Will you be arrested after a self-defense incident? Why are some people arrested immediately, some people arrested weeks or months later, and some people never arrested? The Armed Attorneys break down what you need to know about arrest after self-defense.
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Richard D. Hayes, II: @TXGunLaw
Emily Taylor: @2A_Attorney
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Will I be arrested after a defensive incident you won’t want to miss this one but stick around to the end because we do have to talk about the legal standard police have to meet to make an arrest now before we begin show your support for the Second Amendment by hitting that like button and Emily can you kick us off what are you telling your clients about, are they going to be arrested after a defensive incident yeah and you know this discussion’s a little bit harder because when someone calls in and i know where they are i can give them sort of a generally a good idea you know i can tell you this county or this police agency they’re likely to not arrest if it looks like justified self-defense or they’re going to arrest every single time and that’s because this really does vary it varies by jurisdiction it varies by county police officer it varies by what political winds are blowing the day that you have to use self-defense because what we’re really doing here is the government’s just kicking the can down the road a lot of times i mean yeah that kicking the can is the name of the game and this is what we see a trend in all jurisdictions across the united states is that no one person wants to be held responsible for the decision especially if someone’s died a police officer on the scene they don’t want the final decision to be rest with them the detective who reviews the case later they don’t want to make the decision the prosecutor is even even the prosecutors want to kick the can i’ll leave it up to a grand jury or leave it up to a jury they don’t wanna nope you know that’s the name of the game and how you get in trouble in government is you make tough decisions and so we see that happening people not using their discretion and the can getting kicked over and over and over again and it comes back to this important fact about most self-defense cases it’s what we call uh a plea and abatement you’re not saying i didn’t do it you’re saying i did it but it’s okay because this guy was trying to kill me this person was trying to you know murder my family this guy was robbing this stranger you know there’s a reason why we acted so it’s not like you didn’t pull out your firearm or you didn’t discharge it towards a person or you didn’t strike someone and so that makes it a little bit more complicated yeah and you know while we can’t tell you definitively that you are or not are not going to get arrested we can tell you a couple things um if you use you know deadly force against a stranger breaking into your home you are highly unlikely to be arrested on the scene yeah however those situations are few and far between i mean your your far more likely defensive incident it’s not a home invasion i can tell you that today you’re a little bit more likely to be arrested than you were yesterday tomorrow you’re going to be a little bit more likely than you were today because that’s just how the politics of these things are going um so i think that’s that brings us to our pro tip about arrest and the standard that police have to use um for rest do you want to get into that richard yeah and so it comes down to the standard of probable cause and just breaking down what what i say in layman’s terms i mean we have a definition from the united states supreme court but would a ordinary and prudent person based on reasonable and reliable information think that you probably committed a crime that’s kind of my my layman explanation of this and if the answer is yes you probably shot someone that’s really all that’s needed to arrest someone.
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