Interesting incident (lawsuit, legally, office)

[Metallisteve]

I'd certainly make a police report of it. Of course, it will be an hour or two before they arrive, but they may do a few extra patrols through your subdivision every night that week because of it. Seriously, don't shrug it off...call and tell them to come out. You don't know if a similar thing happened recently in a nearby neighborhood that resulted in a robbery or something. The police will know this and be able to tell you more if need be.

[pink caddy]

Originally Posted by barndog

johne - i can tell you what a cop told me. he said that if you shoot and kill someone inside your home, two criminal reports will be filed. the first will be a breaking and entering report for the person entering your home, and the second will be a homicide report for you yourself for shooting that person. the cop did say most likely the homocide will be found to be a justifiable homicide and you won't go to prison for shooting that person in self-defense. (actually, what he told me was to make sure you kill the intruder, not just injure him, but that's a sidenote.) he also made sure i understood if you shoot someone inside your home, you will still be taking a ride downtown to the jail...you won't just be walking away on the day it happens b/c the person was in your home and you thought you had every good reason to shoot him. don't know how this works out in the legal system, but this is what i was told by a cop.

Sounds to me like one would have a hell of a legal problem to me.This is the way it works in the Dominican Republic--a third world lawless country.
Here in the U.S. I can't imagine the legal mess one would have. All the way from: He didn't have you life in danger, deceased estate going after a civil claim, etc. (and don't want to drift to legal argument)
I would need to really think about this before I would put all I own up for grabs to the bad guy's family.

[Metallisteve]

The important thing to remember is to clearly make the point IMMEDIATELY that "you were in fear for your (or someone else's) life." That is the key. If that's the first thing out of your mouth when the cops arrive, you're not going to jail for the night and you have a 99.99% bulletproof case in court.

Thankfully, in our great state, there is a legality that prevents any lawsuit from being filed (or maybe won) by someone who had any shred of guilt/responsibility in causing whatever happened that is creating the lawsuit. In other words, in a perfect case, because the intruder was breaking the law by entering your home illegally, they (or their family) would have no recourse to sue because the lawsuit wouldn't be there in the first place if the person never broke into the house.

I'm no lawyer, and I haven't made the effort to research this stipulation myself. I've been told by many professional sources however that this is the case...and that NC is only one of two or three states that have this provision.

[TheEmissary]

Originally Posted by Metallisteve

The important thing to remember is to clearly make the point IMMEDIATELY that "you were in fear for your (or someone else's) life." That is the key. If that's the first thing out of your mouth when the cops arrive, you're not going to jail for the night and you have a 99.99% bulletproof case in court.

Thankfully, in our great state, there is a legality that prevents any lawsuit from being filed (or maybe won) by someone who had any shred of guilt/responsibility in causing whatever happened that is creating the lawsuit. In other words, in a perfect case, because the intruder was breaking the law by entering your home illegally, they (or their family) would have no recourse to sue because the lawsuit wouldn't be there in the first place if the person never broke into the house.

I'm no lawyer, and I haven't made the effort to research this stipulation myself. I've been told by many professional sources however that this is the case...and that NC is only one of two or three states that have this provision.

I wonder if the intruder having a gun would bolster the case. In any event, I prefer a pair of latex gloves, some plastic garbage bags, a hacksaw, my freezer and the unending cooperation of the weekly visit from the garbageman. To anyone contemplating breaking into my house, rest assured, I will be at your "disposal". No flashing lights in the neighborhood, and no problem!

[Hoagie58]

Originally Posted by TheEmissary

I wonder if the intruder having a gun would bolster the case. In any event, I prefer a pair of latex gloves, some plastic garbage bags, a hacksaw, my freezer and the unending cooperation of the weekly visit from the garbageman. To anyone contemplating breaking into my house, rest assured, I will be at your "disposal". No flashing lights in the neighborhood, and no problem!

LMAO!!! Has anyone seen Mrs TheEmissary lately??

[TheEmissary]

Originally Posted by Hoagie58

LMAO!!! Has anyone seen Mrs TheEmissary lately??

She's been gone for a good long time!! Luminol - my @ss!!!

[pink caddy]

Originally Posted by TheEmissary

She's been gone for a good long time!! Luminol - my @ss!!!

So I'm not the only one that watches Forensic Evidence?

[travelmate38]

I have 6 flood lights connected to my doorbell. And 4 connected to motion sensors on the corners of my home. You come near my home or ring my doorbell, you'll be lit up like the vegas strip, at which point I'll be staring you down through the sites of the weapon of my choice. I've been robbed before, at gunpoint. Fool me once shame on you, fool me twice, shame on me. Never again.

[himain]

Travel-How did you do that? LOL-I'd hate to be someone just dropping by to say hello

[pink caddy]

Originally Posted by himain

Travel-How did you do that? LOL-I'd hate to be someone just dropping by to say hello

Imagine when the Christmas Carollers come on Christmas Eve.
Their in for a surprise!