Wednesday, December 04, 2019

Treat All Firearms As If Loaded, Part The Umpteenth, Now With Lying To Your Prospective Attorney

Get a call from a prospective client, whop as it turns out is facing a Reckless, wanton use or negligent discharge of a firearm charge.

This is a misdemeanor and depending on what he did exactly is either up to 90 days or up to a year in jail and a decent fine of between $100-$500 attached.

His story starts with:

"My gun was defective, I dropped it and it went off in my garage."

He then went on to embellish it that he thought it was unloaded - yep yet again, thought being the operative word.

Then he went on to state the slide was stuck shut and he was going to take it to a gunsmith to work on it when he dropped it on the garage floor and it went off.

He then called the police on himself and then made a very full detailed statement to the police and then was charged. Apparently the round went through his garage and put a hole in his neighbor's garage so depending on the damage done the fine and potential jail time can differ.

Asking some questions about the event, he first can't remember even the model of the handgun in question, and he finally states it was a Ruger.

Anyone at this point want to guess where this is going?

Asking even more questions regarding the event and discussing the importance of accurate information in order to defend him from the charge, he starts hemming and hawing on the circumstances.

Then he finally states:

"Ok, it didn't actually fall and go off, I had pulled the trigger but I was sure it was empty and the slide was stuck so I couldn't check".

Yes, you may do a facepalm at this moment, I sure did on hearing it.

Look folks, lying to an attorney who will try to defend you from criminal charges is just not a good idea. It makes your defense that much harder and we're on your side. We'd rather have the truth and deal with it than try to defend you on a false premise you fed us that then blows up in your face in court.

Please do not lie to your attorney. The freedom you save may be your own.

After talking I explain what will likely happen process-wise and my need for a retainer (actually a ridiculously low one for this type of case but anyways), and he states he's going to try and handle it himself.

Good luck with that. I can guarantee the prosecutor will lose all sympathy with the guy once he starts lying, and if he rejects a deal and tries to defend himself in court the prosecutor will have him for lunch, and the jury will see right through it as he doesn't lie well, at all.

Once again, please don't lie to the attorney you want to retain to protect your rights. It doesn't help.


Ed Bonderenka said...

Lying is rarely good policy in general.

Old NFO said...

And I'm SURE you didn't take him as a client!!! Sigh... idjits...