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June 30, 2014 |
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Why You Should Remain Silent |
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Dear Texas Members,
In this newsletter, we are going to rejoice in "silence" and the right to remain the same. Why do you invoke the right to remain silent? Why invoke your right not to be questioned without your lawyer present? In a nutshell, the answer to this question is: What you say and do is evidence, what your attorney says is not.
I just used my gun...What do I do?
“If I have done nothing wrong, why would I not just want to tell the officers what happened? Only criminals remain silent and talk through their attorneys, right? Lawyers only want my money and do nothing for me, and I was the victim.”
These are all perfectly normal human reactions, especially from those who are personally unacquainted with the criminal justice system. However, anytime someone is under scrutiny from the criminal justice system, by very definition, their freedom and fortune may be at risk. Their right to remain silent could be an integral part of their legal well-being.
You must first realize that any time a firearm is involved in an incident, whether it is fired or not, the police will very likely start with the assumption that a crime has been committed and proceed to process the evidence as such. The police will secure the area, interview witnesses, and look for physical evidence. If your actions are the focus of the investigation, any statement you make will either corroborate what the witnesses and physical evidence show, or it will not. There may be shell casings, ballistics trajectories and/or possibly even video or photographic evidence. If your statement does not perfectly match the evidence, even to the slightest degree, your version of the facts could be viewed differently than you would like and will likely be used against you. If you make no statements concerning the facts of the incident until you speak to your attorney, you eliminate the possibility of allowing an inconsistency, no matter how innocent, to be used against you.
Some of you reading this might be thinking, "That is all very good advice, but this won't happen to me." Well, unfortunately, it can. In one past case under our program, a member who had never been in any trouble with the law was forced to use his gun. Unfortunately, our member, even though he was experiencing massive stress and pressure because he had to fire his gun, gave a statement to the police without consulting us first. The statement included several very specific facts that could not be immediately corroborated by the officer. The result was that this inconsistency resulted in a criminal charge. The lesson here is, after a shooting, speak to your attorneys before giving a statement to law enforcement!
There is a very simple reason for this - talking cannot help when you are under police investigation. Very few people ever talk themselves out of being arrested. However, many people have talked themselves into jail. Your statements may be completely innocent, but if they conflict in any way with other evidence in the case, even if that evidence is mistaken, mischaracterized, or just plain wrong, you will have a legal issue.
Remember, that if you are involved in a situation where you were forced to use your firearm, you will not be in a proper state of mind to accurately give the police all the facts and only the facts. You may forget an important detail, overstate the situation, say something that cannot be corroborated, or in a worst case scenario, say something that can be proven to be false.
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Featured Texas Seminars |
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Members, come join us and bring a friend!
Texas Law Shield is proud to host informative Gun Law Seminars and Workshops all over the Great State of Texas. Come out and join us in our hometown of Houston, as our program attorneys and guest speakers break down the law on firearms with topics every gun owner should know.
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| Houston: Dinner with Attorneys & Firearms Law Seminar
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Thursday, July 10, 2014
Cost: $15 Members, $20 Non-Members
(Dinner is included)
Time: 6:30 p.m. - 10 p.m.
Sign up here!
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Topics Include:
- Stand Your Ground and the Law of Legally Justified Use of Deadly Force,
Michele Byington, Attorney
- It's All About the Benjamins, Civil Liability; I Was Sued for What?
Kirk Evans, President, Texas Law Shield, LLP
- Law Enforcement: Interactions with Police Officers,
Speaker TBD
We invite you to come hear our program attorneys separate legal fact from fiction while you enjoy a BBQ dinner that includes: Brisket, Baked Beans, Coleslaw and Texas Toast!
We always reserve plenty of time for audience interaction and a question and answer session! Also, be prepared to take some reading material home; our latest publication on the laws of police search, seizure and arrest is a wonderful resource that every gun owner should have, and you get one FREE just by attending.
In addition, several lucky guests will win Texas Law Shield merchandise featuring our very own Mason the Bear!
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| Garland: Firearms Law Seminar
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Thursday, July 24, 2014
Cost: $5 Members, $10 Non-Members
Time: 6:30 p.m. - 10 p.m.
Snack and drinks will be provided!
Sign up here!
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To view a complete list of seminars and workshops in your area, please go to www.GunLawSeminar.com. We hope to see you at one of our next seminars!
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New Additions To Texas Law Shield Store |
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Good news! We are introducing our new line of Texas Law Shield gear!
Show your support with one of our new t-shirts, polos, or tank tops. Why not top it off with your very own member hat?
Get your gear today! Visit the Texas Law Shield store to check out all of our new items!
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QuickLinks |
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Texas Law Shield, LLP
1020 Bay Area Blvd., Suite 220
Houston, TX 77058 |
Telephone: 877-448-6839
Website: www.texaslawshield.com
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