It is expected that if you have to use lethal force that the police will likely attempt to question you about the incident. Have you ever given thought to what your family may say to the law enforcement at the time and how that could impact you and your case?
WHAT WILL HAPPEN TO MY FAMILY MEMBERS AFTER?
Much like the adrenaline that is pumping through someone who just had to use lethal force, a witness to an event or knowing that a loved one has just had to defend themselves could cause a person’s adrenaline to rush or maybe even panic. When the police arrive, they will separate the family from each other. The parents will be separated from one another and the children as well.
Once this happens the police will try to gather statements from everyone independently. This is to ensure everyone’s account of the event is the same. If it is different than a statement that another family member has given it could lead the police to believe that someone may not be telling the truth or possibly covering for someone else. Make sure you have the facts of what happened and not guessing about what may have happened.
DOES MY FAMILY HAVE ANY RIGHTS IF THEY ARE NOT INVOLVED?
If an act of Self Defense happens your family will NOT have any special rights simply because they are family. They don’t have a right to remain silent, nor do they have a right to an attorney. However, the family does not have to make a statement if they choose not to make one. Only the person that used lethal force is afforded rights at the initial questioning. The family can request an attorney if they so desire before talking to the Police to make sure nothing is said that could incriminate themselves or other family members. This would also apply to any other people that may be in the house or the scene at the time. Friends, family and guest do not get any special privileges.
THINGS TO REMEMBER
• You will be separated from you family for questioning.
• Your family members can contact a lawyer to help with the Police questioning.
• Advise law enforcement you are awaiting an attorney before you make a statement.
• Remain silent until you have had a chance to talk with attorney.
• If you are a member of Firearms Legal Protection and have used lethal force to protect yourself or others, call the Emergency Hotline. We will get an attorney out to you immediately. If you are not a member, find an attorney who can help you as soon as possible.
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The Information given on this website is not legal advice. The information that may be posted in any format on this website is of a general nature and should not be construed in a person’s own situation as legal advice. If you so desire legal advice please consult an attorney in a one on one setting in order to get legal advice that pertains to your unique circumstances.