Posted on 10/06/2019 6:20:02 PM PDT by DoodleBob
While keeping up with a recent murder trial, I noticed that the prosecution introduced into evidence a number of the defendant’s texts and emails, along with a fair amount of overwhelming physical evidence. In this case, the defendant was found guilty and sentenced to a lengthy prison term.
Armed citizens are often admonished to be careful what they say to investigators in the aftermath of a defensive shooting. They're also often encouraged to find ways to de-escalate or exit a dangerous situation. It's even better if one can avoid a potentially high-risk scenario at all. That same kind of presence of mind ought to extend to your communications as well. Armed citizens may not be aware that investigators can also get a court order that allows them to examine all text messages, emails, and other electronic media. In some cases, they can also use private conversations that the defendant has had with others.
Consequently, a person needs to be very careful what they post and say. Posting on social media, late at night–especially after consuming adult libations–may not be a very good idea. Boasting about what you will do if/when a person breaks into your home may be a real mistake. That harmless joke that you posted may not seem quite so harmless when it is read to a jury.
Most citizens think that text messages and emails are private conversations and should be treated as such. The simple fact is that, under certain circumstances, such is simply not the case. Comments that we make, electronically and verbally, may be allowed in court to show our true motive or intent. Trying to convince a jury that a joke was nothing more than a joke is a real risk and it makes your defense attorney’s job more difficult.
As with anytime I talk about the law, you should remember that I am not an attorney. Therefore, I encourage each of you to discuss this and other defensive issues with a criminal defense attorney at your earliest opportunity. It would be a sad situation if something you posted in a light moment, or without thinking it through, causes you to face serious legal consequences one day.
Much truth to that as the Cops and Legal system is not your fiend...Loose Lips Sink Ships..
I started to disagree then changed my mind.
Yes one should be careful what he says or does in all scenarios.
I wonder if I can get Jimrob to delete my posting history...
I have been saying this for decades.
Everything you post online is recorded, and most can be traced back to you.
Consider posting online as equivalent to publishing in a searchable, digital newspaper.
Never talk to the cops
Never say what you would do if X Y or Z happens
Never threaten anyone online or offline
Be prepared
Always de-escalate
Never escalate
Whomever draws a weapon out first is usually the one going to prison
Your weapon is used for self defense not self offense
Just don’t sext your married partner after you shoot your neighbor in his apartment....
I couldn’t agree more! I took the pro-gun and NRA stickers off of my vehicles several years ago. The only people I discuss firearms with are trustworthy friends.
It’s a tough deal especially after the event. A lot depends on the prosecutor and his political feelings. Best to be very careful and very quiet till you have an attorney. You have to survive the event first and foremost but being a talkative badass might not go over in court. There’s a lot at stake, you got to be careful. Each event is different.
I have no stickers of any shape form or fashion on the truck. Good idea.
Hmmmm...a sort of FR deadman’s switch....
I have been a member of The Legal Defense Network ever since they started. They send you DVD’s that go through scenarios on what you should do when the “what if “ ever happens. Mossad Ayoob has been very involved with putting this together. I believe it costs $150.00 a year, cheap insurance.
facebook posts are brought up in a large percentage of divorce trials
Prudence is wise, especially when discussing a preferential fate of an elected official, candidate, or a politician of any sort. But characters like George Soros are free game I would think...
https://www.armedcitizensnetwork.org/
I had a pop-up show up the other night about some 20-hour DVD on combat gun use (Conceal Carry University). It sounded like it might have some good info, but also sounded boring.
The above link to the group you mentioned sounds like a better investment for the same amount of money. Instruction PLUS legal help.
Never write when you can speak.
Never speak when you can remain silent.
Good advice. Ayoob is great. There are several insurance sources. Just like a car, you hope like crazy you never need it. Your screwed if you do and don’t have it. You never know enough. The best one you ever have is the one your never in.
Never post anything on Fakebook our any other social media sites ever!
Yea, verily.
Years ago I was part of a Police defensive action which resulted in the self-induced exicited deleruim death of the perp by “positional asphyxiation”.
I didn’t do “social media” (a non sequitor/oxymoron) then and I don’t do it now.
But I was nearly hung by a verbal statement made to a hospital security guard, who, when he said “he got you pretty good” prompted my answer “Yeah, but I got my licks in”.
DA exonerated us and the civil suit was settled out of court.
Lesson: STFU, in person and (escecially) on line.
FIE ping.
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