The importance of an attorney --

[MaggieD]

I've always said that I would always cooperate with law enforcement without benefit of an attorney if I'd done nothing wrong. I've changed my mind.

In the Zimmerman case, he gave his initial statement to police w/o benefit of an attorney. I think, if I were involved in a shooting, I would invoke my right to an attorney in order to clear my head...let the adrenalin rush/backlash pass...and get my facts straight before doing so.

When things are happening lightening-fast as they did in this incident, time becomes compressed. Actions and when they happen become blurred. When I think, "What if it was me?" in this case...and MY statement to police...I would want to be absolutely certain I was including everything that happened. And when one is 'in the heat of recovery' from an attack? I'm not sure it would be in my best interests to be in any hurry to give a statement.

What do you think?

 

[sharon]

I've always said that I would always cooperate with law enforcement without benefit of an attorney if I'd done nothing wrong. I've changed my mind.

In the Zimmerman case, he gave his initial statement to police w/o benefit of an attorney. I think, if I were involved in a shooting, I would invoke my right to an attorney in order to clear my head...let the adrenalin rush/backlash pass...and get my facts straight before doing so.

When things are happening lightening-fast as they did in this incident, time becomes compressed. Actions and when they happen become blurred. When I think, "What if it was me?" in this case...and MY statement to police...I would want to be absolutely certain I was including everything that happened. And when one is 'in the heat of recovery' from an attack? I'm not sure it would be in my best interests to be in any hurry to give a statement.

What do you think?

Even if you are innocent get a lawyer and keep your mouth shut.. I have pounded that into my kids.

George couldn't shut up.. he talked to everyone for weeks ....

 

[Medusa]

I've always said that I would always cooperate with law enforcement without benefit of an attorney if I'd done nothing wrong. I've changed my mind.

In the Zimmerman case, he gave his initial statement to police w/o benefit of an attorney. I think, if I were involved in a shooting, I would invoke my right to an attorney in order to clear my head...let the adrenalin rush/backlash pass...and get my facts straight before doing so.

When things are happening lightening-fast as they did in this incident, time becomes compressed. Actions and when they happen become blurred. When I think, "What if it was me?" in this case...and MY statement to police...I would want to be absolutely certain I was including everything that happened. And when one is 'in the heat of recovery' from an attack? I'm not sure it would be in my best interests to be in any hurry to give a statement.

What do you think?

l agree

we need the professionals to protect our rights in a constitutional state.

 

[Grim17]

The way the English language is twisted and manipulated today, an attorney is a must anytime you are dealing with statements to law enforcement that could have consequences.

 

[Porchev]

In my opinion, if I ever shoot someone (hopefully never), I think all I will say is "I shot out of fear for my life" (which would be the truth), and I will not provide any details until after I talked to a lawyer.

 

[ttwtt78640]

I've always said that I would always cooperate with law enforcement without benefit of an attorney if I'd done nothing wrong. I've changed my mind.

In the Zimmerman case, he gave his initial statement to police w/o benefit of an attorney. I think, if I were involved in a shooting, I would invoke my right to an attorney in order to clear my head...let the adrenalin rush/backlash pass...and get my facts straight before doing so.

When things are happening lightening-fast as they did in this incident, time becomes compressed. Actions and when they happen become blurred. When I think, "What if it was me?" in this case...and MY statement to police...I would want to be absolutely certain I was including everything that happened. And when one is 'in the heat of recovery' from an attack? I'm not sure it would be in my best interests to be in any hurry to give a statement.

What do you think?

That is indeed a tough call. On the one hand, if you convince law enforcement, and the thereby the state, that you have comitted no crime then you are not immediately arrested and detained until they get around to giving you a hearing. On the other hand, if there is sufficient cause (or in this case political pressure) for the state to charge you anyway then you face no downside for not saying a word.

IMHO, GZ did the right thing by initially relating his reason for shooting TM but tried to give too much detail (precise timeline and a later "walk through"). If the police recall you for a new formal, or more detailed, statement then that is the time to seek legal council.

 

[sharon]

That is indeed a tough call. On the one hand, if you convince law enforcement, and the thereby the state, that you have comitted no crime then you are not immediately arrested and detained until they get around to giving you a hearing. On the other hand, if there is sufficient cause (or in this case political pressure) for the state to charge you anyway then you face no downside for not saying a word.

IMHO, GZ did the right thing by initially relating his reason for shooting TM but tried to give too much detail (precise timeline and a later "walk through"). If the police recall you for a new formal, or more detailed, statement then that is the time to seek legal council.

Its not a tough call at all.. NEVER talk to the police without a lawyer..

Every lawyer would tell you the same thing.

 

[americanwoman]

You have the right to remain silent - use it!

Porchev gave the perfect opinion on what to do.

 

[MaggieD]

In my opinion, if I ever shoot someone (hopefully never), I think all I will say is "I shot out of fear for my life" (which would be the truth), and I will not provide any details until after I talked to a lawyer.

It occurs to me that this takes money. Maybe it's true that it takes money to buy justice. Having to pay an attorney probably keeps the majority of people from exercising that right.

 

[KevinKohler]

Quite the shining comendation for our justice system.

 

[joko104]

In permit-to-carry classes, a common thing taught is if you should ever happen to shoot someone, ALWAYS tell the police you are "so upset" and your heart racing that you cannot think with a clear head - and do NOT talk to police for at least "48 hours" AND not until you have spoken with an attorney. They insist NO EXCEPTIONS to this!

In is the nature of any person to be defensive and tell the best way to recount something possible - meaning getting caught "lying" in minor details, PLUS the brain is NOT a video and audio recorder and will naturally try to fill in gaps to make a complete recount - against then caught "lying" about details. Finally, HOW YOU WORD THINGS matter - A LOT.

For example, a person might THINK saying "I fired a warning shot but he kept coming at me - so only then did I shoot him." You would THINK that shows you did not intend to hurt anyone and obviously had no choice. BUT, in fact, in this state (Florida) while you shooting and killing him might be legal, it is an AUTOMATIC 20 YEARS IN PRISON for "firing a warning shot." No exceptions. Neither probation or lesser sentence even possible. So saying what you THINK helps you, in fact is a confession that causes your conviction.

The reason to using "too emotionally upset" as reason is to avoid "refusing to talk" directly. IF the police demand you come to the station, THEN you say "I won't talk to you until I talk to MY DOCTOR and to a lawyer."

It is sad, but things you say can be twisted, exaggerated or even mis-quoted by police - plus the police are talking about your behavior however they want to - and if there is a prosecution they will likely shift that to make you seem odd, none remorseful, too calm (like you're a cold hearted killer) etc.

Zimmerman is a perfect instance of why do not talk to the police - at least not to the extent he did and not right away. He should have said he was too upset and in too much pain to talk now - and then invoked the 5th /wants a lawyer after this if police just kept pressing him.

 

[ttwtt78640]

It occurs to me that this takes money. Maybe it's true that it takes money to buy justice. Having to pay an attorney probably keeps the majority of people from exercising that right.

According to the Miranda warning you may be able to get an attorney (from the public defender pool) at little or no cost - but if you can afford a better (more experienced/specialized) attorney then you would be wise to do so. The justice that you must buy I often refer to as "just us".