What to Say to Responding Officers with Marc Victor (John’s Briefs) | ASP Extra
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- Опубликовано: 28 сен 2024
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Attitude. Skills. Plan.
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This is an excellent contrast between how a cop looks at things and how a lawyer looks at things.
Yup. Just watched the Ayoob vid. I was shaking my head. He just wants to make his (cops's) job easier. They don't care if you're innocent or guilty, they just want to go home alive.
Massad Ayoob wrong, Marc Victor right.
@@LTVoyager Whether he's correct about Ayoob's character and perspective is arguable. But the fact is Ayoob's advice in this case couldn't be more wrong and is, in actuality, completely indefensible.
@@LTVoyager I will take the advice of defense attorneys who defend folks accused of citizens facing trial for defending themselves over that of Ayoob, who has never practiced law every day of the week and twice on Sunday. Ayoob's advice is based on the farcical notion that the first responders have a say in whether you will be charge or not - and that is, indeed, a most farcical notion. You are overwhelmingly more likely to say something that you will hurt your chances of avoiding charges than you are to say something that will be in the least bit beneficial. It's not complicated. STFU. Call your attorney and let him do the talking on your behalf.
@@chuckschillingvideos Most defense attorneys spend their entire career defending guilty people. Very, very rarely do they encounter someone innocent. They advise people this way because 99% of their clients are guilty of the crime they are arrested for. Unless you're dealing with an attorney whose entire practice involves (in truth) self-defense homicide cases, I would not trust them further than you can throw them.
This is a great lesson that extends to life in general. Keep your trap shut. You always have a opportunity to speak your piece after you’ve had time to think about what you’re saying.
This guy is spitting straight facts. John is sort of seeing every scenario in a perfect world where everyone knows you're innocent but the attorney is right! Anything you say can and WILL be used against you.
Haven't started the video yet but already liked. I'm an AZ resident and have been following Marc and watching/listening to his lectures/videos for several years and been subscribed to John's channel for the last few years, awesome to see you 2 doing something together!
Wow! I have been carrying for a long time, and never had to defend myself with a firearm. This is an eye opening video. Thank you
Marc Victor did an outstanding job explaining the proper response. When I was a new officer I had the opportunity to speak to a local prosecutor and ask him what he would do if involved in a shooting. His response was “there is no way you are going to talk your way out of this and not get cuffed and taken down to the police station regardless of how perfectly justifiable it was. So there is no benefit for you saying anything at the scene. Secondly, anything your attorney says on your behalf can’t be used against you so shut up and let your attorney do all the talking.” As I progressed in my career and got more experience I realized how right he was. So many times I witnessed people giving statements in the heat of the moment and they didn’t realize they were contradicting themselves or the evidence. None of that works to your favor.
Yeah that part about what your attorney says not being able to be held against you is important.
Invoking the right to stay silent & have an attorney, is the highest leverage
This is a GREAT video!!! Awesome work. Those miranda rights are legit. ANYTHING you say CAN and WILL be used AGAINST you. Never says it will be used to help you lol.
Yeah, it's a warning for a reason. :)
For legal reasons, nothing you say can be used to help you in court. It will be used against you, and cannot be used to help you.
Read that again a few more times and let it sink in deep!
@@rosebarnes9625 Yep 100%. Info you shared that may be helpful in court will be considered "hear say" in the court and will be dismissed. If it hurts you...game on. It's crazy.
[Hear Say - Noun - information received from other people that one cannot adequately substantiate; rumor.]
Seen a lot of interrogation footage of guys who think they committed a justified shooting and then talked themselves right into prison. Lawyer first.
Extremely informative 18 minutes, you can tell he has been doing this for awhile. Thank you
Wow, I had not thought of most of that..thank you, sir.
Tremendous advice! Nothing you say will help you but anything you say can and WILL BE USED AGAINST YOU. Keep it zipped.
I think ideally, the situation to be in, is if the immediate evidence that this was Defense of life from immediate harm that the responding officers decide not to press charges and let you go. I've seen that happen several times but you can't count on that so this is a good talk about it. Who were those lawyers that say on repeat? "If a cop wants to question you, shut the f*** up. If they wanna search your vehicle, decline and shut the f*** up. If they want to talk about your day, tell them you're not here to talk about your day and shut the f*** up. Never talk to police."
Police pretend to be your friend like a wolf in sheep's clothing.
John is 100% SPOT-ON, CORRECT!
Another great video! I have seen Marc in a lot of videos, the guy is great!
These videos are great. The legal battle happens as soon as the round leaves the gun.
Before, really. What you did and said prior to the use of force matters, and will make a difference to the investigators and the prosecutors.
Not everybody has an attorney to talk too so they would have to find one.most wont help without money
Thanks for this excellent advice.
Glad to help!
If you are in any doubt as to the correct course of action, just keep rewinding the bit where it is said that if the police find themselves in a legally questionable position they are specifically told/instructed not to say anything until a lawyer turns up.
They're pretty much told universally not to make a statement immediately.
One of the best and most important videos you have uploaded!
This guy sounds responsible.. lol I love you John.
I took a CCW class years ago and the instructor told us a story about a student who was convinced the police would force her to say something no matter what. Turns out she’d been watching too much tv. He followed that up with another story about a man who said he was too distressed to talk, and that was it.
Great advice and video! Keep up the great work!
Thank you! Will do!
'My attorney picks up the phone right now' ..... yeah, right.
'Talk to them after a good night's sleep'.... not likely to have slept that well in a Booking Cell
ACLDN Member here.
Looking for a similar vid for someone trained in martial arts and the injuries to an attacker during a self defense event.
"I feared for my life"... then, "I need to contact my attorney before I answer any questions". That's it PERIOD.
Remember that first sentence is not a magic formula.
I totally agreed with Mas. He seemed reasonable, minimum, middle of the road. It seems absolutely correct. I think I'll need lots of these videos to sway me.
Maybe the best answer is ask the cop "do you think I need to call my lawyer?" If he says yes, then listen to him. If he says no, then you k ow he's out to hang you and say even less.
😂
Also keep in mind that the 911 operator IS NOT required to give Maranda Warnings and everything you say in ON TAPE. The State's Attorney will listen to it and what you say "can be used against you"
Yep.
These are great videos and it’s very awesome that you guys do them for gun owners. Because it is such a touchy subject. I guess best or worst case scenario everybody should put up at least one or two cameras that record with motion outside and inside their house in order to prove the intentions of the perpetrator. But also, they can be used against you if you do something wrong or try to plant evidence. So, don’t do anything stupid if you decide that you want to put these cameras up… Because if there is video evidence of you doing anything out of the ordinary, it will be held against you. As well as, if those video cameras were working the day before and up to or even through the shooting and then mysteriously stop working… Again, evidence against you. Making it look like you purposely unplugged the cameras to hide something.
Which is the awesomely incredible knowledge that these guys are teaching you About absolutely making sure that firing upon an individual is the last case scenario. Basically, make sure it’s you or them, with no question as to the validity of your gun fire.
I’ve got cameras up in my homes and my condo specifically for this purpose. Especially with what is happening in the world right now, and just to make sure that all of my bases are covered if those worst case scenarios were to come up. I will absolutely warn anybody who is not welcome in my home who decides that they are going to enter and threaten me that they will have a very quick 25 to 40 rounds coming at them if they choose to do so. Which is the best thing you can possibly do. Warn them and maybe even take a warning shot to let them know you’re serious. What I have in my homes is one magazine that is loaded with two or three blanks that are just as noisy as the actual ammo, to let them know what could happen to them very soon if they don’t choose to make the right decision. Then every bullet after that is a real one. So they have two or three opportunities to turn around and figure something else out. Which I suggest everybody does. One magazine that has two or three blanks and the rest being actual ammo. Which is a good warning to anybody who is illegally entering your home that they may have come to the wrong location.
So thank you guys for doing these. They are very informative and let people know that it’s not OK if they decide to open fire on somebody who is outside stealing a bicycle from the property. And maybe that is legal in some states, I don’t know. But you better have a very good reason for firing upon and possibly killing that person in front of you.
Sounds like a good way to start a gun fight..
Sad to learn FLP does not have any services in TN. Any other suggestions?
They're on their way.
Awesome and great vid. Great points and yes shutting up is the best thing. I know many offenders that I work with that admit their mouths were a part of their downfall
Would be fantastic if you could provide the card Marc mentions for print.
He provides that card to his clients as a service.
I would like to have seen Mas’ arguments put more specifically to this guy.
ruclips.net/video/Hjm6FRzE35I/видео.html
@@ASPextra cheers
Shut up and lawyer up, be polite, stay firm, say I want to speak to my attorney.
been waiting for this one, thanks!
Always always always go with what a lawyer says over what non lawyer experts say.
The light could have been yellow?
"Words are like bullets. Once you shoot 'em off, you can't get 'em back."
- Sergeant Richard Aztlan, Chicago Police Department (now retired)
It did come out in the Rittenhouse trial; how do we find a good attorney?
It seems mas’s five points come from what he as a policeman would see as an innocent man. Respect, cooperation, helpfulness, and understanding are in those five points.
However, hearing this stuff from a lawyer, I can hardly fault the disagreement between them.
1:00 2:30 3:15 4:30 squishy 6:00 7:45 8:30 loggaria 12:30 14:45 3 phases fight 15:30
Stay shut up, and have your attorney as your main spokesperson
When you said what you don't say can't be held against you actually your silence can be held against you that's why you take the right to the fifth but you must physically say you are taking the fifth. And remember police will play head games if you take the fifth. Like why do you need a lawyer and taking the fifth are you guilty of something? If the police do ask you a question or speak to you after taking the fifth and you asking for an attorney they just violated your rights. Once you take the fifth and request an attorney the police must immediately shut down. Once you are questioned stay away from absolutes, an absolute is a question like, do you smoke? If you say no but then two hours later say you had a cigarette, that can ruin your credibility even if you say you smoke when your nervous. That isn't not smoking. That is an absolute question. Another absolute is, do you always drive the speed limit? If you say yes but then later say you were on a street with railroad tracks and on that street you always go a little over the speed limit so you don't get stopped by a train, this absolute can ruin your credibility.
A positive invocation is important.
i appreciate the fact that he mentioned that the shooting might not be good. Alot of these self defense case are murder and on gun channels they pretend like they arent.
Mmk so I'm paying lawyers because I need to be able to shoot somebody in self defense without legal ramifications. Let's assume everything is in my favor and the bad guy came and did things that reasonably get them shot and I shot them. Do I get money from the bad guy to compensate me for my confiscated gun, expended ammo, lawyer fees, stress, time, etc? Is that a separate case for civil court?
If I don't get compensated, what's my motivation to follow a system that forces me to play the victim even if I end the threat? The bad guy takes something from me either way and I can't change anything about that???
So what happens if you call your lawyer and the cops are standing right there listening. Can they use what they hear. Like if you admit to you lawyer.
Yes they can. Nothing you say in the presence of an officer is privileged.
I'm not a lawyer.
I might have misunderstood you.
Are you saying you can talk to your lawyer in the presence of other people (LEO and non) and still have what you say be protected by attorney-client privilege?
I understood that attorney-client privilege only applies if there is a reasonable expectation of privacy. I understood this excludes jailhouse phones and any part of a police car, and any time where people not professionally involved in your legal defense are within earshot.
Great video, though. I would be very grateful if you could clarify.
When talking to your lawyer it's reasonable to expect privacy and ask for the ability to sit or stand in a private place. They may not grant it, but you can ask.
Thank you for the reply.
I see. It sounds like the first thing you should clarify with the lawyer on the phone is if this particular conversation is privileged, before you think of saying anything else.
Yeah, not a bad idea to mention whether others are present.
NEVER USE SOMEONE ELSE'S PHONE TO HAVE A PRIVLAGED DISCUSSION!!!!! I can not stress that enough.
Great video great information
Thanks!
Game! That’s fun
John, great videos, just a question Marc mentioned that he has a script on the ack of his cards. what is the script? as I have looked on his website and cannot find it. Thanks John
He gives it to his clients. :)
@Attorneys For Freedom That sounds like a grumpy way to say it even if you do want to refuse. And something a "regular" criminal should say, not an innocent victim. Ayoob and USCCA give different advice that this guy gives.
Amen!
This is. . confusing. Most people do not have, nor can afford OR expect to have a self defense attorney on retainer. What then? I go to jail and wait for a Public Defender? I do, however agree with the " Just shut up" strategy.
Or, you could get a rookie Cop that doesn't have enough experience, when someone asks for an attorney....
Just like USCCA, NOT available in New Jersey.
Unfortunately that's a NJ problem. Take it up with your legislature.
What is printed on the back of Marks card?
If the police over here what you say to your attorney cannot be used against you
Witnesses process information differently, 10 witnesses = 10 different views. If you say anything you say the truth you were scared for your safety then shut up. They can hold you without charge for a couple days, so expect to be held. Your words can't change evidence, it will speak for itself. You can't change words, a mispoken word that can be interpreted/spun multiple ways can can get you life in prison. Let your lawyer do the talking.
NEVER TALK TO THE POLICE .
ESPECIALLY CHICAGO POLICE !
- A Chicago police officer .
the real question is how do you call 911 without saying anything
There was a shooting at (insert address) then stfu and hang up
John, good follow up with this gentleman....
Thanks!
John what you didn't cover or discuss is how this situation should play out for family members. Are they encouraged to make a statement?
Good thoughts, they're likely fellow victims or at least witnesses.
This would be great to hear about in another sit down with a lawyer. How to coach or advise your family members on what to say/don't say if ever they were involved in the situation as well.
Yeah I will sit down with Marc again or Terry again and ask that question.
Awesome, I look forward to that video! I think these videos are extremely helpful and informative, I really appreciate you created them.
How much is the services and is it avail in Ohio?
Who do you recommend as an attorney on retainer in the Phoenix area? Do you just call them and tell them you'd like to have them on retainer? If we choose a different type of self defense membership (say CCW safe) do you have to ask if they are in network?
I recommend a membership with Firearms Legal Protection.
Remember: you have the right to remain 'Innocent' ! Invoke your 5th amd. privileges, speaking to police cannot possibly help you.
Hey you know @activeselfprotection it's great to get this content but it would be good to have detail on less clearly deadly threats as this kind of thing is happening more and more with various domestic terror groups trying to perpetrate injustices. For instance someone deliberately pushes into you and pretends to be the victim... How can you lawfully protect and also respond to officers when how you respond could mean the difference between going home or getting charged.
The legal principles of the use of force are covered on the channel all the time.
Anything you say can and will be used against you at trial but anything your attorney says is hearsay at trial.
This is excellent but what I want to know is, what do people say to the police if they were forced to defend themself but it was not a lethal threat? I.e. you were backed into a corner by a single assailant who was unarmed but he was threatening you and you had to throw punches or use your spicy treat dispenser to get out unharmed. You didn't shoot the guy or use lethal force to defend yourself, but you did use non-lethal force to defend yourself. What do you say then?
Probably the same.
Hey John, I know you this video is sponsored by firearms legal protection, but I wanted to know who you have for carry insurance and if you would recommend any other companies? I have done some research but would really like your opinion on the top 3 that you would actually use that are qualified and reputable?? Love the videos...great info, big fan, I get notifications and watch all of your videos...even had an incident about 3 months back when I was attacked by a woman that worked at a Uhaul when I returned the truck and I had I was openly carrying that day (not common for me) cause I was moving to a new home and moving furniture...I never touched my gun during the altercation, actually never dropped the items I had in both my hands...the woman that attacked me said I grabbed my gun and said “I will Kill you” in the police report which was 100% false and just totally made up by the perp. I am the one that called the cops.I didn’t say anything to her at all during or after the altercation to threaten her in anyway...I did say “get the fu** away from me.” I ended up dropping the charges after seeing the police report just cause I didn’t want to deal with the headache of possibly going to court and having to hire a lawyer...longer story, but that’s the short version. Love for your advice on the carry insurance info! THANKS FOR ALL YOU DO!! God Bless.
I use FLP. Also check out Armed Citizen Legal Defense Network, USCCA.
I use FLP for my personal coverage. I am very picky about who I will let sponsor and partner with this channel and I only partner with people I use in my personal life and I find great value in the product and the people behind them.
Active Self Protection Extra Great! John, myself and thousands of others truly appreciate all your knowledge and information you communicate to others in a top notch manner. I have been reviewing the actual contract for a couple carry insurance companies...FLP seems to be a great option and though not insurance serves a similar and in many ways better service. I am strongly considering going forward with them (FLP) Thanks for the reply and please keep putting out your videos, you no doubt have saved lives in more way than one. Thanks!!
@@ASPextra are there any you wouldn’t recommend? I’ve had CCW safe for a while, and lucky enough to not have to call.
In a nutshell......LAWYER!!!!
Great video
Why didn't John already know about not talking to police?
Uh, Mas has been through more cases as a SME than any ten of us will ever even read through the script in a lifetime.
Because he doesn't have real experience and just repeats things that he hears. He thinks that he will just be able to pick up his cell phone and call his attorney. In a real shooting situation, you will likely be detained with your belongings seized as property/evidence. You'll be able to make a call but it will probably be from the jail cell, not your cell phone.
I studied the criminal justice system for four years at a university and have a criminology degree. I am by no means an expert but I think I have seen more cases than many. Do NOT talk to the police. Even if you think you are innocent. There have been numerous cases where people believed their words could not hurt them because they were innocent, and they entrapped themselves. Don't be that guy. The police can also lie to you. There is nothing saying they can't. Don't let them scare or trick you. Get a lawyer.
One thing most people don't understand is right in your Miranda warning. Anything you say can be used against you. It cannot be used for you. An officer is not obliged to testify if what he testifies will actually help the defendants case.
Wrong, everything the police finds out has to be turned over to the defense during discovery. This includes exculpatory evidence.
@@trex5878 Yes, and if directly asked, they can't lie about what you said or did not say. That would be perjury.
Question,what if you point out your neighbor that may have witnessed a criminal kicking in your door to forcefully enter your house and said neighbor tells the police that they will swear on a stack of Bibles that you are lying,that he/she heard a gunshot but did not see anyone kicking in your door and forcing their way into your house because,you know,maybe the neighbor is a chicken-shit and also happens to dislike the fact that you own a gun and doesn't want to get involved so said neighbor swears that he/she heard a gunshot but saw nothing,what then?Keep in mind that neither the police nor the court can force/compel anyone to testify.Sure,people can be forced to present themselves at court but people cannot be forced to give witness testimony if they do not want to get involved no matter how many times the people are dragged to court.
What if i get on the phone with my attorney before the cops show up can they pull me off of the phone
Yes they can.
Hopefully the attorney is already en route to your location.
What is the cost, I am on strict budget?
John you're also a really good active listener.
This may sound stupid but what if you don’t have a lawyer?
Better get some legal coverage!
“You may or may not want that (evidence) even preserved.”
Annnnd there it is. Even if you murdered someone in cold blood, you can always depend on a defense attorney to try to get you out of it.
That’s actually their job.
Yes, but here we're assuming we'd be an innocent victim, not a murderer. This attorney's advice seems more geared to real criminals, not innocent victims who acted only in self defense. He describes himself as a criminal defense attorney. Some attorneys are self defense experts, and the ones I've heard and read differ with his advice (as does USCCA).
In regards to privileged communications. The cops aren't going to want to let someone get so much space they can run off or something so they are going to be potentially close. So watch how loud you talk. Second, if they say "Sure, you can hop in my squad car and call your attorney. Take your time." You get in the car, make the call and the entire thing is recorded on dashcam. Or there are people around and even though you are not near the police, some bystander records your conversation. Find actual privacy.
Not a super clear consensus among all of these experts...
Leaves one a little confuzled still...
I think that's instructive. You gotta think through their positions and then come up with a plan for yourself.
@@ASPextra I can agree with that! (I'm with Ayoob's and USCCA's advice, btw, and yours at the beginning of the video.)
So if they ask my wife or my child what happened... What should they say?
They should say the same exact thing. " I am invoking my right to counsel" and not another peep.
It's important to have a talk before hand so that everyone knows what to do and what is expected. Like in gambling.... It's hard to think while in a casino.... there is too much stimulus...once the adrenaline is going... you just have to stick to the plan.
Nick they should remain silent. They should have nor the request I would tell them to turn their back on the officer and walk away without making one sound
@@bffoxjr If you were justified in using deadly force, why would their testimony be "against" you?
@@Mn09lfV6f Call me crazy, but as a juror I would find that information very suspicious.
Police officers are there to build a case against you. Why help them do that. Letting the attorney do the talking sounds like the safest way to communicate your defense after the act of self defense.
There used to be a blog in the UK written by a serving police officer who used the name Nightjack.
He detailed very similar advice to that given by Marc Victor and stated that should anyone be thinking "I've done nothing wrong", asked the question about how many laws there are (thousands). Are you really sure if you start talking to the police that there won't be one infraction you're guilty of...?
It's important to note that if you talk to your attorney in a public place - the DA can have those witnesses testify as to what you said on the phone. SO, if you talk to your attorney, it needs to be in a place where others can't hear what you say.
Ok, but that should be dismissable as being hearsay then right?
@@aarons7975 no, that is not what hearsay is.
Hearsay is a statement from someone that is not in the courtroom, it's like a rumor.
The defendant, would be in the courtroom and anyone who heard what the defendant said first-hand can bear witness to the conversation and what they told the attorney. This does not constitute as hearsay.
Hearsay is like a rumor, so if you're in court testifying against the defendant and your testimony starts with the words "Johnny told me that the defendant said x." That was from someone else's account, not yours, and that is hearsay.
If you actually heard the defendant say something in person, that is admissable and you can bear witness to that in court.
It's the same exact thing as if you saw someone climb in a window at a burglary. You can bear witness to what they looked like etc.
@@ethan.... interesting
Never talk to the police.
PERIOD
I agree 100% with what the lawyer. Police do make mistakes when reporting and recording information. Several years ago I was involved in a traffic accident, two police officers examined my jeep and told me, didn’t ask me, but told me I wasn’t wearing a seatbelt. When I told him that I always wear my seatbelt they pretty much called me a liar. When I tried to notify the other person‘s insurance I found out that the officer had completely flubbed it up, and it was up to me to straighten it out. They had written down the wrong insurance company, the wrong policy number, everything!
IMO that kind of thing is worth a formal complaint and a call to local media. I know it's a hassle when you're all ready dealing with insurance, but if we don't consistently hold them accountable the quality of policing will continue to be low.
@Red Neck Yet the words of police officers in the courts are always taken as law without question even when police officers are lying,right?
@@nelsonechevarria7009 not necessarily.
But if you flib up the facts or story they got YOU. funny how that works.
Agree everything you say to your attorney is privileged (With limited exceptions)with one important caveat - do not speak to your attorney in the presence of a third-party i.e. the cops. If you are on the phone make sure the LEO cannot overhear you talking to your attorney. Everything you say in the presence of a police officer investigating a crime is admissible into evidence.
Negative! That point was covered in this video.
@@steveonrock But would they use what you said to try to gain evidence against you? Not legal but if they hear it they may use it without disclosing the fact that they heard it.
@@phillhuddleston9445 I think it's because he said the police are required to give you "space" (e.g. go off to another room unheard) to talk with your attorney
@@ErrantChordier Good luck with that one because I seriously doubt the police are going to give anybody any kind of "space".Even at police stations what people say is always recorded.What the police do is not always in line with what the police must do/should do.If you are ever unfortunate enough to be taken by police to the police station and placed in an interrogation room always keep in mind that the fact that you may be left alone in a police station interrogation room is no guarantee that what you say even if just thinking aloud will not be recorded.
I'm so glad you put Ayoob's recommendations up to a head-on challenge since he is so well known for his good advice! Mr Victor's advice seems great as well. I like the simplicity of Mr. Victor's advice, but I also really like Mr. Ayoob's thinking that you might be the only one at the scene able to point out key details while they are fresh (look under that bush for his knife!).
Mr Victor summed it up well by saying it is hard to have a blanket statement that applies to every situation...but then asserted that not talking is always correct :)
Hearing both in contrast was a great way to get me thinking critically. Thanks for the education!!
Well said. But I'm going with Mas Ayoob's advice. To not state you were the victim or point out evidence isn't logical and, rightly or wrongly, makes one "appear" guilty in many people's eyes. (Prosecutor: "Is it true you mentioned NOTHING about.... when LE arrived?" etc.) As a juror, I'd find that strange. Granted, you shouldn't say much. Mas is a true self-defense expert and has testified successfully in many self-defense court cases. Even my USCCA self-defense insurance card says to state you were attacked, feared for your life, and had to defend yourself, and to point out witnesses and evidence. Then request medical assistance if you need it, and state you will cooperate fully after you speak with your attorney.
I've attended several gun law seminars that had self defense attorneys speaking, and they gave the same advice as Ayoob. So did my local firearm course instructor.
This attorney just doesn't ring my chimes, but that may just be me. Isn't he the one who was confused and thought, or certainly implied that he thought, the right to carry meant it was okay to brandish or threaten the victim in one of the early videos? "Criminal defense" expert does not necessarily equate to "Self-defense" expert. (One of my children is an attorney, btw.) In general, criminal clients aren't there because they were involved in a self-defense scenario; they were caught committing a crime and probably shouldn't say a word. I mean no disrespect and don't doubt he's a fine criminal defense attorney, as he described himself in this video.
I'm glad to see John debate sometimes in these "John's Briefs" videos, as when John was advocating for carrying with a round in the chamber and the attorney was advising not to do that. The self defense attorneys that I've heard speak all said they carry with a round chambered, btw, as does my child who is an attorney. Yes, I know legal opinions can differ; I just often don't agree with his.
abc No way, dude. Never talk to the police, I’ve NEVER heard any attorney say it’s ok to talk to a cop right after an incident happened. DO NOT TALK TO THE POLICE. They are not your friends. In your 911 call you would have said something like “someone broke into my house and I discharged my firearm” for example. That’s enough. Let them handcuff you and take you in, an arrest is not a charge.
@@c0mputer An 'arrest' is part of your record until you die. Anyone requesting a background check on you (i.e. applying for a job) will see that 'arrest'. Whether you are charged or booked or anything after the fact... the 'arrest' will remain. That alone will provide you with lots of issues down the road.
@@abc-wv4in Me too. ACLDN member!!!!!!!
Cops are professionals at interviews they have done it hundreds of times as most of us are a complete novice. So u are so outmatched u need your own professional because we don’t know all the pitfalls/traps... FYI
Cops are allowed to lie & you aren't, 1 lie or mispoken word that can be spun can bury you. Expect to sit in jail for up to 48 hours without charge.
@@kasimjarkai7807 Actually there are several laws that can be put against you for lying to the police. You just decided to be lazy and lie out your ass instead of searching for something that would taken 5 seconds to google.
www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/lie-police-friend.htm
Cops are not expert interviewers, however prosecutors are experts at twisting words. But they can't twist words you didn't speak.
One word...... LAWYER!
What about when it's non lethal, you're the victim, the perp is blabbing so the cop is under pressure to respond to their (lying) complaint, and the cop just wants something from you at the scene so they can understand what happened and decide whether to charge or arrest someone?
I was assaulted at my job and the biggest mistake I made was go to the police... the officer kept implying that I was at fault even after I constantly corrected him and restated myself... in mediation they kept putting the blame on me because the officer wrote what he wanted to. Case was dismissed with no punishment towards my co-worker. The only good thing is my job did let him go.
A lot of police will do that to victims of sexual assault and rape as well. Unfortunately humans have to police themselves, and sometimes a cop is unfit and shouldn't have the job. Sometimes they're actually criminals that wear a badge because someone was dumb enough to allow them to. They're human and humans are a wide variety of things. I do think that allowing every officer the ability to arrest someone in a felony offense js something that should be reviewed. Detain, yes, formally charge with a crime, that should be changed in my opinion.
A prosecutors job is to prosecute, it isn't to determine if someone committed a crime or not, that should fall to a court, but it doesn't, it falls to the police officer that showed up. A judge should make that call, and that's what is supposed to happen at an initial bail review, but that's not what happens there either. Many times a commissioner or magistrate won't ever consider dismissing charges and letting someone go, but that technically is part of the process, or at least is supposed to be, though most of them only feel like they should decide if the person gets a bail or stays in jail with no bail until a second review, so they automatically feel like it's not their job to dismiss a case. When in fact that is part of their job.
This is almost the same thing my cousin told me who is an Attorney. The cops only need to hear one word, "You will speak with my Lawyer. I am remaining silent as is my right." Then let them cuff you and take you to the station for processing. DO NOT TALK WITH ANYONE OTHER THAN YOUR LAWYER AND OBEY THEIR ADVICE!
I like your advice. People think that the goal is not to be arrested, cuffed and taken to jail. Nothing you say will stop that from happening. The fight is in court for your innocence NOT to avoid going to jail.
"I dont answer questions without my attorney, I dont consent to any searches or seizures, I am enacting my right to stay silent". Then shut your mouth. Done.
There it is
So . . . that's one of the *hidden costs* of being a a firearms owner / carrier. Having an attorney on retainer *CONSTANTLY* . . . *BEFORE* any life threatening situation happens to you. Once it happens and you *don't* have a lawyer in your "corner" ??? . . . i wouldn't want to be in that position to say the least.
Yep.
Thunder Ranch, cadre: Clint Smith advises CCW-gun owners to clearly state they are the victim & want to press charges/ID the attacker-attackers at the scene. It helps establish you as the victim or defender.
I'd add it's a + that this AZ atty brings up how sworn LE may lie or distort things at the scene. I'd add that 911-dispatch centers are TRAINED to keep a CCW user/shooter talking. They want to have a "spontaneous remark".
My experience has been they already have set in their mind when they arrive who is the "perp" and who is the "victim" and nothing you say will change thier mind... you may be able to cement what they thought (either way) but if they arrive thinking you are the "perp" you will never change that by talking....
John, another great interview! As I have said elsewhere, firearms are perhaps the 2nd most politicized aspect of American life. The "life after defensive force" for the rest of your life really depends upon the jurisdiction and the politics of firearms (e.g. District Attorney's future campaigns, U.S. Attorney's future political aspirations). Great advise. I, too, carry several participating attorneys' phone numbers, and the 800 number for my firearm defensive risk financing (e.g. insurance). Keep up the great work.
USCCA member here
Ditto. Can't put a price on peace of mind.
Me too.
Me too.
Are you able to tell how much they pay out per year? How many cases are won vs lost? How can you tell?
Your attorney can say things to authorities that YOU cannot. They are “members of the Court.” You are not.
“I will respectfully REFUSE to speak to you. I want my attorney.”
Say nothing more. There is ENORMOUS TEMPTATION to be verbose. This is an entirely normal behavioral phenomenon.
Take some deep breaths. Control your breathing. Accept the handcuffs. Be prepared to be pushed into the squad car. Concentrate on relaxing. SAY NOTHING.
Everything you say will be held against you. I mean everything.
Sanjosemike (no longer in CA)
So say your with your spouse or family and they were there for the entire event, should they keep their mouth shut as well or should they cooperate as a "witness" and explain what they seen from their point of view?
I'm surprised you haven't gotten a response/answer yet. It's been a year!
I'd like to see a good answer for this as well. I would think they shouldn't say anything either, although I'm not sure if there are any legal pitfalls or requirements with them being witnesses.
Anyone at the scene is a potential suspect and therefore entitled to exercise their 5th Amendment rights. That may change over time, but at the scene anyone who cares about you will keep their mouths shut until counsel is obtained.
None say anything and that shd be discussed with family before an incident. At a family meeting. If x ever happens do not speak to the police. We will speak to attorney first
No.
They also request an attorney.
Great information!
Hadn’t though this deep about the after fight.
Thinks for the tips