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Kyle1886
01-04-2010, 12:03 PM
I have read in this forum and other firearm/laws related forums, threads relating to "Home Invasion/self defense" shooting and what to do immediately after. After the obvious, 911 call, etc. the opinion is to call "your" attorney after minimal disclosure to responding officers. In other words, respectfully decline detailed information and assure law enforcement that you will cooperate after you have spoken to council.

After an incident of that nature, trying to find an attorney versed in "in-home" self-defense shootings may not be as easy as looking in the yellow pages and dialing up a criminal defense attorney. One you may be locked up and your spouse/other will need to do the calling. With that in mind, I recently called two different "Attorney Referral" services in my county requesting information on criminal defense attorneys that have expertise in that type of case. Both services, stated that "any criminal defense attorney will be adequate." I am not confident in that approach, so I called a couple of attorney's listed in the yellow pages. "Attorney such-and such does not deal in hypothetical's...call back if you are arrested". Neither secretary would state if the attorney was versed in CA. weapons laws and/or self defense laws.

So my point "of lawyering up" or finding an attorney that suits gun/self defense needs may be more difficult than posed in these forums. Maybe I just called the wrong folks.

Does anyone in San Diego County have experience with any attorney versed in related law?

(If this is in the incorrect area, please relocate)

CAL.BAR
01-04-2010, 12:19 PM
True. There are no attys who specialize in "home defense shooting" cases. (Not enough volume to survive on that). That would be like asking for a personal injury attorney specializing in motorcycle vs. wheat thresher accidents.

An experienced criminal defense atty should be able to handle a self defense shooting case. Weapons laws not withstanding.

kf6tac
01-04-2010, 1:17 PM
If the issue is only self-defense, then it doesn't matter if it was a shooting, stabbing, bludgeoning with a lamp, etc. The law of self-defense is not specific to the method in which the defense was carried out, so any good criminal defense attorney will be well-versed enough to handle it. In the event that any specific attributes of the firearm used are relevant to the defense, an expert will most likely be retained to fill in the blanks.

Now, if there's more to the case than simply the self-defense aspect (e.g. they get charged for unlawful possession of the firearm used to carry out the self-defense, etc.), you might need an attorney who is specifically well-versed in weapons laws. But if all you need is someone to mount the self-defense aspect of the case, it won't really matter.

bwiese
01-04-2010, 1:27 PM
Yep, these issues are not necessarily specific to "gun lawyers" (although they'll do fine).

Any good criminal attorney can work fine. Gun vs. axe vs. blowtorch doesn't really matter.

The most important thing is to STFU and lawyer up. Your lawyer can't undo your stupidsh*t conduct/statements ("It was an accident, it went off...")

Glock22Fan
01-04-2010, 1:44 PM
Any defense lawyer may be satisfactory, but I personally would want one that was gun-friendly out of the courtroom, as there'll be more empathy there. In any event, you should personally be aware of p.c. 198.5 so you can a) be guided by it when the SHTF and b) so you can make sure you attorney knows it and uses it properly.


Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant
or substantial physical injury.

Kyle1886
01-04-2010, 3:24 PM
One of the reasons, for my post is that years ago I was a firefighter/EMT, got injured badly on the job. I hired then what was supposed to be the best workers comp attorney in the area. The attorney delegated my case to another fellow. Long story--short. I was his first or second case and I was poorly represented. (Facts that I did not know until I tried to appeal). I would not like a repeat situation in a "in home-SD case".

Thank you all for the feedback.

RandyD
01-04-2010, 6:43 PM
Kyle,

I am an attorney in San Diego, but my area of practice is not criminal law. I can refer you to a competent criminal defense attorney who was a former police sergeant. I could also refer you to an attorney who is a former police officer who was gravely wounded in a gun fight and had to retire as a result of his wounds and he is now representing police officers when they are involved in shootings. In my experience, many of the criminal defense attorneys that I have met are very liberal and do not own firearms, and this would not be a good fit for such a situation. I do not know any attorney in San Diego County that is well versed in firearms laws, as someone previously wrote, the market for such a service is uncommon. As far as Worker's comp attorneys, the percentage of recovery per case/client is low, and consequently these attorneys run their practices like a mill in order to make such a practice profitable. It is common for the lead attorney to turn the case over to a paralegal for most of the duration of the case.

L84CABO
01-04-2010, 8:34 PM
I had an instructor once that suggested using the same attornery that the police use for their officer involved shootings. Makes sense to me. A phone call to the San Diego Police Officers Association might prove fruitful. Or perhaps posting on the LEO board might yield some results.

Would love to know what you find out if you do post.

Peace

psycho_klown66
01-05-2010, 7:15 AM
I would also love to know who you found.

I also prefer to have a couple of lawyers' phone number in my wallet... just in case... :)

Kyle1886
01-05-2010, 7:55 AM
RandyD.

Thank you for your feedback. If possible I would appreciate the name/numbers of the gentlemen you reference. Hopefully, I or a family member will never have to call or utilize their services. You can either PM me or post here the information. (Thank you for your military and community service).

Kyle

RandyD
01-05-2010, 9:51 AM
Kyle,

P.M. sent

crin63
03-01-2010, 7:03 PM
I was talking with a group of my friends last night and the question came up about what attorney to call right from the get go if one of us should ever have a firearm related issue, even if its for using it to protect a life. None of us have criminal attorneys here in the Los Angeles area. Does anyone have a suggestion of an attorney just for future reference? A PM would be great. Thanks.

otteray
03-01-2010, 8:56 PM
Maybe try the attorneys that support and advertise on this site.
Hint: go to the sponsors link at the top of the page.

crin63
03-01-2010, 9:22 PM
Maybe try the attorneys that support and advertise on this site.
Hint: go to the sponsors link at the top of the page.

Thanks, I never noticed the sponsors link before.

JDay
03-02-2010, 12:44 AM
Don't even make a statement after the shooting. The only statement you should make is that you are too shook up to talk. Let everything else go through your attorney.

JDay
03-02-2010, 12:48 AM
I was talking with a group of my friends last night and the question came up about what attorney to call right from the get go if one of us should ever have a firearm related issue, even if its for using it to protect a life. None of us have criminal attorneys here in the Los Angeles area. Does anyone have a suggestion of an attorney just for future reference? A PM would be great. Thanks.

http://www.michelandassociates.com/

crin63
03-02-2010, 11:40 AM
http://www.michelandassociates.com/

Thanks!
I sent the info to my group of friends.

dav
03-02-2010, 12:20 PM
This is not a recommendation - merely information.

http://www.armedcitizensnetwork.org/ is a fairly new group that was started to address this situation. You may want to look into it.

Again, not a recommendation - but I am a member and it gives me peace of mind knowing who I will call if there is ever a need. Never having had the need, I do not know how satisfied I will be with the results.