Attorney Explains What You Must Say and Do After A Self Defense Shooting!!!

how's it going everybody in this video i'm gonna be discussing what someone should do and should not do after a self-defense shooting so let's talk about it so real quick although i am a licensed and pricing attorney in the state of california this in no way is legal advice i'm not offering you legal advice i am not your attorney if you have a specific factual issue or something has arisen in your specific case you should definitely reach out to someone in your local area these are just my general thoughts takeaways and a lot of people ask me especially what's been going on right now within our society and also some very high profile cases a lot of people are asking me what they should do and should not do after a self-defense shooting so i thought i'd put out this video just giving you my general thoughts about what i would recommend to maybe like my friends who asked me that question and what i would say to them so first and foremost what you need to understand is that what happens after a defensive shooting is some of the most critical things and it's ultimately going to determine whether you find yourself sitting in jail or whether you get to ultimately go home and it is also going to determine whether a prosecutor will try to actually prosecute you and prosecute you for doing something wrong or if they'll leave you alone so first let's talk about that time period between the defensive shooting and the police actually responding as many of you are familiar it takes on average about 10 minutes for police to respond so this time period between the defensive shooting and the police responding is a very critical time period so first and foremost during this period of response time what you should make sure first is that all threats are clear and that you are safe depending on the circumstances that you find yourself in let's say if you're in your house there may be more than one individual who are breaking into your house or more than one individual who's in your house and that kind of has resulted in this defensive shooting or maybe you're outside the house and something has happened there may be more than one individual or more than one attacker so just because you've cleared one threat of course you don't want to just assume that you're safe so make sure that all threats are clear and then you can address your weapon so then let's talk about after you've cleared all these threats what do you do with your weapon or what would i recommend you do with your weapon one of the things that i would not recommend is a lot of people say well go ahead and re-holster your weapon and put it away um to me that's a little bit dangerous especially depending on the circumstances so if you're out in public it may be good practice to re-holster your weapon because let's say if you're in a local walmart and please show up you don't want to be having your weapon waving about willy-nilly so in that circumstance it may be a good idea to re-holster your weapon but if in your house it may not be as good of an idea because you can do other things with that weapon to make sure it's secure to where it's not hidden on your body so so in that circumstance i would recommend that you just clear the weapon make sure there's no ammunition in it anymore make sure that the magazine is out of it and then put it down somewhere where it's in clear view one of the worst things in any of these circumstances that you would want is that when police actually do respond and actually do come on the scene then you get shot by them because you're handling your weapon or something like that that is one of the worst things that could happen and really defeats the purpose of the defensive shooting if you ultimately end up getting shot and killed by the police responding the next thing after you've made sure that all threats are clear and that you've actually dealt with the weapon itself is make sure you call the police and really what we call this is the race to report um you should make sure that your story is the first story that the police here what you don't want is some bystander or witness or someone else maybe your neighbor calling the police saying i heard gunshots or i saw this individual shoot this other individual there's someone here with a gun and then the police officers come onto the scene not knowing that you are the good guy that you although you had a weapon and you deployed it are the good guy so you want to actually call them and let them know that you are the good guy that you do have a weapon and please pretty much don't shoot you when they respond now one of the nuances i want to talk about here when actually dialing 9-1-1 and calling the police and letting them know um that you are the good guy and that when they respond should they should expect a good guy with a weapon is that if possible you actually yourself don't want to call the police and in my view if let's say your wife's there you have a family member there or if there's a witness who knows that you're the good guy if they can call the police for themselves report what they saw that is better than you yourself calling the police and actually then putting your voice on a voice recorder and them asking you questions about what happened because remember although you may think that the police are on your side and that you're the good guy and you're in the right everything that you say including that 911 call recording can and will be used against you if something would happen where a da gets a hold of this case and tries to prosecute you so if you call the operator and you're talking to them and you're going on in tangents about what happened and maybe you get something wrong during this actual 9-1-1 call or something like that that can be used against you and a da can grasp onto that to try to prosecute you so just keep that in mind it may be best practice for you to have someone else call on your behalf and relay what they saw and not necessarily what you saw or anything like that but at least report that what they saw and that you're the good guy with a firearm and that the police need to respond because there's been a shooting but let's say there's not another individual there there's not another witness or bystander who saw you do something um and you have to call 9-1-1 for yourself you need to just call 9-1-1 report what happened in short simple factual terms don't elaborate don't go on on tangents i know it's going to be a very high stress situation i hope i never find myself into in this type of situation and i really hope none of my viewers ever find themselves in this type of situation because it is going to be hard to not go on on tangents when you're talking to an operator and a lot of their goal is to keep you on the phone and ask you questions and try to gather as much detail as possible but really that is bad for you because the more stuff that you have on recording can ultimately harm you and really the best practice is to stay silent and get an attorney another thing you should do while you're on 9-1-1 is request medical assistance especially if maybe you're harmed or someone else is harmed now obviously if you shot someone they're harmed and if they need medical assistance like they actually haven't passed away at that point request medical assistance because that again is being recorded and so it can be used as evidence on your behalf to let people know like i wasn't this blood thirsty individual i let them know that i was harmed other people are harmed then we need medical assistance i'm not just out there trying to kill a bunch of people i was actually trying to help people and i was simply just defending my life i found myself in this situation where i had to defend my life but when all was said and done i actually was trying to help other individuals as well another thing to consider during this period where police have not yet responded is that you do not want to go around talking to other bystanders and witnesses during this period it's going to be very hard not to because i'm sure people who maybe saw you defend your life or something like that they're going to want to come up and talk to you or they're going to want to relay to other people or to you what they saw as well but really you don't want to either taint them what they saw and you don't want them to taint what you saw and also you don't want to say something to them which they then relate to someone else and can be used against you and now that might deal with some hearsay stuff but what you don't want is to relate some information to someone else that will ultimately be used against you so now let's talk about what exactly you should do or not do when police actually respond on the scene and this is probably one of the more critical aspects of anything because like i mentioned you may think that since you're the good guy you were in the defensive shooting you're completely justified in what you did the police will be on your side but that's not necessarily always the case police responding one may not actually agree that you are 100 justified and a lot of their job is to gather information and so that's exactly what they will be trying to do is they will be trying to gather as much information about the scenario as they can from you and so because of this you need to be very very careful about what you say to the police once they respond and i cannot reiterate this enough be very careful about what you say the police are likely going to ask you a myriad of questions like how many rounds did you shoot what did you see did they have a weapon do you have a ccw i mean they could ask you any and all questions now keep in mind you are not obligated to answer these questions but they will probably push you on these questions and they will also probably try to say that you have an obligation to answer these questions but you are not necessarily obligated to answer these questions and actually what i would say here in this circumstance is you could relay very specific factual things like i mentioned i don't know i was at my house someone broke in i saw he had a gun i was in fear for my life so i shot and also along these lines you might just want to simply point out evidence to the police officers like there's my weapon there's the attacker's weapon or there's the attacker's gun that he had or there's the attacker's knife that he had or he broke that window you just want to point the evidence to them so that they can make sure they gather it so that nothing is missed in your case but beyond that you don't want to say a whole lot to the police other than very simple factual things then you should request that you do not want to answer any more questions until you speak to an attorney and at this point once you say i want to speak with my attorney or i want an attorney what then happens is that the police have to pretty much disengage they can no longer ask you any questions because you've requested an attorney what's going to happen is there's going to be a lot of high stress adrenaline going on at this time and you might not have all the facts kind of laid out in your brain and you might want some time to disengage calm down relax gather your story the way that you saw it and then and actually talk to an attorney about it so that you can outline exactly what happened in the best factual light for yourself because what can actually happen and happens a lot is people start talking to police officers and saying things that they perceived or saw or they might even get something completely factually wrong and they will regret down the road saying something for example they might say oh i saw this guy break in and i saw he had something shiny i thought it was a shiny knife and that's why i felt in threads for my life and i shot him but then come to find out the individual didn't have maybe a shiny knife they maybe just had like a blacked out knife or something like that and then a prosecutor and say well how did you see something shiny when it was completely black like you can see there they can start to twist your words and even more egregious things like you maybe you say you're out in public and say i was on x street and this happened and then maybe come to find out you actually weren't on that specific street or that individual wasn't on that street or something like that so in these high stress situations you can completely give yourself a bad foundation because you misstate something or you perceive something wrong and then you state it wrong and then those words get used against you down the road so like i mentioned when in doubt just be quiet don't say anything and talk to an attorney also once the police respond what's probably going to happen is they will ask for your consent to search your house search the area or maybe if they're not at your house or maybe if it involves your car or something like that they're going to request consent to search the area that might involve this type of shooting now what i always tell people is never consent to a search if the police actually want to search something they should get a warrant in this type in these types of scenarios they might have probable cause to search the rest of the house but generally you should never consent to search because it can get yourself in a lot of trouble and what you actually don't want to do especially when we're talking about here in the state of california what could end up happening is let's say you have a defensive shooting maybe involving in your house they ask for consent to search the rest of your house you give them consent to search the rest of your house like i mentioned is a horrible idea and then maybe they go around searching in your house and maybe they find a weapon that's not california compliant or that they think is not california compliant or like we saw recently in the city of tulare in the pengyang case where they find a magazine that holds more than 10 rounds and then they try to say that you're in possession of a large capacity magazine and then try to prosecute you with a different charge like filing some sort of california gun law so like i mentioned never consent to search they probably will try to search anyways or will search any ways but never consent to a search and so the next thing i want to talk about is your arrest and one of the things that you should be mentally prepared to actually deal with is that if you find yourself in a self-defense shooting like this the likelihood is that you will be arrested you will be taken to the police department and you will probably sit in jail at least for a little bit and once you're arrested like you see on cops your miranda rights kick in so you have a right to remain silent anything you say can and will be using into your court of law stuff like that so at that point you definitely should already have that position like i mentioned where you should not be talking to the police you need to remain signed as much as you can and also you should have already requested your right to an attorney but definitely if you haven't done that by this point where you're actually physically arrested you should be quiet and actually say i want an attorney you actually have to advocate for yourself and say i want a right to an attorney before that kicks in police department ultimately has to make a decision they're either going to book you and release you or they're going to book you and retain you so that's kind of the determination they have to make and it's going to probably depend on the area that you find yourself in and whether you're released or detained it's pretty much going to be ultimately up to probably the local demographics i guess is the easiest way to say that it's going to depend on where you whether you find yourself in a liberal area or conservative area where the police department maybe is less favorable to firearms or more favorable to firearms and so what will happen is if they actually do decide to release you they'll release you but pretty much tell you like what you see on tv all the time like don't leave town don't do this don't do that you need a number that we can contact you because we're gonna try to bring you into asking more questions stuff like that so just something to keep in mind that just because you were in the right you probably still will be arrested and you might find yourself sitting in jail until you maybe are prosecuted or something like that so just be mentally prepared now one of the last things i want to mention is actually talking to your attorney and this is just from my perspective a lot of people are very afraid to talk to attorneys or especially when it deals with very sensitive subjects like this they're afraid to say certain things to their attorneys what you need to keep in mind is that when speaking with your attorney you need to be completely candid you need to give them all the information that you possibly have so that your attorney can set up the strategy and properly figure out how they're going to defend you and get you out of this situation also what i want to mention is that once you're talking with your attorney there is attorney client privilege so they cannot release this information this confidential information that you've given them now once you've talked to your attorney you should let your attorney do all the talking for you whenever the police reach out to you refer them to your attorney and from there the best advice i can give you is to lay low don't go posting on social media accounts don't go doing news interviews don't do anything like that lay low you should pretty much just disappear into the ether you don't want your face being out there a lot i'm sure you're going to have plenty of media sources doing that for you but you just need to lay low don't be making statements don't be letting people make statements on your behalf just lay low stay quiet and let your attorney handle it so what i also want to mention is that it's probably a good idea especially if you have a concealed weapon or if you're ever concerned about finding yourself in one of these defensive situations is to have some sort of legal protection slash care insurance now the one i recommend a lot is uscca that is the one that i'm kind of affiliated with that's the one i believe in that's the one i have there are a lot of other companies out there that do great things they have great programs out there as well but uscca is just the one that i recommend and i'll put a link down in the comment section the details section if you're interested in looking at some of their plans and signing up but it is good idea to have a legal protection like uscca or some of these other companies out there is because a bond could easily be set against you let's say in the amount of a hundred thousand dollars which isn't a whole lot if they actually think that you went out and murdered someone thousand dollar bond i don't know about you but a lot of people don't have a hundred thousand dollars just sitting in their bank accounts that they can pay that bond on but if you have one of these programs where you paid into the membership you have the membership you have a certain amount of legal protection a company like uscca will take and pay your bond and so that you are actually out of jail and so if you couldn't pay that bond what's going to probably end up happening is you're going to sit in jail for up to 12 months while your case processes so i don't know about you but i would rather be out of jail for 12 months than sitting in jail waiting for my case to kind of make it through its procedural requirements so just something to keep in mind where one of these types of legal protection programs like uscca may be a good idea so what did we learn from this video and what is the main takeaway like i mentioned the main takeaway you should have from this is probably twofold one be quiet and don't say anything and two ask for your attorney your first thing should don't say anything and if you do say something the only thing that should be coming out of your mouth is i want an attorney i want to talk to my attorney those should be your two main takeaways and if you do that it should keep you from saying something that will ultimately be used against you and that is one of the worst things that could happen is that you defend your life through a defensive shooting like this but you find yourself in jail for the rest of your life that is one of the worst things that could happen so if you have any questions that maybe i didn't address in this video go ahead and write down the comment section below like i mentioned none of this is legal advice but i usually moderate those comment sections so if i see some good questions down there i go ahead and answer them also if you like this video and like support the channel one of the best ways to do that is join the patreon page and i'll go ahead and put a link to the patreon page down in the details also just like commenting subscribing and make sure you hit that notification bell because that helps to spread the word about the second amendment helps us spread videos like this that are critical information that people probably need especially with the things that are going on in our society right now so as always thank you guys for watching don't forget to like subscribe and never forget this nation was built by scholars and this nation will be maintained by our scholars

Channel: Armed Scholar

Views: 303,929

Rating: 4.9073324 out of 5

Keywords: kyle rittenhouse, kyle rittenhouse self defense, kyle rittenhouse self defense claim, kyle rittenhouse self defense youtube, kyle rittenhouse claims self defense, kenosha, kenosha riot, self defense, self defense aftermath, attorney explains california self defense laws, self defense laws, defensive shooting, when the police arrive, concealed carry, uscca, what to say to police after self defense shooting, what not to say after self defense shooting, self defense in riots

Id: NLP_zcx6LBE

Length: 18min 54sec (1134 seconds)

Published: Fri Sep 11 2020