Exactly points I go over in my CCW classes.It Doesn’t Have to Make Sense: It’s Just the Law - Statements
..Written statement, a VERY BAD idea!
There is a cynical defense attorney saying: “Anything you say will be misquoted and used against you.”
complete silence is the only bulwark against these mistakes.
The first words out of the caller’s mouth should be the location of the incident. If the battery then dies, or the minutes run out, or some other technological catastrophe occurs the authorities will know that something of interest is at that location, and the caller’s cell phone records can prove that he or she made the call. The next statement is the caller’s name. The core of the 911 call consists of three sentences:
“He tried to kill me.”
“I was never so scared in my life.”
“Send an ambulance.”(5)
1. He attacked me.
2. I will sign a complaint.
3. There is the evidence.
4. I WANT A LAWYER.
The demand for a lawyer is both the best thing one can do, and a damaging statement. Anyone who is questioned by police has the right to a lawyer; this includes victims. The problem is that the police, and potential jurors, take a demand for a lawyer as evidence of something to hide. To compound the problem, the victim’s decision to remain silent and demand for a lawyer can be used again him or her in court. In the criminal system, one does not have rights, until arrested; it doesn’t have to make sense, it’s just the law. It is a left-handed fortune that people who act in self-defense are routinely arrested. It may be called something else such as “detained” or given the “Alice in Wonderland” explanation “You’re being handcuffed for your own protection.” Whenever a person is not allowed to leave, he is placed under arrest regardless of descriptive terms. If one is arrested, generations of TV shows advise us to remain silent.