TIP: Click on subject to list as thread! ANSI
echo: guns
to: JOHN PERZ
from: CLOYCE OSBORN
date: 1996-05-16 15:58:00
subject: Re: After the shoot

 JP> A couple of thoughts and a question:
 JP> According to Mas Ayoob, you will be given **ONE** phone call that
 JP> connects.  If you try to call a lawyer, and you get his service, you are
 JP> all done.  Therefor, you should probably call your spouse or a family
 JP> member instead, and THEY should know how to get a hold of a good lawyer
 JP> for you.
Not necessarily true (take anything Ayoob says with a grain of salt).  It all 
depends upon the jail personnel.  I know I've received a few telephone calls 
from the JAIL PERSONNEL advising me that they had one of my clients and that 
he'd asked for me.
 JP> If you want the BEST lawyer to handle a shooting, find out who the
 JP> police union retains to defend cops accused of a bad shoot.
Not necessarily.  Lawyers who defend civilians (especially if they do so 
successfully) tend to be on the union's list of "least favorite people".
 JP> I wonder if Cloyce or somebody else who knows about this stuff could
 JP> give us a few tips on what to expect if we have to arrange bail after a
 JP> shooting.
(This is written from the perspective of Oklahoma law - it may vary in your 
jurisdiction).  Generally, if you're accused of a major felony, you can 
expect to spend the night in the calaboose and then be brought before the 
magistrate the next business day (you say you got arrested on a Friday night? 
 You'll wait until Monday before you see the judge).  At the initial hearing, 
your attorney will be able to present argument for bail or to minimize the 
bail.  Bear in mind that most shootings are automatically considered 
"murders" and there is no right to bail - it has to be ordered by a judge.
 JP> Will the bail bondsman demand collateral?  I presume ones spouse could
 JP> sign any necessary papers, but what if you aren't married?  Might a
 JP> pre-signed power-of-attorney left with the appropriate person be a good
 JP> idea?
Yes, they do.  If bail is set, your spouse/parents/significant other can 
execute documents which pledge their home/cars/etc. in satisfaction should 
you jump bail.  They can also be expected to give the bondsman a fee of 7 to 
10 percent of the face value of the bail AT THAT TIME.
The idea of a pre-signed power-of-attorney normally won't fly with bail 
bondsmen.  OTOH, I've had a number of bondsmen call me in the middle of the 
night and ask "Do you know an old boy named XXXXXXX?"  When I said I did, the 
next question was "Reckon he'll show up in court? He don't have no collateral 
to put up."  "Yeah, I think he will."  "OK, I'll write his bond, then."
As an aside, when my daughter was 6 or 7, she had discovered the telephone 
and nobody was fast enough to get to the phone before she answered it.  One 
evening the phone rang and she grabbed it before I could reach it.  I heard 
her say "Well, Daddy's here.  Who's in jail, what is he charged with and how 
much is the bail?"  The caller was a bondsman and laughed about that for 
years afterwards.
Regards.  Cloyce.
--- EZPoint V2.2
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* Origin: Res Ipsa Loquitur, Indian Territory (1:147/34.13)

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