Questions about Lawyer

RyanEOD

Member
So, I have heard MANY times to have a Lawyer on retainer already and his card with you if you are ever involved in a shooting event. At my CCW class they spoke of even just paying someone a small amount so officially they are on retainer if I ever do have a situation. So, since I am not from here and only have lived here about 4 years I am looking for recommendations? Do we have any sponsors that are lawyers? Anyone have anyone they recommend in the Rock Hill/Fort Mill/Tega Cay area? Anyone have a lawyer who would recommend a lawyer up here? I just mailed out my packet to SLED a week ago, so I have around 90 days before I get my permit, but before I start carrying I would like to have this ironed out.

Thanks!

-Ryan
 

The General

New Member
Ryan,

Although I would never discourage you from getting the name and contact information for a good lawyer, I would say that the chances of you needed one (for a shooting incident) is slim to none. First of all, the odds of being in a shooting is pretty small, and second, if its a self-defence shooting, you can't even be charged.

In this part of SC (York), the Sherrif is Pro-gun/Pro-self defence.

Again, I won't discourage you, but don't get yourself all spun-up about carrying. Once you get your permit, since you're legal, the good guys won't care about the bulge under your shirt (after all, its legal). So don't worry about tugging at your shirt to make sure its not obvious (newby error).

Good luck and welcome to the world of Gun - Toters!!

-Mike
 

C_Carson

New Member
In my opinion having a lawyer on call is a lot like having a gun; just in case you might need one, you'd rather have one than not.

Take the guy in New Hampshire, for example. Plus, you don't just need a lawyer for court; if you are ever questioned by the police, consult your lawyer first.

I'm considering "interviewing" lawyers in our area to see who would be the best fit to represent us in the event we need it.
 
Snip

The General said:
if its a self-defence shooting, you can't even be charged
Says who? Self defense is an affirmative defense. If you are claiming self defense, you are admitting to having committed an act which is normally against the law, but due to the circumstances, is excusable. If this act occurs in the middle of the night, I think it wise to call your attorney before saying anything to the police. It's difficult to call your attorney if you don't have one.

In addition, you need not even use your gun to be charged with a crime while carrying a gun. There are numerous examples of gun carriers charged with contempt of cop who had to defend themselves in court.

Staying out of jail might depend on not picking the attorney listed first in the yellow pages.
 

The General

New Member
John,

SC laws says so, that's who:

SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs. [SC ST SEC 16-11-450]

(A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force,

(B) A law enforcement agency may use standard procedures for investigating the use of deadly force as described in subsection (A), but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.

-Mike
 
The General said:
John,

SC laws says so, that's who:

SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs. [SC ST SEC 16-11-450]

(A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force,

(B) A law enforcement agency may use standard procedures for investigating the use of deadly force as described in subsection (A), but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.

-Mike

So no person in SC who claims to have defended themselves with lethal force has been arrested based on the evidence found at the scene and had to defend themselves in court? I doubt it. You don't get to pick where your battles take place, or what picture the evidence paints, or who's friend the witnesses are.

As I said, for you to benefit from a defense of self defense, you will have to admit to using lethal force. Any statement I make to the police while they are invetigating any crime will be with my attorney. Obviously other people are free to not know who the best criminal defense lawyers are because they can never be arrested.

Remember, there are other things that people have been arrested for that they didn't do.
 
To the OP. When you've figured out who is a decent criminal defense lawyer (and 2A friendly) put their contact info over here :http://www.palmettoshootersforum.com/viewtopic.php?f=42&t=2581

I started that thread a while ago and it hasn't seen much action.
 

RyanEOD

Member
John Canuck said:
To the OP. When you've figured out who is a decent criminal defense lawyer (and 2A friendly) put their contact info over here :http://www.palmettoshootersforum.com/viewtopic.php?f=42&t=2581

I started that thread a while ago and it hasn't seen much action.
John, I was HOPING to get some recommendations here, that didn't pan out. I will start digging. I might ask over at the range and the folks who taught my concealed class. . . . I will do some digging.
 
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