This article first appeared in the Network's November 2009 journal.
by Marty Hayes, J.D.
You cannot read an Internet firearms forum these days without running across a thread about what to say to the police after a self-defense shooting. The in-vogue advice from Internet pundits is, “Say nothing. Demand to speak to a lawyer.” And, that is very good advice, if you are a criminal.
If I were practicing law, which I could do if I wanted to take six months out of my life to study for and pass the bar, I would give that advice to all my clients who were criminals. After all, not much good can come from telling lies to the police, and certainly not much good comes to the criminal if he confesses to committing the crime. So, while well intentioned, the advice to keep your mouth shut until your attorney arrives has some potentially severe unintended consequences for the innocent.