Question of the Day: Do You Have an Attorney On Speed-dial?

In the case above, a Florida man drew down on a process server who invaded his home. After his acquittal on brandishing carges, he tells it like it is. “Luckily, I’m in a position where I was able to have two very good attorneys [to] handle this case. The average person . . . would have either be in jail right now [or] they would have taken a plea deal.” As you know . . .

the end of a defensive gun use is not the end of the incident. If you live in an anti-gun rights state — and maybe even if you don’t — you could be facing trial. Both criminal and civil. You’re going need all the legal help you can get.

Are you ready for the legal and financial aftermath of a defensive gun use? I’m a member of Texas Law Shield (not a paid endorsement). Do you have a lawyer on speed dial?

comments

  1. avatar Rokurota says:

    Married to one.

    1. avatar Katy says:

      Yeah, but.

      The danger on relying on family to be your attorney is that emotion has a habit of getting in the way of making sound decisions. That goes for any sort of law – criminal, transactional, family, etc.

  2. avatar Rokurota says:

    Not judging, but my 10-year-old knows better than to open the door when the adults are unavailable.

  3. avatar former water walker says:

    Yes. Yes I do. I’m looking into law shield and the like…

    1. avatar James Earl Hoffa says:

      US law Shield I can’t recommend enough I had a situation where a guy ran up to me in the Walmart parking lot with a hoodie and sunglasses at 9:30 p.m. and I pulled my weapon and kept it at the low ready and told him hey buddy you don’t want none of this better keep on running and he turned around and ran off so I called the police and reported the incident and then I called them and the attorney advised me right over the phone what to say and by this time it was almost 11 p.m. it’s a great program like I said I’ve had it for over a year now had to use it one time won’t leave home without the card in my handgun.

      1. avatar The Gray Poseur says:

        Dude, first rule, don’t call the cops on yourself. Good Lord.

        1. avatar James Hoffa says:

          First off you are completely wrong and what you just said. If you pull your firearm to defend yourself even if you do not shoot it you must call the police and report it. Because the more on that you pulled the gun on that was the aggressor could just as easily call the cops and tell him and tell them rather that you just pulled a gun on them and when they stop to Frisk you guess what you have a firearm matching his description bad news for you when all you had to do was call the police and report the incident to begin with like you’re supposed to that has to do with being a law-abiding gun owner. People that break the law like you are suggesting do not need to possess or own a firearm you’re one of the problems with today’s culture.

  4. avatar VellaPerosa says:

    if my life was in such a constant state of me needing an attorney…i think i would re-evaluate just about everything.

    1. avatar Arc says:

      This.

      I need to add mine to speed dial but Ideally if the area is this shitty, seek life elsewhere.

      1. avatar Jonathan - Houston says:

        You need to commit yours to memory because when the time comes, your phone may be lost, broken, dead, confiscated, or otherwise unavailable.

        1. avatar James Hoffa says:

          all of these programs give you a membership card and a real easy 1-800 number to remember. Plus you always want to tell the officers that respond that you will comply and work with them to resolve the situation once your attorney is present and make no other statement.

  5. avatar neiowa says:

    Yes.

    And the County Sheriff (can’t hurt to be on 1st name basis even if he is a progtard).

  6. avatar James Earl Hoffa says:

    I use us law Shield it’s basically a attorney service that I pay a monthly fee to that if I’m involved in anything involving a firearm or legally possessed weapon they automatically cover me with a million dollar retainer and I have an emergency 24-hour card I carry in my wallet that I call directly after calling nine-one-one and they have an attorney meet me at the police station. Sometimes at the crime scene. Plus the attorneys they provide specialize in gun rights and second amendment rights and they’re up to speed on gun law in the state that you called them in I pay a couple dollars more each month to cover me in all 50 states. It’s something everybody should have if you carry a firearm for self-defense.

    1. avatar The Gray Poseur says:

      Nice advertisement.

      1. avatar James Hoffa says:

        I know it kind of seems like an advertisement but I can assure you that I am not affiliated with us law Shield or any other attorney organization. However I have three parents that are police officers in Florida and they have told me that they even carry this Protection Program. It doesn’t matter if you know the county sheriff or a couple of law enforcement officers on the job. I work on our local PD’s AR-15 Patrol rifle and do some Gunsmithing for them in the PD and basically if you are involved in a self-defense shooting you don’t want to be speaking even to your friends if they’re wearing a bad they can still testify against you in a court of law. Plus it’s not going to help you in any way shape or form to be friends with the Law Officers investigating the crime. You need real protection in the only protection you will get that works is an attorney that can defend your constitutional rights and keep your butt from being the put behind bars. I have heard horror horrible stories about people in the State of Florida getting railroaded and basically losing their jobs their lives their homes their wives all because they were legally defending themselves with a firearm however with no attorney representation. I mean it’s America man you don’t have to get this stuff but talk to a couple of people that have been involved in situations like this and they will sure you an attorney is the only way to go and the services are dirt cheap to be insured. Plus if they don’t press any criminal charges the parents or spouse of the asshat that you shot in self-defense can still come after you civilly which is ridiculous in my opinion.

  7. avatar JasonM says:

    I use the Armed Citizens’ Legal Defense Network. If I call them, they’ll find a local lawyer and send him to help me.

    1. avatar MamaLiberty says:

      Armed Citizens Legal Defense Network! Yes. I researched every other outfit I could find, and this is the best by a long shot. At least it is for me. I am in a “gun rights” good state, and I do not travel anymore, but this Network would be best even if I did. I am friends with both the county sheriff here, and the county DA, also well known locally – which is all good, but doesn’t alter the need to think ahead.

      If I never need to use this service, I think the small annual fee is well spent and helps other member who do need help. A win/win.

    2. avatar Rick the Bear (MA to NH) says:

      “If I call them, they’ll find a local lawyer and send him to help me.”

      I’m also a member, but I didn’t wait. I used their affiliated attorney list to find one (sort of) near me. We chatted on the phone for about 45 minutes. She sent me a bunch of articles to read along with a recommended reading list. She also gave me instructions on what to do after a DGU.

      Now if I need her services (G-d forbid), we have some basics out of the way.

  8. avatar James Earl Hoffa says:

    Yeah same with us law Shield there are a couple out there that you can get the bottom line is you need to make sure that they cover you with a large retainer because it is very very expensive to hire forensic people investigators and all kinds of other stuff DNA testing all the way down to microscopic analyzation it could be anything and it can happen anywhere to you in the best bet is to have the protection just like you do on your car and your home just in case shith happens.

  9. avatar Hank says:

    No. Can’t afford that, and even if I could, I still probably wouldn’t. I do personally know some good lawyers in town, however. As the above commenter said, if I felt I had to have one on speed dial, I’d probably re-evaluate my life choices. Or if I suddenly became uber rich/CEO of some company where a lawyer is required for buisness decisions.

    1. avatar James Earl Hoffa says:

      Statistics prove that if you are involved in a self-defense shooting that a lawyer and Investigative Services to prove that you were just in your actions will run you well over $500,000 so basically you get stuck with a public Pretender to defend you against some guy or some girl or some group of people that have the prosecutor and their own personal attorneys you could very easily be legitimately railroaded you need to protect yourself and for a few hundred bucks a year you’re stupid if you don’t.

  10. Luckily, we’ve got a couple of lawyers in the family!

  11. avatar MLee says:

    My long time lawyer resigned in lieu of being dis-barred. I have to be good now. No more being a douche. Too bad also because there was more than one time I walked out of court with a lot of people in the court were looking at me with their mouths open.
    The last time was just a seat belt ticket but we arrived late, got taken first, I never said a thing and had the case dismissed. I turned to leave and again… people were sitting there with their mouths open looking at me with that look of…who the f— are you?
    It’s simple, dress up nice, have a good lawyer, never admit to ANYTHING and NEVER TALK TO COPS!!

    There was this one time my lawyer was the judge pro tem and I had racked up like six infractions. They were total bullshit though. He dismissed every single one and when I turned to leave, mouths were hanging open.
    I will miss that….sort of. I better call Saul now.

    1. avatar Paul says:

      You could always try becoming a law abiding citizen.

  12. avatar Ohsoright says:

    Nope. No speed dial. That means you need to have your cell phone and if you don’t know it, you may need to unlock your phone in police custody. This hands them a lot of evidence they don’t need to have. Memorize your attorney’s number.

    1. avatar Alan Esworthy says:

      Thank you. Obvious in hindsight, but I hadn’t thought that part through. Much obliged.

  13. avatar Roymond says:

    One more example of a system that fvcks the poor.

    I can’t afford a lawyer anyway. If it comes to that, I have an agreement with an attorney who’s on the court-provided list: I call him, then I ask for a court-appointed attorney and just find something wrong with every one I get till I’ve run through the list to get assigned to him.

  14. avatar jimmy james says:

    Not no, but hell no. The first part of the poster’s scenario is a fail for me. “If you live in an anti-gun rights state…”
    I’m retired. I have no reason to live/stay in a anti-2A state. My state has open carry and licensed concealed carry. We have have the Castle Doctrine and Stand Your Ground. We are pushing for constitutional carry but the influx of idiot Yankees looking for work, voted a Dem into the Governor’s mansion and he is as anti-gun as they come. If the state assembly can’t keep him in check, I’ll be moving to a Constitutional Carry State.

  15. avatar Al - WI says:

    Both USCCA and Armed Citizens Legal Defense Network get my money. In addition, I have already contacted a local self-defense savvy lawyer recommended by them. The lawyer already has my training records in a sealed, Registered envelope JIC.

  16. No law shield in kommiefornia. Only choice is Legal Defense Network or USCCA.

  17. avatar bay area Bill says:

    I am in California, also.

    What about something like Legal Shield, or those general legal help companies that you sign up for and pay a montly fee? Do the ones above all specialize in self defense/gun issues?

    Thanks

    Bill

    1. avatar James Hoffa says:

      Yes Bill all of these that we spoke about so far like us lawshield Texas law Shield and a couple others were mentioned these are specifically designed to represent you in the case that you have to use your hand gun in self-defense whether you’re in your home in your car or in another state minding your own business when something bad happens. The attorneys on their roster specialize in Firearms defense cases and are hand-picked in every state so that you don’t get some divorce attorney at 2:30 in the morning when you need a self defense gun lawyer. Basically a lot of these services have monthly fees with a membership card and some have Annual fees I went with the one I did because it was only $13 and like $0.95 a month instead of having to Shell out three or four hundred bucks at one time which I couldn’t afford either. I hope this helps you Bill check into it and see what you come up with have any questions hit us up here.

  18. avatar James Earl Hoffa says:

    US law Shield is only $13.95 a month if you can afford that then you probably can’t afford bullets for your gun either.

    1. avatar The Gray Poseur says:

      Bullets??

      1. avatar Paul says:

        No wonder I can’t hit anything!

  19. avatar Carl says:

    I have Texas law shield but not sure how much it will help in NJ.

  20. avatar Lance Manion says:

    Here are the findings of fact of the judge that heard (and denied) the Stand Your Ground motion (tells a different story than the news video):

    The facts of this case:

    With the above authority as guidance, and after considering the evidence presented at the hearing, the court denies the Motion to Dismiss, as the defendant has not met his burden to prove by a preponderance of the evidence that his use of deadly force was reasonably justified. The evidence does not show any “imminent death or great bodily harm” nor the “imminent
    commission of a forcible felony. ” § 776.012(1). Nor does the evidence establish that the defendant was “attacked in any place where he or she has the right to be.” § 776.013(3). Nor is there any evidence that the victim “forcibly entered the [defendant’s] home or occupied vehicle.”

    The evidence clearly establishes that the victim, 69 year old Marcia Gillings was attempting to serve process on the defendant on July 21, 2015. The court finds the testimony of Marcia Gillings to be credible, and generally corroborated by the transcript of the 911 call (Defense Exhibit 4) and the transcript of a phone call (Defense Exhibit 5).

    The defendant’s testimony could be fairly characterized as overwrought. The essential facts necessary to determine a Stand Your Ground claim, are the circumstances immediately surrounding the use of deadly force. The defense went off on immaterial diversions which have no bearing on the use of force. The first immateriality relates to the interaction between the victim and the defendant’s son. The defendant was not present when this interaction occurred and he had no specific knowledge regarding the interaction. Quite simply, it could not have been a factor in his decision to threaten the use of deadly force. The defendant did not witness any interaction between the victim and his son. He testified when he came in the house he did not even see his son. He spoke to him through his bedroom door. He said that he sensed that his son was upset. From this limited interaction he could not reasonably conclude, as suggested in the defendant’s motion, that he was preventing the commission of a “burglary of a dwelling with a battery upon a minor child” since those facts were completely unknown to him at the time he brandished the firearm.

    The second immateriality relates to whether the victim deviated from accepted protocols or procedures for the proper service of process. A person is entitled to use deadly force or threaten the use of deadly force if he is being threatened with the “imminent death or great bodily harm” or the “imminent commission of a forcible felony” or that he was “attacked in any place where

    The defendant testified under oath that he never saw his son, but only communicated with him, very briefly, through his bedroom door. In contrast, the defense motion said that he “momentarily sees his son and senses alarm.” Either way, it would be totally reasonable to believe that the victim had just committed the forcible felony of Burglary with a Battery based upon this extremely brief and limited interaction.

    2 “Forcible felony” means treason; murder; manslaughter ; sexual battery; caijacking; home­ invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery ; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which invol ves the use or threat of physical force or violence against any individual. Fla. Stat. § 776.08 . Trespass is not a “forcible felony”.

    lte… ltas tlte rigltt to be” or that the victim “forcibl y entered the [defendant’s] home. Quite simply, “improper service of process ” is not an enumerated ground for the use of deadly force.

    The defendant testified that Ms. Gillings, a 69 year old woman, was “50 to 60 feet” away from him, standing in the threshold of the door when he “pulled my weapon.” He said “you’re trespassing “. She tossed what was eventually determined to be legal papers into the home and said “you have been served.” He claims that he followed her as she left because “it could have been a swarm on my house” [part of a larger plot to burglarize or rob his home]. But that claim is inconsistent with his own testimony and the testimony of his wife. After Ms. Gillings said, “you have been served” they realized that Ms. Gillings was a process server. The defendant ‘s wife, Katrina Bank, testified that after she said “you have been served” we “started to realize” that she was serving civil papers. She testified that the defendant “put the firearm down on the dining room table, picked up the papers, and he figured out that it was a civil process server.” She said her husband , “kinda smiled, and said ‘you dumb broad”‘. But rather than stop and call the police, the defendant followed after the victim, gun in hand, to toss the legal papers back at her. See also, Transcript of 911 Call, Defendant ‘s Exhibit 4 at p. 2.
    The case of Brown v. State, 135 So. 3d 1160, 1 161 (Fla. 1st DCA 2014) holds that the defendant must identify the particular statutory basis or avenue upon which he or she relies to justify the force used:

    In order to sufficiently raise a claim for immunity under section 776.032(1), the defendant must identify the particular statutory basis or avenue (section 776.012; 776.013; 776.031; or any combination thereof) upon which he or she relies to justify the force used. The potential for confusion in the absence of such specification is illustrated by the certified conflict and question of great public importance in the Second District’s Little decision and the conflict with the Fourth District’s Hill decision certified in Bragdon v. State , 123 So. 3d 654 (Fla. 4th DCA 2013).).
    However, the defendant’s motion only references Fla. Stat. § 776.032. The defendant has failed to establish a claim for immunity under either section 776.012, 776.013 or 776.031. Fla. Stat. § 776.031(1) allows the use or threatened use of force, except deadly force, to prevent or terminate a trespass. Fla. Stat. § 776.031 (2) only permits the use or threatened use of deadly force to prevent the imminent commission of a forcible felony. Again, trespass, even when combined with “improper service of process” does not constitute a forcible felony.

    The Defense has failed to prove even by a mere preponderance of the evidence that the defendant had a well-founded fear of suffering death or great bodily harm at the hands of the victim. Accordingly, the defendant’s Motion to Dismiss is denied. This order, of course, does not prohibit the defense from submitting the matter to a jury as an affirmative defense in his criminal trial. Dennis, supra. Peterson, supra.

    1. avatar Mark N. says:

      Yeah yeah yeah. I can’t say I agree with the judge, but here in California there is a presumption affecting the burden of proof that anyone forcing their way into your home intends harm. And after 30 years in civil practice, I have NEVER heard of a process server keeping a door forcibly open, or telling someone that they could not close the door. They do NOT have that right. If someone shuts the door in your face, well that is just too bad–there are other ways to skin that cat. Now I do not know the law in Florida, but here you can “nail and mail” to effectuate personal service, which means taping the summons to the residence door and following up with certified mail to the same address. Why this bimbo tried to force her way in is beyond me. For the judge to conclude that the defendant had not proved he was “where he had a right to be” (and that the victim did not) is, under these circumstances, incomprehensible.

  21. avatar Docduracoat says:

    Lance,
    That was fascinating!
    I had no idea that here in Florida force is permissible to stop trespassing, but not deadly force
    I read that part about ” forcible felony” in the stand your ground literature but did not really comprehend it
    I have been wanting to get self defense insurance as I do not have the $10,000 laying around for a lawyers retainer fee should I draw my gun.
    My car is paid off this year, I will use one car payments’ worth of money to buy the insurance

    1. avatar James Earl Hoffa says:

      Call us lawshield and find out what it’ll cost you per month to and roll mine cost me $13.95 per month for all 50 states including California. $1000000 retainer and they have gun lawyers in all 50 states that they pick from so you’re not stuck with some more on that doesn’t know anything about firearms and the law that protect them and us. For the little amount of money that it cost it really is worth it.

  22. avatar Crowbar says:

    I have US Law Shield as well. They offer free member seminars, attorneys you can contact with questions before a DGU, 50 state coverage, bail bond assistance, etc. I would highly recommend them.

  23. avatar Frank in VA says:

    In the case above, the defendant Daryl Gene Bank is apparently a professional crook who runs investment fraud scams. He can afford the two good lawyers to get out of this gun charge because he has ripped off millions from investors.

    http://pilotonline.com/business/banking/virginia-accuses-radio-host-and-business-partner-of-million-investment/article_0cbbdf56-8ae5-56dc-8e33-44f169c693e4.html

  24. avatar A Pimp Named Slickback says:

    lolwut @ “The average person listening to this, the working-class person…”

    Well if you’re so haughty and princely pimpin, why you be havin dem process servers comin all up in yo crib, bro?

    Step your bill-payin game up, homey. Like us working-class, average playa-pimps.

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