Legal risk???

Discussion in 'Legal & Political Archive' started by Hartebreak, Jan 24, 2013.

  1. Hartebreak

    Hartebreak
    Portland
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    I didnt do a search so bear with me if there are threads out there.

    I often have heard that if I was ever in a situation where I had to draw and fire in self defense that the opposing side's attorney would look for every angle to move blame to my side. Ive heard things like "dont use hand loaded ammo" or, "dont have any Tactical training" and things like that. People have told me that a lawyer could paint a person to look like they have been training or preparing to shoot someone. What are some opinions out there? Would someone who is a competition shooter be more at risk of a lawsuit if they end up shooting someone in SD and the opposing lawyer paints them as a blood-thirsty gun toting professional shooter who was just waiting for a victim?
     
  2. Creeper

    Creeper
    Ravensdale, WA.
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    Your attorney could, if they know what they're doing, shoot down (pardon the pun) any attack offered up by the opposition. See the Armed Citizens' Legal Defense Network for more information on attorneys well versed in protecting your rights. While you're there, take a look at the advisory board members.

    C
     
  3. Stomper

    Stomper
    SCREW YOU SALEM!!
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    Just keep in mind that deadly force is just that... Deadly. Ever hear of a corpse sueing someone? ;)
     
  4. mjbskwim

    mjbskwim
    Salmon,Idaho
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    Basically,anything they say prepared you for shooting someone can be changed to show you were doing it to stop the threat sooner with out collateral damage.
     
  5. deen_ad

    deen_ad
    Vancouver, WA
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    Ever hear of a family member suing for wrongful death?
     
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  6. mortar maggot

    mortar maggot
    western wa
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    If you have to shot someone, things have went bad and it is you or him that is about to die.

    They can sue or thier family can sue and yes it will cost money, but you and your loved ones will be alive, and not dead.
     
  7. fd15k

    fd15k
    Tigard,OR
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    I have no tactical training, but I have plenty of defensive training :D
     
  8. keystir

    keystir
    Hillsboro, OR
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    Classic catch-22!
     
  9. Nwcid

    Nwcid
    Yakima and N of Spokane
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    They can paint a picture that you are crazy for even having a gun........

    There are plenty of shooting situations that don't even make it past a simple investigation. Then others go though whole court hearings.
     
  10. BillB1960

    BillB1960
    Hillsboro
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    I would add to this:

    Make sure the next call you make after 911 is to a self defense lawyer.

    Do not give any statement to the police until you have consulted aforementioned lawyer.
     
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  11. Kevinkris

    Kevinkris
    Aloha
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    as said above ammo type doesnt legally matter but you probably should use store bought ammo. its more reliable and this is when it counts to have reliable ammo. also unless you live in Florida make sure you are shooting in an attempt to escape danger (shooting to kill them in defense does count as escaping danger). also what i would say to the police is: "he made me fear for my life, i shot him. i would like to keep any further statement to myself until i have spoken to a lawyer" then of course follow the orders of the police to keep from incriminating yourself.

    now Florida is a no retreat state, where if such a confrontation begins you can advance and pursue that person and still kill them and be deemed righteous(so long as it was indeed a situation where it would otherwise be deemed righteous).
     
  12. nwdrifter

    nwdrifter
    troutdale oregon
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    The way you shoot I wouldn't worry about hitting anything anyway. Lol
     
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  13. moose

    moose
    northwet coast
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    Say nothing other than 'I am very upset right now, I wish to talk to my attorney'. No matter what the cops say at the time, or how the situation appears, no one is on your side, except for your attorney. Let them speak for you.
     
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  14. mud

    mud
    brush prairie, wa
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    you have the right to remain sighlent anything you say can and will be used against you in a court of law.leos will atempt to get answers out of you "you must tell us what happened""you didnt do anything wrong""you dont have anything to hide""i would have done the same just give a statement""if you dont were gonna have to hold you till you do"and they may hold you" if your not aresting me let me go""what am i being arested for""you havent read me my rights" "you are not under arest you are being detained for questioning" dont fall for it a few hours in jail is nothing to distroying the rest of your life
     
  15. Stomper

    Stomper
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    Ever hear of a counter-suit for allowing their family member to be a D-bag?
     
  16. DeanfromOregon

    DeanfromOregon
    Wilsonville
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    My grandfather was not charged after shooting two in a home invasion of his place. They had picked up a couple of his old guns and were walking aorund with them. After that the family filed a wrongful death lawsuit for their little angel. The only thing that saved my grandfather from a judgement against him was one piece of buckshot from his shotgun lodged in the stock of his old gun the bad guy had picked up. The premise of the wrongful death suit was that my grandfather had planted the gun.

    You cannot countersue in such a situation, and it cost him over $200k in legal fees.
     
  17. joeroket

    joeroket
    Everett,Wa.
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    Let's not forget RCW 9a.16.110 Section 1.

    (1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.
     
  18. rocky3

    rocky3
    oregon coast
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    You Tube has great advice:
    Dont Talk to Police - YouTube
     

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