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You Have the Right to Remain Silent |
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This article was originally published in our December 2008 edition of the membership journal.
by Marty Hayes, J.D.
DISCLAIMER: The following educational essay, written by Marty Hayes is not legal advice. It is, however, the beliefs and thoughts of the President of The Armed Citizens’ Legal Defense Network, LLC regarding one facet of an armed encounter. Before instituting any plan of action for yourself, discuss your concerns with an attorney licensed to practice law in your state. Print out this article and give it to your attorney before this discussion, and together, come to a logical conclusion as to what course of action to take after he or she has had an opportunity to read this article.
It is common advice amongst lawyers and judges that when first confronted by the police after a self-defense shooting, you should say nothing, because anything you say “can and will be used against you” in a court of law. The latter part is true, of course, but the fact of the matter is, if you are tried for an alleged criminal act associated with your use of deadly force in self defense, you are likely going to have to testify in court anyway. I know, you don’t have a legal requirement to testify, and most if not all, criminal defense attorneys would advise against a criminal defendant testifying, but here is the rub. Most (the vast majority, in fact) criminal defendants are guilty of a crime, and if they testify, it simply gives the prosecution the opportunity to elicit more information about their criminal act.
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Defending Self-Defense Knife Use |
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This interview first appeared in our December 2008 journal.
Interview by Gila Hayes
We get a lot of questions about how defending yourself with knife affects the legal claim of self defense. Marc “Animal” MacYoung was already on my mind, as the author of the book (Safe in the City) we review in this edition of the eJournal, so it seemed sensible to give him a call and ask his opinion.
MacYoung is a prolific author, a well-known hand to hand combat instructor, and a man who grew up in gang-infested Los Angeles. That experience coupled with work as director of a correctional institute, body guard, bouncer and security for large public events, makes MacYoung an unusually accurate source of information about criminal behavior. Of his many credits, his identification of the five stages of violent crime deserves more recognition than it receives. His extensive website shares a considerable amount of his knowledge “for free.”
MacYoung began writing about self defense about a decade ago, and since that time has authored well over a dozen books and DVDs, and when I spoke with him recently, he announced plans for an indepth three-part series on behavior of intimidators, pre-attack signals, and control presence.
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The Tueller Drill Revisited |
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This article first appeared in the Network's May 2008 journal.
by Gila Hayes
25 years ago, an officer with the Salt Lake City Police Department by the name of Dennis Tueller wrote an article entitled “How Close is Too Close,” which initiated considerable discussion about law enforcement officers’ defensive options when confronted with a suspect armed with a contact weapon. Tueller’s study is now one of the classic survival lessons, taught to students of armed defense, both in police circles and by trainers educating qualified armed citizens, as well.
For readers unfamiliar with the name, Dennis Tueller retired with the rank of Lieutenant from the Salt Lake City, UT Police Department, taught at Thunder Ranch and International Training Consultants, the American Pistol Institute (Gunsite), Defense Training International, American Small Arms Academy, the U.S. Dept. of Energy’s training center, International Association of Law Enforcement Firearms Instructors and more. Currently he is with Glock Professional, Inc. as a firearms instructor teaching that company’s police firearms instructor and armorer courses.
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The Three Most Common Post-Shooting Errors |
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This interview with Massad Ayoob first appeared in the Network's February 2008 journal.
by Gila Hayes
The name of Massad Ayoob is well known to armed citizens, whether they have taken his training courses, or read articles published by this prolific author. All of the officers of the Network have felt his influence, both by participation in his classes, as well as the less direct influence of receiving training from other instructors who count Ayoob among their mentors. While we like to think we might have attained some measure of understanding of the legal peril following a shooting, our time with Massad Ayoob made that understanding foundational to our early work as instructors, and formed our individual defense strategies and tactics, as well.
Though best known as an author and instructor, Ayoob’s 36-year career has also encompassed extensive work as an expert witness and legal consultant, called upon when citizens or law enforcement officers face legal challenges after self-defense. This work links his name with a number of high profile cases dealing with defensive use of deadly force, and has made him a walking encyclopedia of self-defense case law.
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Finding An Attorney |
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This article first appeared in the Network's October 2008 journal.
by Marty Hayes, J.D.
As members of the Network have discovered by watching our three DVDs, we believe the armed citizen needs to carry in their wallet or purse the name and phone number of a local attorney, who is a member of the local bar association, on whom they can call as soon as the cops show up and start asking questions after a shooting. So how does one find that attorney?
First, one of the benefits of being a member of the Network is having access to our Attorney Referral list. But, as our members know, we do not yet have a lot of names on that list. That will change over time, and one of the primary missions of the Network is to expand that list and make it a valuable part of the member benefit package. We will not rest until we have at least one attorney in every state, and every major metropolitan area in the country. But, until that time, you still need an attorney! This article will help you find that attorney. And, when you do find that attorney, we would appreciate his or her name, since the contact is valuable to other Network members living in or visiting your city or county.
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