IF it happens, what procedure do the leo's take? I had a cop tell me that no matter what you will be charged with murder and booked. Then they will release you if its self defense. That makes no sense to me. Any officers care to chime in?
I'd imagine its very much a roll of the dice depending on the jurisdiction, the level of training and experience of the responding officers, along with what their initial impressions of the circumstances at the scene. You being prepared for such an event will likely have some impact on the way things play out in re: what happens to you.
The facts and circumstances of the incident, as they appear to the first responding officers who ask you and other witnesses (if any) what happened, will probably determine whether you are charged with murder or left at the scene to go on living your life a free man while the cops, detectives, and later the DA consider filing charges. Now you have to realize that "somebody" has to make out a self-defense claim, to avoid somebody being charged with murder for that dead body at your feet. If YOU don't tell the cops it was self-defense and that it was necessary to shoot him to save yourself (your family, whatever), then who will? Is there another witness to do it? If you lawyer up right away, and say nothing to explain your conduct at all, I think you would be charged with murder. Then a few days later when your lawyer meets you in jail, you can consult with your lawyer and then tell your self-defense story to the detectives, which should prompt the DA's office to agree to a big reduction of your bond now, and probably dropping the charges entirely soon after. (If your story fits all the physical evidence at the scene. If it is believable. If it is not contradicted by what other witnesses have said.)
Its somewhere around here, but I can't find it. But attorneys here said that if you have someone else that can call 911 for you, get them to do it. Once 911 is called, hopefully by someone else, then call your attorney. If you're completely alone, then you will be forced to call 911 first. What you say on record for 911 can be used against you.
Masaad Ayoob talks about the whole "to lawyer up or not?" issue quite a bit too, and he seems to be a proponent of stating the facts of the situation to the initial responding LEO's (as gunsmoker here suggests might not be a bad idea assuming you want to spend as little time locked up as possible). The reason being is that if you let the responding LEO's do all the work with no info about what happened--something that may help prove your case may be overlooked, or interpreted in a different/wrong way, depending on that LEO's first impressions. If I were ever involved in such a situation myself, I'd like to think I'd give enough info to let the officers see clearly what happened, and I'd like to think I wouldn't answer any random questions that don't have to do with me protecting my own life or the lives of my family (questions that could, in the end, be used against you in some way whether it be in criminal court or civil court).
http://www.youtube.com/watch?v=i8z7NC5sgik I like Massad, but the end of the day he is a police officer, not a lawyer. http://www.youtube.com/watch?v=08fZQWjDVKE&feature=related
What GS said. Also, in a lot of instances, people don't get arrested automatically. They might just be asked to come down to the station house for questioning. In a lot of cases, and this is just my opinion, I think a lot of that has to do with getting someone away from the scene of the shooting, both as a way of giving them time to gather their thoughts, and also as a way of moving them away from the chaos and confusion that follows, such as the investigation, neighbors, officers, etc.... I agree with the others though... don't make any sworn statements without legal council present.
Does anyone have any attorney recommendations in the Atlanta area? I hope I'll never find myself in this type of situation, but it's good to have someone to call in the unfortunate event one's needed.
Doug King. He occasionally posts here as DKing and frequents AR15.com under the same name. http://lawyers.law.cornell.edu/lawyer/michael-douglas-king-ii-335698
That's what I assumed how it would be. Just very shocking for a leo to say no matter what, you get charged and booked.
He may not be an attorney, but considering his involvement all the way into the courts, I'd consider his advice to be just about as good as it can get for not having to pay for it.