What to Say to Responding Officers with Marc Victor (John’s Briefs) | ASP Extra

hey everyone its Jon on today's active self-protection extra lesson of Jon's breath I'm sitting here with my Viktor again from attorneys for freedom and he is one of the premier defensive and self defense attorneys in all of Arizona and we had a discussion a lot of people have been asking about what do I say to the police after I've used my firearm to defend myself we had other stuff talking about the 911 one call okay but now the police have arrived and we're not talking about the detectives later we're not talking about stuff now we're talking in that moment we've had to use our firearm the black-and-whites show up with the lights of blazing you don't get shot by then because you got your hands clear and all that stuff and then they're gonna start asking you questions and what do you say to them I know what I have been trained by nonetheless a an expert as masada you what I want to know what Mark has to say about that so let's talk about it today's video is brought to us by the generosity of firearms legal protection firearms legal protection is a legal defense program for lawful gun owners you win the fight and they will help you win the fight after the fight for the rest of your life there's a link in the description for a coupon code for a discount for all active self-protection Watchers okay so his general guidelines here and these are available on the internet I'm not giving away his proprietary stuff is you know is to talk about okay number one that I am the victim here right so no I'm not talking about what I did but what he did so that guy attacked me with a knife where that guy threatened my wife with a gun or whatever so the responding officers get there they put you in cuffs probably or whatever to secure the situation and then the officer says okay tell me what your side of the story is what happened here because there's probably a bunch of people with a bunch of sides of the story going on this guy attacked me or whatever here is what happened to establish that they were the bad person matt says I think next that I will sign the complaint so I am establishing myself as the victim here I'm the one who is the complaint number three there's any available evidence so the knife is under the car over there or there was his gun point out any witnesses that person that person that person saw what happened so then that way they don't slink off because people tend to slink off and then I will cooperate fully after I speak to counsel that's what that what he recommends tell me what do you recommend to people with all due respect I don't agree with any of that let's talk about them individually let's start with the rubbing foot if you want to start with what I recommend first of all I would say that very difficult to give advice that is blanket general advice that applies to all situations like for example what you were just discussing starts with several assumptions one assumption is it's a good shooting what if it's not a good shooting so I know that that a couple of attorneys that I talked to and I think Moss as well I said listen if you murdered somebody then just shut up because it's not getting any better if this is a bad shooting just just haha who makes that decision right there at the scene as the cops are I mean would we get that person who just got into discharged a firearm maybe killed somebody maybe not but discharged a firearm and now the police are there and they're being hooked up in cuffs they're not going to get a complaint and option to sign a complaint or not that's a misdemeanor we're talking about a felony here would you want that person making a decision on the fly about whether this is a good shooting or a bad shooting the witnesses that he wants to preserve the evidence that he wants to preserve you may or may not even want that preserved mmm right how do we know I mean so we're starting from different premises here second I think and by the way I probably have I would say a hundred percent but there's always gonna be one out there that's gonna say something it wasn't 99% of all experienced criminal defense attorneys are going to going to agree with me on this one we do not want our clients talking to the police at least not without us being present and that means after we've reviewed all of the evidence why would you make a statement at the scene when you have just as good an opportunity to make an ax statement later on down the road after you have seen all the witness statements all the evidence maybe the medical examiner's report everything there is to see in the case you can make a statement at that point why would you make it at see we don't know what people are going to say witnesses lie sometimes things occur differently people see things differently right one witness may say no no no the the light was green the other says no I'm sure it was red it was either green or red somebody's mistaken but they may be honestly mistaken so four perspectives happened there really isn't a downside to just saying look I want my attorney I think it's important to mention the word attorney and you have to understand the law has evolved in a way here that if you're squishy about this if you say something like you know I think I might need to talk to my lawyer or what do you think do you think I need a lawyer some people has the police officer for advice on that then that's not going to be effective no you got to be absolutely clear and on the back of my business card it's also I believe on our website I put down in words exactly if you're gonna talk what I want people to say and it makes it very clear by the way what's nice about that is just like the police many of them when they read the Miranda warnings they pull out a card right the reason they do that is because there are four aspects to the Miranda warning and when they get questioned later maybe you show you read all four they say yes and we say how do you know and he said well because I pulled out my card I do it every time this is what I read so when they read the back of my card it's very clear what they said they're not gonna make a statement they want their attorney president they're not consenting to a search that stuff is all fine and none of that is going to be used against anybody so and also you know the police are pretty good at gathering evidence they're a very very rare situation in a shooting where there was an important piece of evidence that the police didn't gather it happens sometimes and by the way in those cases where it does happen usually there's a very good argument there for the defense that the police whose obligation it is to gather the evidence failed to gather the evidence and if it could have been exculpatory evidence then my client can't get a fair trial and so I filed a motion to dismiss for that reason so you you potentially take those kinds of arguments away and then when you say I'm going to cooperate after I talked to my lawyer what happens when you talk to your lawyer and the lawyer says oh you're not gonna say anything now you've said to the police officer I'm gonna cooperate after I talk to my lawyer and then they say did you did you have a chance to talk to your lawyer you met with your lawyer I'd like to talk to you I know I don't have anything to say oh did you want that coming out on the witness stand because that's gonna come out on the witness stand hmm very likely the statement that I will talk to you after I talked to my lawyer that's probably a statement that's coming into court in so at least it's arguable that it's coming into court what is the implication from that statement the implication is the lawyer saw something and decided to tell you just shut up about it that changed your mind so I don't like any of that stuff I see no downside to just saying hey I want my lawyer I got nothing to say it isn't that's what the police do when they're in shootings that's what the police get advised to do that's what they teach their kids to do that's what you should do keep your mouth shut play it smart even if you're a good guy and you believe you did the right thing it still makes a lot of sense to keep your mouth shut you can talk to the lawyer right away you might say hey I want to call my lawyer right now in Arizona you have a right to speak to an attorney much earlier than you do under the Federal Constitution you call your attorney the attorney says what would you like me to tell the police they tell the police that the important evidence is here here here and that this guy's in the win okay no problem officer so and so and please there's evidence here there's this witness and we can communicate whatever we want no problem so then it's not you making a statement much smaller so in an era of cellphones here's what I'm hearing well here's what I'm hearing you say one of the things that both of you and I had a discussion with taker Johnson about you know 911 calls and and the attorneys that I know are all worried about what you said because what you don't say can't be held against you but what you do say will always be held against you and so you got to be careful what you say and of course all this bad stuff has gone on and you get this is an actual thing a psychological thing called logorrhea you get your mouth just starts running and you say all kinds of things that may or may not be true I will say this I've seen a lot of badge accounts of officer-involved shootings and you know what happens after an officer-involved shooting here's what gets asked there sergeant might show up real quick look I'm you okay you know yeah yeah I'm okay man and bla bla bla okay go sit in your car and shut up go sit in your car and shut up don't say anything don't talk to anybody go sit in your car show up and shut up and then they get their lawyer which is their union rep or whatever and guess what happens the second to lawyer shows up the batch can gets turned off and then they get to talk to their attorneys so especially in an era of cellphones I can have an attorney and I don't think there's a reason not to I mean with with the number of programs that are out there now or you have an attorney available to you right now that you're not leafing through the phone book that's stupid if you're leafing through the phone book to find an attorney after you shot someone you're you're a fool of course you guys and all this bits these are sponsored by firearms legal protection and I know you're part of the network of FOP and you have a program as well this great one here this is the main reason we started our attorneys on retainer programs so people could not only have us on retainer not only have my personal cell phone but be able to retain us at substantially lower rates we like doing these kinds of cases I like being on standby I used to be the guy who talked to the police officer I used to represent the Fraternal Order of Police in these type police shooting cases and that's exactly what the police do also another point that I think is important this isn't an issue if you're being recorded but what if you're not being recorded and what if the officer doesn't accurately write down what you say you say something maybe it's a great statement maybe it's a terrific statement but the officer wrote down either accidentally just got it wrong or maybe didn't like you and wrote this Deline sometimes police officers lie but and let's be real with an era of smartphones I can either make a quick phone call I have an attorney that picks up the phone right now and I could there's plenty of times where I can even FaceTime you know be talking face-to-face and if I say I want to talk to my attorney and guess what that cop has to has to give you the space to do that this is what went down here's okay what do you want me to tell them because if the attorney tells them something now it's not you an attorney can't perjure for you okay so you've passed information on they're gonna pass it on to them so you can say yeah there's a bunch of witnesses here there's some of this stuff this is what happened okay what do you want me to tell and they can filter that and then you go get a good night's sleep you don't have to make an official statement for a while that's a whole different thing what are you gonna say with your attorney present to the investigating officers and all that stuff but I'm hearing a lot of defense attorneys say man the less is more so the best thing let me say like this I can't tell you the number of cases where I would have been able to get my clients either completely off or a much better deal if they had just shut their mouth usually you're your own worst enemy in these types of cases it as hard as it is for good guys who believe they did the right thing to keep their big mouth shut right because we we have confidence in our justice system we think things are going to go appropriately we have confidence and the officer who shows up is going to record the statement we made accurately we have we have good good confidence in these things but if it doesn't go that way do you really want to risk a decade or more of your freedom on these types of things I don't and so I just don't see a downside to keeping your mouth shut it's much better if you say look I want my lawyer I like to call him right now because the rules are such that once you start bringing in the attorney card and you start mentioning lawyer or attorney the police are supposed to stop asking you questions they don't get to keep working on you and working like if you don't bring the l-word or the a word they can keep asking you questions so so maybe what do you think of this mark that okay so and I have managed such utmost respect from us of you that you say okay number five I want to speak to my counsel I want speak to my attorney I want to talk to my lawyer move that to number one love it mark hey officer I get it I I need to call my attorney first I need to call my attorney right now and and then that officer that's it that's a Shibboleth for him or her they now have a set of legal requirements as well because if they start going no you can't talk to your attorney right now you need to talk to me then they're in big trouble later keep in mind this statement I want to talk to my attorney it's not something that comes out at your trial it's not something that the state or the prosecutor would get to comment on that's skipped right over the jury doesn't get to hear that the person who's being charged with the crime said I want to talk to my lawyer never comes out right so there's really no downside now those are the rules of the game and those are the rules of the game throughout the United States and then I understand correctly if I say I talking to my attorney right now and then this is now privileged communication if they're my attorney if we've got a attorney-client relationship it's true this is now privileged communication so if I get that some of the longoria out there that can't hurt me because me and my attorney are talking and it's privileged communication nothing you could say to your attorney hurts right so that's like you know me as a pastor for 14 years people have said all kinds of things and that clergy privilege is like I can't unless it's somebody's a danger to themselves or others but doesn't matter what you say to me it's it's privileged communication and then we can do those other four things but my attorney can do that to the responding officer I can go okay so do you want to talk to him hey officer my attorney would like to talk I do that all the time and and again the police officers I'm going to give them and I think the vast majority of cops are great people trying to do a different job and so they want to have good people that had to defend themselves they don't want to put those people in prison of course they're dealing with people who aren't good people all the time and so that's a thing so to let your attorney hey officer my attorney wants to talk to you okay well remember they always they don't always get accurate information either they show up and the bad guys who really are the bad guys no offers I'm so glad you're here guess what this guy did they feed them with all this information a good police officers don't make conclusions but some people do and they if you get identified as the bad guy right you're not going to talk yours so remember here's a thing for you okay so there's three phases of the fight right so you have the fight before the fight to stay out of the fight but then in this instance you couldn't you had to win the fight and that fight was maybe a deadly threat and you had to as a last resort to save your life use a firearm or another tool to defend yourself the second that threat ends you are now fighting the fight after the fight you're fighting the fight for the rest of your life and as well-meaning as everyone else is the system don't care about you as a person okay so you have to recognize that you need somebody on your team and that person who's on your team is the legal expert the one who knows how to win that fight and and you don't because and unless you are a an experienced attorney who does these things you don't know how that fights gonna go and you don't want to score any points for the other team and so get on the phone with your attorney immediately and you should know who that is and you should have the business card already programmed into your cell phone already but okay I do both have both programmed into my phone and the business card in my wallet because if your phone got broken or something in there you can say hey I need to borrow your phone to call my attorney and you have that number in a second location and then from there then we can start doing the other things that our attorney can do those he can say oh she can say hey wait a minute my client was attacked this person attacked them and you know here's the things officer that you need to know right now and they'll go do their investigation and you're not gonna be the one who shows them and I can tell you the officers not going to resolve that night to see the officer is gonna say look there was a shooting we're either gonna not take you in or take you in but they're gonna gather the evidence and they're gonna give it to a prosecutor who's gonna sit down and carefully go through everything and they're gonna make a charging decision if you're gonna have a discussion with somebody about charging it's not the police officer at the scene it's the prosecutor who's making the decision to either charge the case or submit it to a grand jury that's the place where you can be most effective and so heading this thing off at the pass I think if you do this the right way again you move number five massive muscles number five - number one need to talk to my attorney then guess what I mean it's heated moment I'm emotional everything's crazy the all the emotional weight of me just having to shoot someone is coming on me but now I call a third-party person who hasn't had that they are the disinterested not uninterested disinterested third party who is reasonable who is there for you okay I'm on your team let's see what's going on here I want you to take a deep breath you're not gonna say too much let me talk to him as the disinterested third party who is reasonable rational and in their right mind right now you're not let me do the discussion for you and then we'll get you to a place where you can decompress a little bit and then start saying reasonable things I think that's a safer way to go if you do it that way no doubt awesome great stuff guys think about that and the big takeaway from here your attorney needs to be ready on retainer you need to have that number that's not you know all my attorneys will be in the office at 9:00 a.m. tomorrow and maybe we can hook up then no they know the ones that are great self defense attorneys either you have their cell phone number you have an immediate number that a lawyer is picking up that you are now instantly you already have an existing relationship so you have attorney-client privilege and all that stuff and again you guys know we're part of firearms legal protection that's what we do the retainer is attorney on retainer program then attorneys freedom does fantastic program that's why you got to have it guys because now the fight for the rest of your life is on [Music] [Music] [Music]

Channel: Active Self Protection Extra

Views: 116,238

Keywords: asp, cover your asp, active self protection, John Correia, Fight After The Fight, Marc Victor, John's Briefs, ASP Extra, active self protection extra, attitude, skills, plan, responding officers, defensive firearms use

Id: -apRx8WNn_w

Length: 18min 22sec (1102 seconds)

Published: Fri Sep 14 2018