Lets say I get attacked and I defend myself using the appropriate amount of force. Even though I’m safe from the attacker, I call the police in order to have him arrested for his crime. When the police arrive, they see that the attacker in on the floor and badly injured, and that I have no injuries.
Should I explain to the cops what happened, or should I remain silent and wait for a lawyer?
Based on the the Self-defense classes I have taken I would suggest the following.
In the exceedingly unlikely event that you find yourself in this situation you will have had a massive adrenalin dump, your mind will not be clear and your statements may not be those you intend to make.
It would be in your best interests in saying “Oh thank goodness you are here, i was in fear of my life and I am very shaken up, I will fully co-operate with the investigation but due to the gravity of the situation I would like to have a lawyer present.”
I am not a lawyer so take this advice for what is is worth…which is not much.
But if this is seriously a concern for you I would recommend taking a class in your local area, they tend to explain these issues well.
ALWAYS have a lawyer present when talking to the police about an incident that involves you.
NEVER speak with the police without a lawyer present about an incident that involves you.
Stay apologetically silent and explain that you feel more comfortable having a lawyer present in a stressful situation such as this so that you can clearly understand the questions and give accurate answers.
You cannot be denied legal representation, either pre-arrest or post-arrest.
I am not a lawyer, and I not your lawyer… yada yada yada
In a real life situation I think that if you refused to talk to the police they would likely detain you and then take you down to the police department for questioning (presumably with your lawyer present) since there’s no way for them to know what really happened.
They see a severly injured person on the ground and you don’t have a scratch on you. If there are no other witnesses it becomes an issue of you hurting someone else unless you claim it was self defense.
Could you possibly explain the situation such that you don’t get hauled in for questioning? Hard to say…
My freind the Judge, and the ACLU all say the same thing- when questioned* by the police, STFU but say only two things “I want to speak to my/a attorney. Am I free to go?”.
ianal
The problem is a lawyer is gonna cost you money. And as another poster noted, you can be thrown in a lock up with some pretty tough characters.
I would agree saying always have a lawyer present, but in reality, that may not be in your best interests, depending on the situation. In the OP scenario, I would definitely want a lawyer.
Don’t speak to the police without a lawyer. If you absolutely feel you must say something (which you shouldn’t) just mention that he broke into your house or tried to attack you. Do not actually tell the police you defended yourself or tell them how you responded to the attack. Don’t speak to the police without a lawyer. And remember never, ever, shoot anybody with a gun unless you intend to kill (not wound) them. Always aim for the center of mass (ie the chest) or the head. Don’t speak to the police without a lawyer.
It’ll cost you less money now than it will if you accidently say something useful enough for the DA to indict you. And a few hours in lockup is alot better than months or years in a real prison.
A murder trial will cost a lot more, and many qualify for a Public Defender.
True, but being locked up overnite is not as scary as being locked up for 5- 20 years.
As mentioned do not talk to the police at all if you are a suspect or may be a suspect in a crime.
Get an attorney and STFU till your attorney gets there. Be polite, tell the police your name and if they start asking you question tell them you’d feel more comfortable with your attorney present and that you do not want to say anything else till then.
Don’t believe me? How about a defense attorney and a police investigator who give exactly this advice:
Those two videos total about 45 minutes but are very enlightening. It is amazing how you can get yourself into trouble with even the most seemingly innocuous statements.
Download this card (PDF), print it up and keep it with you. This is the ACLU’s “Know Your Rights” card (or whatever they call it but that is what it is). Handy reference.
Generally it is best not to talk to police even if you are stone innocent of anything. They can conjure up weapons charges and all sorts of things you never suspected. In the given case, you may raise some doubt by completely clamming up. I suggest hanging on the mantra, “I was in fear for my life.” Just keep repeating that in various words until they are blocking their ears not to hear it again. Always seek representation in any situation that involves criminal activity on either side.
In which jurisdiction? In some (like the UK), your silence can be held against you in court. That is, if you refuse to explain the situation to the police, and later find yourself in court accused of a crime, the jury is free to infer that any subsequent explanation of yours is a fabrication.
Others have already said it but it really can’t be stressed enough. Never talk to the police without a lawyer being present. You may be as pure as the driven snow, as innocent as a new-born babe, it matters not a jot. You do not talk to the police without a lawyer.
There are a few different scenarios but in all of them you have explained enough during your phone call to establish your side of the story and after that you need to rely on the assistance of legal counsel. Keep in mind “don’t talk to the police” has a few minor exceptions, for example you should probably answer correctly and truthfully their basic questions such as “what’s your name” and things of that nature. There have actually been cases in which people refused to communicate with police at all and they actually ultimately were found to be in the wrong in court. The police can’t ask you to explain what happened but they can ask for basic information such as your name.
For that matter keep in mind the 911 call is evidence. Be careful with what you say. I would probably keep my call to 911 to “I have been attacked and I had to use self defense, the attacker is injured and needs medical attention.” Don’t say much more about the particulars on the phone, however you do need to answer any medical questions they might ask on the phone such as "is the person conscious? are they breathing? etc.
Don’t ever say ANYTHING to the police concerning yourself. They will use and twist everything you say against you no matter how inoccent sounding. Their job is to arrest people and help the DA get convictions. ALWAYS take the 5th and in a situation that could be considered a felony DON"T SAY ANYTHING UNLESS YOU HAVE AN ATTORNEY.
I also think that in the OP’s scenario it is very important if you were to call 911 you would stress “the attacker needs medical attention.” Make it obvious you are calling to report that you had to use self defense on someone and that the person is injured and needs help. It is not ideal for your 911 call to portray you as someone who is primarily calling to make sure the guy gets arrested. That’s just my opinion as to how I’d want to do things if I was in such a situation…
My uncle was told by an officer that the magic words are, “I was in fear for my life and I’d like to speak to a lawyer.” Then STFU.
Sorry, but it’s not so clear-cut. Not every jurisdiction recognizes a right to silence.
I’ve got a practical question: since I’ve never been in such a situation, my acquaintance with good (or any) criminal attorneys is nil. So I say, “I want to talk to an attorney,” the cops say, “Ok, go.” What’s my next move? The Yellow pages?
Correct.
Don’t talk to the detectives after you have defended yourself, even if you are 100% certain your actions were legal and justified. You will likely be in a state of shock, and hence in no condition to provide “your side of the story.” (That will come later.) Simply tell them you were in fear of your life, you have nothing further to say, and you want to speak with your lawyer ASAP. After the detectives leave you should contact your lawyer and then write down everything you remember.
Also, never, ever use the word “kill,” e.g. “He attacked me so I *killed *him.” The prosecutor will use it against you in court. Instead, use the word stop, e.g. “He attacked me so I ***stopped ***him.”
In a self-defense situation, your goal is to stop the threat using any means necessary. Any death is incidental. Hence the reason for using the term “stop” instead of “kill.”