Should I Get An Attorney For Self Defense Incident: Self Defense Aftermath Effects Part 3

Published on June 7, 2019
Duration: 14:36

This video, featuring insights from Criminal Defense Attorney Tom Grieve and Executive Editor Kevin Michalowski, details the critical legal steps following a self-defense incident. It emphasizes understanding post-custody legal situations, the purpose of police follow-up statements, and the intricacies of the discovery process and initial court appearances. The content highlights potential prosecutorial strategies and the importance of legal counsel throughout the aftermath.

Quick Summary

After a self-defense shooting, release from custody doesn't mean you're in the clear. You may face bond conditions and police follow-up statements are common, often to assess demeanor. The legal process involves initial court appearances, probable cause statements, and a lengthy discovery period, potentially taking months to resolve.

Chapters

  1. 00:00Introduction: Self-Defense Aftermath
  2. 00:20Post-Custody Legal Situation
  3. 00:30Police Release Decisions
  4. 01:21Anticipating Police Follow-up
  5. 02:20Purpose of Follow-up Statements
  6. 03:15Legal Process Delays
  7. 04:25Being 'Out of the Woods'
  8. 05:46Charges Filed: Initial Court Appearance
  9. 06:41Probable Cause Statement
  10. 07:17Prosecutor Strategies
  11. 08:38Example of Overcharging
  12. 09:07Initial Court Hearing Procedure
  13. 10:29Discovery Process and Case Duration
  14. 11:52Defense Strategy and Time

Frequently Asked Questions

What happens immediately after being released from custody following a self-defense shooting?

After release, you may not have your firearm and could have bond conditions. The immediate concern shifts to the next steps in the legal process, as police decisions at the scene are often preliminary, leaving the District Attorney to make the final determination on charges.

Why do police request follow-up statements after a self-defense incident?

Police seek follow-up statements not just for factual clarification, but primarily to assess the individual's demeanor and consistency. Attorneys advise clients to be well-rested and de-stressed before providing any statement to ensure clarity and avoid misinterpretations.

How long does the legal process typically take after a self-defense shooting?

The legal process can be lengthy. While misdemeanors might resolve in 3-7 months, felony cases often take 5-12 months, and complex self-defense felony cases can extend to 7-14 months due to the discovery process and evidence gathering.

What is a probable cause statement in the context of a self-defense case?

A probable cause statement is presented at the initial court appearance. It outlines the state's initial case to establish grounds for charges, but it is not considered evidence or a complete, balanced account of the incident.

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