Videos tagged with Prosecutor Discretion

This video, featuring retired law enforcement officer Kevin Michalowski and former prosecutor Tom Grieve, provides a critical look at the legal realities of drawing a concealed firearm. It emphasizes that drawing a weapon, even without firing, can lead to significant legal challenges due to subjective witness accounts and prosecutor discretion. The core message is to understand the high legal threshold for using deadly force and the potential consequences of drawing a firearm prematurely.

This guide, informed by legal experts Tom Grieve and firearms instructor Kevin Michalowski, details the complex legal landscape surrounding self-defense shootings. It covers potential criminal liability for collateral damage, the 'Doctrine of Transferred Intent,' the crucial role of prosecutor discretion, and the importance of selecting appropriate ammunition like JHP to minimize risks. Proper training and legal counsel are emphasized for navigating these serious issues.

Defending oneself in a self-defense case can incur substantial legal costs, often ranging from tens of thousands to hundreds of thousands of dollars. Attorneys typically charge via hourly rates with retainers, or flat fees that may exclude trial or expert witness expenses. Prosecutors have significant discretion and resources, making robust legal representation essential, as charges like first-degree murder can carry life sentences.

In the event of a self-defense shooting, police will seize the firearm used as evidence. While you will eventually get your gun back, the timeline can be lengthy, potentially exceeding two years, as demonstrated by the Kyle Rittenhouse case and an early Wisconsin concealed carry incident. The return of the firearm is contingent on the investigation's outcome and the prosecutor's discretion, with anti-gun states potentially delaying returns.