RW>So only people who are guilty don't want to answer
  >questions?  One of the things a lot of people teach in
  >their CCW classes is to carry a lawyer's card in their
  >pocket and if they are ever involved in a shooting to
  >say nothing but "I want my lawyer.  I will not talk
  >until I have legal counsel.  I want my lawyer here's
  >his card.  I want my lawyer."
RW>Is he guilty or is he just trying to CYA in a legal
  >system that can take the smallest word he says under a
  >stressful situation and hang him by his most favorite
  >organ?
CH> Rich, he certainly has the right to remain silent and demand
CH> to be allowed to have his attorney assist him during any
CH> questioning.   However, even a subject under investigation
CH> has to sometimes use a little common sense when defending
CH> himself.........especially when he's absolutely innocent. 
But in this day and age is anyone absolutely innocent?
What is the DA or a lawyer in a civil going to make of
a statement made right after a shooting?  If the
shooter says; "He was coming at me, I had to kill him."
That would be a statement you might expect form someone
who had just had to use deadly force, correct?  How is
that going to be used an a court room?
Lawyer;   Now Mr Jones wanted to kill Mr Smith, right?
Jones;    No.
Lawyer;   But didn't you tell the officer at the scene,
          and I quote "He was coming at me, I had to
          kill him."
Jones;    Yes
Lawyer;   So you didn't want to just stop him you
          wanted to kill him.
So the best thing to say is; "I will answer any
questions after my attorney is present.  Until then I
exercise my right to remain silent." or put another
way; "Lawyer, lawyer, lawyer.  I want my lawyer."
CH> For example, if an officer approached  you and said "Tim
CH> Smith,.......You are under arrest", it would be kind of
CH> foolish for you to remain silent instead of immediately
CH> saying I'm NOT Tim Smith, I'm Rich Willbanks....do you want
CH> to see my I.D.?  Do you see my point?
That's different but I'd have a problem either way.
Most of the time I don't carry ID on me, most of the
time all I have on me is a couple of bucks in one
pocket or the other.  The only real ID I have any more
is my DL and I keep it in the car.
                      Remember:  Freedom isn't Free!
--- timEd-B11
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