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Hypothetical in Mass, involves Bourbon

Then there is this case, I would not have done what the home owner did, which was to go outside in the dark leaving the safety and cover of his home, but he was charged, tried, and eventually found not guilty, but you can rest assured he went bankrupt in the process. If you get into deep sh*t Reddington is your guy.


 
I read an article written by a lawyer who advocated for under certain circumstances telling the police only the bare minimum. His justification for it was that it may help you avoid an arrest and has little risk.

1) I was sitting here minding my own business with my wife.
2) Suddenly the door flew open and this man charged me.
3) I feared for my life and the lives of my wife and daughter. I begged him to stop. But unfortunately I had to stop the attack.
4) If you want me to asy anything else, I'll need to have my attorney present.

I'm conflicted on this. I think that some people under some circumstances would benefit from this. Others would not. Are you willing to roll the dice.

One useful thing is to learn anything you can about police interview and interrogation techniques. One of the tactics is to feign empathy (If I was in the same situation I'd have probably done the same thing). I did a bunch of research about 10 years ago on this. Shortly after that a friend was in the midst of a divorce and got into an argument with his wife. She called teh cops. He spoke to them. The first thing he said when I asked him about it was "Boy the cop was so understanding. He said he completely understood my frustration".

If you google: interview and interrogation pdf you will get some good hits.

Here is an excellent place to start.

Check out the Reid Technique!

Way back I attended a one-day police academy training class on the Reid Technique called "Interviewing and Interrogating Techniques" The instructor chose a volunteer, a veteran full-time police officer and applied the technique. He had the officer tied up in knots. I swear that had he continued he could have gotten that officer to swear that he murdered his mother even if his mother was standing next to him in that classroom. It is VERY effective in getting the desired results . . . may not be the truth, but it will get the results that the interrogator desires.
 
I read an article written by a lawyer who advocated for under certain circumstances telling the police only the bare minimum. His justification for it was that it may help you avoid an arrest and has little risk.

1) I was sitting here minding my own business with my wife.
2) Suddenly the door flew open and this man charged me.
3) I feared for my life and the lives of my wife and daughter. I begged him to stop. But unfortunately I had to stop the attack.
4) If you want me to asy anything else, I'll need to have my attorney present.

1) You can not talk your way out of an arrest.

2) If you say ANYTHING that is not 100% true, even by mistake, it WILL be used against you and could result in a tacked on charge of lying to a Police Officer.

3) SHUT UP and LAWYER UP.. "I'm sorry officer, I will have nothing to say until I contact my Attorney and they are present during any questioning. If you'll excuse me I need to make a phone call."
 
not shaking helps the aim doesn't it? [wink]

iu
 
I need to drill that into my skull. Respectfully declining to answer any questions is far better than attempting to assume what the right answer is or getting cute with the truth.
You don't have to act all paranoid.

"I want to cooperate fully, but my Lawyer says to always call him first, so I'm going to follow that advice."

You might have to repeat it....
 
Speaking of attorneys, who here has an attorney they can actually call in the middle of the night, or heck, on 8 pm on Sunday in a situation like this?

If you are USCCA member they have a 24x7 Toll Free line you can call. That should be sufficient enough to get the process started until you can contact your local attorney.
 
The MA courts have held that being under the legal drive BAC limit (.08) is ***NOT*** a defense against a carrying under the influence charge because guns are more dangeous than cars.

Yes, really.

They cannot twist a lawyers words to use against you. For example if you are inaccurate as to time or distance, or make a mistake about how long you were at the gun shop (if using that as an alibi) the police can use the inaccuracy of that statement against you. Not so if your attorney says the same thing on your behalf.

Plus can you thread the needle? Do not act so calm that they claim you had the demeanor of a stone cold killer, but also do not act so agitated that you were out of control? Not be to so consistent in every answer as to appear as if it is a carefully worked out story, but not so inconsistent as to have those differences uses as proof of intentional deception?

Use precise wording "I invoke my right not to answer questions and wish an attorney present", so you are invoking both your 5A rights and the right to counsel. The courts have become increasingly demanding that the subject must affirmatively invoke the right to remain silent, and it is not implicitly invoked by ones actions. If you waive that right, and subsequently invoke it, the point at which you invoke it can be used against you (as in "He exercised his right to remain silent as soon as we asked him if he knew he was carrying a pre-ban mag in his gun'".
"I invoke my right not to answer questions and wish an attorney present"..... I might have this engraved on a dog tag or a wrist band...Yes, because Mass
 
Speaking of attorneys, who here has an attorney they can actually call in the middle of the night, or heck, on 8 pm on Sunday in a situation like this?

USCCA member - toll free number on the card right behind my carry permit.

Wife is a member also, her card is in her wallet with her permit.
 
Based on my experience: grab your fully charged cell phone with a very capable attorney on speed dial and your defensive tool of choice. Deal with matters intruder matters at hand and if arrested STFU.

Remember cops are not your 'buds' and will play mind games, so you never in court for arraignment with your attorney.

Booked around 12AM, asked if I wanted to call a lawyer...YES! The cop says to me, 'you'll never get your lawyer at this time if night, you might want to call in the morning', In the morning I asked for my call, "No time, 6am you're being taken to the courthouse". My phone battery was in the red zone, but fortunately I was able to call a divorce attorney and the rest is history.

I didn't shoot or assault anyone nor did the police witness anything. My soon to be ex played her hand well and the DA's office kept me on the hook for 20 months....$100K lads, put in perspective, worth every penny.
 
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Based on my experience: grab your fully charged cell phone with a very capable attorney on speed dial and your defensive tool of choice. Deal with matters intruder matters at hand and if arrested STFU.

Remember cops are not your 'buds' and will play mind games, so you never in court for arraignment without your attorney.

Booked around 12AM, asked if I wanted to call a lawyer...YES! The cop says to me, 'you'll never get your lawyer at this time if night, you might want to call in the morning', In the morning I asked for my call, "No time, 6am you're being taken to the courthouse". My phone battery was in the red zone, but fortunately I was able to call a divorce attorney and the rest is history.

I didn't shoot or assault anyone nor did the police witness anything. My soon to be ex played her hand well and the DA's office kept me on the hook for 20 months....$100K lads, put in perspective, worth every penny.

The fcking you get for the fcking you got.

Divorced twice, the second one cost me a lot financially; cash, house, truck, bike.

My ex had the temerity to come up to my current wife when we were starting to date and warn her about me; and tell her that no one could make me happy. Friday will be our 17th anniversary, 19 years since we met.

My ex has been through a number of "boyfriends", and one marriage - he committed suicide. Yeah, seriously. Glad I got the fck out - it was worth the money.
 
Which strangely is a way that most Northeast states are actually better than generally more gun friendly southern states.

Yeah, Moving from MA to NC I traded more restrictions on what I bought and owned for more restrictions on where I could carry and what activities I can engage in while carrying.
 
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