtube.com/watch?v=6wXkI4t7nuc

Doing the research on the spot my be difficult. Be prepared, find an attorney prior to the need.

-Design

How would one go about finding a good attorney for these type of situations? I mean, if you chose incorrectly for a business deal, it could cost you some money, but in this case it could cost you EVERYTHING if you made the wrong choice!
 
I've seen Jesse Cohen offering a yearly service where he basically gives you his cell phone # and is on-call for you 24/7. I think I saw it for $100 a year, but don't quote me on that.

And +1 to what groundscrapers said.

Wow, that seems like kind of an insurance policy. Very clever, I must say, and I suppose a cheap way to keep a lawyer on retainer, so to speak. So, would he not be available with just a regular phone call if you were in need (and didn't have his "retainer plan")?
 
This is relevant to my interests.

I was told if I ever had to use my weapon to call 911 and say you need to go to the hospital. This is to buy you some time so your lawyer can get to you before the cops. Dont know if this is good advice or not.
 
Wow, that seems like kind of an insurance policy. Very clever, I must say, and I suppose a cheap way to keep a lawyer on retainer, so to speak. So, would he not be available with just a regular phone call if you were in need (and didn't have his "retainer plan")?

Regardless of retainer, $$$ talks. If it costs more to have someone come in on the spot then so be it.
 
This is relevant to my interests.

I was told if I ever had to use my weapon to call 911 and say you need to go to the hospital. This is to buy you some time so your lawyer can get to you before the cops. Dont know if this is good advice or not.

When you are in the hospital chances are your gonna be all amped up from the events. They will sedate you. Once your on meds you can't be questioned and if you are its inadmissible.
 
Just to clear things up, if you were to get charged with ANYTHING by the police, you can always refuse to answer questions. There is no legal compulsion at any point to say anything. If it is minor, they will bail you out and you will have to appear in court the next day for your arrignment (sp?)

During this proceeding, the judge will enter a not guilty plea on your behalf and give you a date to appear again. This is assuming you are offered bail. There is plenty of time to get a lawyer. You will probably never "need" to pull a lawyer out of bed in the middle of the night, so a retainer fee would probably be wasted IMO.
 
When you are in the hospital chances are your gonna be all amped up from the events. They will sedate you. Once your on meds you can't be questioned and if you are its inadmissible.

You also cannot be questioned if you exercise you right to remain silent.
 
I have a lawyer who I keep in my speed dial for business reasons. He has access to some of the best lawyers in the city for situations not involving real estate etc. I would call him and trust that he would send the right guy for the job my way.

Until then, I keep my mouth shut and make sure I make a trip to the ER for the reasons mentioned above.
 
I understand not talking to the police, the reason I started this thread was to get a couple good attorney numbers to keep on hand if the need ever came up.

And I was unaware about the hospital thing. That is good advise. What would be the reason to go to the hospital?
 
I have a lawyer in my phone for my business. He has done firearms cases and if the need arised he said to wake him up no matter how small it is. If your in the western Ma area I can give anyone his number.
 
I understand not talking to the police, the reason I started this thread was to get a couple good attorney numbers to keep on hand if the need ever came up.

And I was unaware about the hospital thing. That is good advise. What would be the reason to go to the hospital?

You and many others here would benefit from taking a NRA Personal Protection in the Home (and later when available Personal Protection Outside the Home) course. The legal element of that course goes into detail about this and explains the what you should do, how you should handle it, etc. [Disclaimer: I am one of the instructors in this area who teach this course.]


Jim, unless you know something I don't, and with due respect to those attorneys who used to belong to NES, I see their prime area of expertise as assisting people in obtaining their permits and getting few/no restrictions. I do NOT see any of them as outstanding defense attorneys in the case of a justified self-defense shooting. To me, I see that as a very different skill-set. I had that discussion with another former NES'r (not Keith) who admitted to me that I was correct in this assessment. I only know of one attorney that I would trust to defend my freedom and he's never appeared on NES or any other gun forum that I'm aware of.
 
I understand not talking to the police, the reason I started this thread was to get a couple good attorney numbers to keep on hand if the need ever came up.

And I was unaware about the hospital thing. That is good advise. What would be the reason to go to the hospital?

Feelings of extreme anxiety, shortness of breath, chest pains?
 
When you are in the hospital chances are your gonna be all amped up from the events. They will sedate you. Once your on meds you can't be questioned and if you are its inadmissible.

Ok, what you say makes perfect sense with regard to buying some extra time, but what exactly would you "need" to go to the hospital for (like how could you justify needing to go if you were not injured)? If you had been attacked, then got off a few rounds in true self-defense, then it would be an obvious thing (as well as being more "justified" form a legal standpoint), but what if you are unharmed? I would think the police would scoff at you for wanting to go to the hospital for "no reason". Now assuming they comply with your request because the law says they have to, how do you justify your need to be there to the medical staff when there are actual emergencies that may need attention? I just think that unless you are truly injured, it is advisable to keep your mouth shut until you have an attorney, but the whole hospital trip seems like it would just be wasting everyone's time for no good reason that I can think of. Please enlighten me if I'm missing something here...
 
Ok, what you say makes perfect sense with regard to buying some extra time, but what exactly would you "need" to go to the hospital for (like how could you justify needing to go if you were not injured)? If you had been attacked, then got off a few rounds in true self-defense, then it would be an obvious thing (as well as being more "justified" form a legal standpoint), but what if you are unharmed? I would think the police would scoff at you for wanting to go to the hospital for "no reason". Now assuming they comply with your request because the law says they have to, how do you justify your need to be there to the medical staff when there are actual emergencies that may need attention? I just think that unless you are truly injured, it is advisable to keep your mouth shut until you have an attorney, but the whole hospital trip seems like it would just be wasting everyone's time for no good reason that I can think of. Please enlighten me if I'm missing something here...
If you are having chest pains and shortness of breath, you WILL be taken to the hospital no matter what the police want. This gives you time to compose yourself and mentally prepare to stand your ground and not talk to the police. It probably would also show in a criminal trial how emotionally disturbed you were by having to shoot someone. It would look better than having a guy that felt no empathy for the person he just killed. It is also much better (I imagine) to spend the night in a hospital room vs a cell.

They used to train police officers in the academy to do the same thing after an on duty shooting. Give themselves time to get it together and get a union rep / lawyer inbound before the brass starts breathing down your neck for answers. Whats good for the goose....
 
A good friend was involved in a motor vehicle accident last year in another part of the country. His car was hit by a truck, causing him to hit a pedestrian who later, sadly died. He was exonerated of all charges, thankfully. But...

When LE came over to chat with him he told them he wanted to talk to his attorney first and that was respected. Shortly thereafter a friendly firefighter came over and started chatting him up, and asking WTF happened. My friend's guard was down and he said a few things that ended up in the official record. Things he does not recall saying, and things that made him look bad. The firefighter had an agenda and slipped this by my buddy.

I think there's a natural feeling we have to explain what happened, to explain our side of the story, and make all this go away right then and there. It's part of being human, to set the record straight and end any confusion that might exist over our innocence. Clearly my buddy did not feel that he had done anything wrong at that time, but the DA spent six months deciding if they should press charges or not, leaving him in a living hell. Partly because of what he allegedly said to the firefighter.

It's not just LE you have to worry about in these situations. Speak to NO ONE except your lawyer. Absolutely no one.

Much easier to say "I spoke with no one" than to try and win a "he said she said" argument with LE. You really can't win those arguments...
 
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Jim, unless you know something I don't, and with due respect to those attorneys who used to belong to NES, I see their prime area of expertise as assisting people in obtaining their permits and getting few/no restrictions. I do NOT see any of them as outstanding defense attorneys in the case of a justified self-defense shooting. To me, I see that as a very different skill-set. I had that discussion with another former NES'r (not Keith) who admitted to me that I was correct in this assessment. I only know of one attorney that I would trust to defend my freedom and he's never appeared on NES or any other gun forum that I'm aware of.

True, but any lawyer worth his salt can get you out of police lock up/bailed out rather than stuck in jail until trial on murder charges, and then refer you to another attorney should you be prosecuted.
 
If you are having chest pains and shortness of breath, you WILL be taken to the hospital no matter what the police want. This gives you time to compose yourself and mentally prepare to stand your ground and not talk to the police. It probably would also show in a criminal trial how emotionally disturbed you were by having to shoot someone. It would look better than having a guy that felt no empathy for the person he just killed. It is also much better (I imagine) to spend the night in a hospital room vs a cell.
They used to train police officers in the academy to do the same thing after an on duty shooting. Give themselves time to get it together and get a union rep / lawyer inbound before the brass starts breathing down your neck for answers. Whats good for the goose....

I would never suggest you lie to the police. However, if you've been through some sort of traumatic incident, and there is the remotest possibility that you are not going to be going home to your own bed that night, you're probably going to be mentally upset. Mental stress can manifest itself in all sorts of physical ways: heart palpitations, mental confusion, shortness of breath, nausea, etc. If you have an underlying medical condition like hypertension, bronchitis, or anything similar, the added mental stress could well aggravate that condition. People who are ill don't always make the best legal decisions when they are in distress.

Your first priority should be to your physical well-being. That may well involve several hours in the emergency room, and you'll probably want to notify your family/friends about your hospitalization. If that delays any possible questioning by the authorities until your legal representative arrives that is unfortunate, but unavoidable.

I realize you'll want to cooperate fully with the police, but medical attention comes first. IANAL, and this does not constitute any legal or medical advice. I am only describing what my actions would be in this hypothetical scenario. [smile]
 
. . . but what if you are unharmed? I would think the police would scoff at you for wanting to go to the hospital for "no reason". Now assuming they comply with your request because the law says they have to, how do you justify your need to be there to the medical staff when there are actual emergencies that may need attention? I just think that unless you are truly injured, it is advisable to keep your mouth shut until you have an attorney, but the whole hospital trip seems like it would just be wasting everyone's time for no good reason that I can think of. Please enlighten me if I'm missing something here...

+1. A bogus trip to the ER is a waste of everyone's resources and serves no good purpose. There is no need to "buy time". You just end up losing credibility if you fake a reason to go to the ER. You made the decision to fire. Man the f**** up! If you fired in self defense, let the facts speak for themselves. Just remember and exercise your Miranda rights if you don't like how the questioning is going. You are smart enough to be able to tell.
 
If you are having chest pains and shortness of breath, you WILL be taken to the hospital no matter what the police want. This gives you time to compose yourself and mentally prepare to stand your ground and not talk to the police. It probably would also show in a criminal trial how emotionally disturbed you were by having to shoot someone. It would look better than having a guy that felt no empathy for the person he just killed. It is also much better (I imagine) to spend the night in a hospital room vs a cell.

They used to train police officers in the academy to do the same thing after an on duty shooting. Give themselves time to get it together and get a union rep / lawyer inbound before the brass starts breathing down your neck for answers. Whats good for the goose....

Thank you for explaining, that makes perfect sense, and is most likely not a stretch anyway with how any normal human being might feel after having to take a life.
 
A good friend was involved in a motor vehicle accident last year in another part of the country. His car was hit by a truck, causing him to hit a pedestrian who later, sadly died. He was exonerated of all charges, thankfully. But...

When LE came over to chat with him he told them he wanted to talk to his attorney first and that was respected. Shortly thereafter a friendly firefighter came over and started chatting him up, and asking WTF happened. My friend's guard was down and he said a few things that ended up in the official record. Things he does not recall saying, and things that made him look bad. The firefighter had an agenda and slipped this by my buddy.

I think there's a natural feeling we have to explain what happened, to explain our side of the story, and make all this go away right then and there. It's part of being human, to set the record straight and end any confusion that might exist over our innocence. Clearly my buddy did not feel that he had done anything wrong at that time, but the DA spent six months deciding if they should press charges or not, leaving him in a living hell. Partly because of what he allegedly said to the firefighter.

It's not just LE you have to worry about in these situations. Speak to NO ONE except your lawyer. Absolutely no one.

Much easier to say "I spoke with no one" than to try and win a "he said she said" argument with LE. You really can't win those arguments...

Thank you for sharing this cautionary tale!
 
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