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Old 10-01-2022, 06:35 PM
 
23,177 posts, read 12,216,625 times
Reputation: 29354

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Quote:
Originally Posted by WRM20 View Post
Prior to the grand jury referral, you will be interviewed by police, and should have an attorney present when that occurs. Police are not your friends, and have no reason to think you are a good guy by killing another person. There is no way I would talk to police in that situation without an attorney. You might choose to talk to police without an attorney, but that's your choice.
There's no reason to say anything at all other than "I was in fear of my life". Period. Police are absolutely not your friend. There's something we can agree on.
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Old 10-01-2022, 07:11 PM
 
15,427 posts, read 7,482,091 times
Reputation: 19364
Quote:
Originally Posted by oceangaia View Post
There's no reason to say anything at all other than "I was in fear of my life". Period. Police are absolutely not your friend. There's something we can agree on.
Without an attorney present, there's no reason to say anything at all to police. Not even "I was in fear for my life". You are not obligated to talk to police without an attorney present, and not obligated to talk to them at the scene.
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Old 10-01-2022, 07:17 PM
 
Location: Native of Any Beach/FL
35,691 posts, read 21,049,622 times
Reputation: 14240
Quote:
Originally Posted by mattja View Post
Florida Governor Ron DeSantis (R) warned those who are thinking about looting in the wake of Hurricane Ian that they are putting their lives at risk as the state supports citizens using the Second Amendment.

DeSantis, who made the remarks while speaking in the devastated community of Matlacha near Fort Myers, said that he has seen citizens indicating that they will shoot looters.

“They boarded up all the businesses, and there are people that wrote on their plywood, ‘You loot, we shoot,’” DeSantis said. “At the end of the day, we are not going to allow lawlessness to take advantage of this situation. We are a law-and-order state, and this is a law-and-order community, so do not think that you’re going to go take advantage of people who’ve suffered misfortune.”

Link

It's good that the people of Florida have the support of their Governor during this natural disaster and that he recognizes the need for the Second Amendment and the right to bear arms.

Good job, Governor DeSantis.
Nothing new. Been that way for years. Looters will be shot and I would add gougers!! I am very sorry this storm has devastated parts of our state. I just got power. It changes everything, and I’m afraid there’s much more loss of life than will be reported. It was so in Andrew. I worked Wilma, and Maria, many have no idea .
What was odd is the council in Lee county, prior to the storm, said they wanted no FBI to step foot in their county.
Hope they recant on that. There will be many Feds there to help that region, as the police will be on overload and have their own families to think about as well.
Please stop worshiping the gov. His feet are dry.
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Old 10-01-2022, 07:58 PM
 
23,177 posts, read 12,216,625 times
Reputation: 29354
Quote:
Originally Posted by WRM20 View Post
Without an attorney present, there's no reason to say anything at all to police. Not even "I was in fear for my life". You are not obligated to talk to police without an attorney present, and not obligated to talk to them at the scene.
Ask your attorney friends if they would want you to say that if they were present.
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Old 10-01-2022, 08:20 PM
 
Location: USA
9,124 posts, read 6,174,802 times
Reputation: 29935
Quote:
Originally Posted by oceangaia View Post
Are you a lawyer now? The grand jury is there to evaluate the prosecution's case and the prosecutor cannot bring felony charges against you without a grand jury indictment. The grand jury is there to protect you from overzealous prosecutors.

I'm going to need a link showing that all shootings must be referred to a grand jury even if a prosecutor doesn't want to prosecute. A grand jury indictment merely gives the go-ahead to the prosecutor not a mandate. I'm also going to need a link showing that the defendant can be called to testify. The grand jury is not there to determine innocence or guilt but just to see that the prosecution has a basis to charge. The prosecutor chooses what to present or not and has no duty to disclose exculpatory evidence.


I was always told that the DA could get the Grand Jury to indict a ham sandwich if he so wanted. Maybe only in New York.


"This famous modern legal term that a prosecutor can get a grand jury to "indict a ham sandwich" -- that is, indict anything -- began in New York. It was immortalized in the Tom Wolfe novel, Bonfire of the Vanities (1987). "Ham sandwiches" are common sandwiches, cited in print from at least 1806. Wolfe credited Sol Wachtler, chief judge of the State Court of Appeals, but Wachtler (who said it in 1985) did not originate the saying. The Democrat and Chronicle (Rochester, NY) published on September 2, 1979:

"'The district attorney could get the grand jury to indict a ham sandwich if he wanted to,' one Rochester defense lawyer said.""


https://www.barrypopik.com/index.php..._ham_sandwich/
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Old 10-01-2022, 09:00 PM
 
5,985 posts, read 3,727,800 times
Reputation: 17064
Quote:
Originally Posted by beach43ofus View Post
Doesn't some memberships to the NRA come with some sort of legal assistance? Is it just referrals to lawyers with the right skill set to defend a looter shooter? Any NRA members here? I seem to recall reading something about this on the NRA's web site a while back.
You can purchase an insurance policy that will provide legal counsel (defense) in the event you are charged with shooting someone unlawfully. The premiums are fairly reasonable and depend upon the coverage/amount that you wish to purchase.

It's good to know that if you have to use your gun in self-defense, the legal fees for your defense (if you are charged) will be covered by your insurance. You may choose your lawyers or they will provide lawyers for you if you have no preference.

It's similar to having liability insurance for your automobile except that this insurance covers your lawful use of a gun in self-defense. One company that is highly regarded in this field is USCCA.
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Old 10-01-2022, 09:07 PM
 
Location: Free State of Florida
4,958 posts, read 2,237,018 times
Reputation: 5839
We are USCCA members. We joined after the left was permitted to engage in violent tantrums without consequence in 2020. Riots were far less likely in the Florida Panhandle but we felt that it was a worthy investment as humanity continues its downfall.
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Old 10-01-2022, 09:13 PM
 
5,985 posts, read 3,727,800 times
Reputation: 17064
Quote:
Originally Posted by Mad_Jasper View Post
We are USCCA members. We joined after the left was permitted to engage in violent tantrums without consequence in 2020. Riots were far less likely in the Florida Panhandle but we felt that it was a worthy investment as humanity continues its downfall.
Me too. I've been a member for about 4 years. Added my wife to the policy a couple years ago.
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Old 10-01-2022, 10:12 PM
 
15,427 posts, read 7,482,091 times
Reputation: 19364
Quote:
Originally Posted by oceangaia View Post
Ask your attorney friends if they would want you to say that if they were present.
They have all told me to say nothing other than "I will talk to you when I have my attorney present". That's it. No "in fear of my life" or anything other than waiting for the attorney.
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Old 10-01-2022, 10:30 PM
 
Location: Native of Any Beach/FL
35,691 posts, read 21,049,622 times
Reputation: 14240
Wow. This for trigger happy people?
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