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Legal Protection or No Legal Protection ?

Posted: Fri Aug 13, 2010 12:07 pm
by arsonist4him
:txflag: Soon to be a new CHL card holder. Didn't get TX (yet), got that "other" state that is mentioned here a lot (due to working 3 jobs, cost / have to save up for it, not too many free weekends). I WILL get the TX CHL ASAP though. Enough of that.
My question is this: How many CHL holders have "legal protection" for those situations where you have to (or had to) defend yourself & then end up going to court to defend your actions?
I know the saying, "Better to be judged by 12 than carried by 6". I understand that. However, the reality of it is that you will be held accountable for your actions. Even if your decision was 100% justifiable, that doesn't mean you won't end up in court necessarily. Aside from this, it seems that there have been other incidents (over zealous LEO, poor concealment, LEO not CHL savvy, etc..) that end up with a CHL holder arrested / gun confiscated / having to defend themselves in court.
Any (serious & non-"other" state CHL :banghead: attacking) input would be appreciated.

Re: Legal Protection or No Legal Protection ?

Posted: Fri Aug 13, 2010 1:35 pm
by Charles L. Cotton
Welcome to TexasCHLforum!

There are a few so-called CHL protection plans available. As I understand them, they are a pre-paid legal program.
If you are an NRA member then you can get self-defense coverage through the NRA insurance plan. It is a reimbursement plan; i.e. you pay for your defense and if you win, you will get reimbursed up to the face amount of your coverage. I realize this means you have to find and hire your attorney, but I want to be able to control who represents me in court.

As a practical matter, if it's a righteous shooting, and if you don't let your mouth turn a good shooting bad, then you probably shouldn't worry. Yes, there are unique situations where the good guy has a legal problem, but they are rare and usually overblown in the media and on the Internet. I'm not suggesting you shouldn't get any insurance you feel appropriate, I'm just saying don't believe all of the hype you may have heard.

Chas.

Re: Legal Protection or No Legal Protection ?

Posted: Fri Aug 13, 2010 11:30 pm
by shootthesheet
Thank you for posting that Charles.

Re: Legal Protection or No Legal Protection ?

Posted: Sat Aug 14, 2010 12:03 am
by dcphoto
Charles L. Cotton wrote:Welcome to TexasCHLforum!

There are a few so-called CHL protection plans available. As I understand them, they are a pre-paid legal program.
If you are an NRA member then you can get self-defense coverage through the NRA insurance plan. It is a reimbursement plan; i.e. you pay for your defense and if you win, you will get reimbursed up to the face amount of your coverage. I realize this means you have to find and hire your attorney, but I want to be able to control who represents me in court.

As a practical matter, if it's a righteous shooting, and if you don't let your mouth turn a good shooting bad, then you probably shouldn't worry. Yes, there are unique situations where the good guy has a legal problem, but they are rare and usually overblown in the media and on the Internet. I'm not suggesting you shouldn't get any insurance you feel appropriate, I'm just saying don't believe all of the hype you may have heard.

Chas.
Chas,

I don't know anything about how hiring lawyers works. Assuming you don't get a pre-paid plan, how do you choose the lawyer? I think it goes without saying that you need to find him/her ahead of time. Once you've chosen, do you pay a deposit, or just stick their card in your wallet and hope they'll be there when you need them?

Also, I (like many others) am not financially endowed. I earn enough to live comfortably, but I certainly don't have enough savings to pay a lawyer to defend me through full criminal proceedings. What (other than saving) can we do to ensure we will have the funds necessary to defend ourselves if we are involved in an SD shooting. Are there other options aside from the pre-paid legal plans? I've been considering one of these plans, but I also want to control who represents me.

Re: Legal Protection or No Legal Protection ?

Posted: Sat Aug 14, 2010 4:48 pm
by Charles L. Cotton
dcphoto wrote:
Charles L. Cotton wrote:Welcome to TexasCHLforum!

There are a few so-called CHL protection plans available. As I understand them, they are a pre-paid legal program.
If you are an NRA member then you can get self-defense coverage through the NRA insurance plan. It is a reimbursement plan; i.e. you pay for your defense and if you win, you will get reimbursed up to the face amount of your coverage. I realize this means you have to find and hire your attorney, but I want to be able to control who represents me in court.

As a practical matter, if it's a righteous shooting, and if you don't let your mouth turn a good shooting bad, then you probably shouldn't worry. Yes, there are unique situations where the good guy has a legal problem, but they are rare and usually overblown in the media and on the Internet. I'm not suggesting you shouldn't get any insurance you feel appropriate, I'm just saying don't believe all of the hype you may have heard.

Chas.
Chas,

I don't know anything about how hiring lawyers works. Assuming you don't get a pre-paid plan, how do you choose the lawyer? I think it goes without saying that you need to find him/her ahead of time. Once you've chosen, do you pay a deposit, or just stick their card in your wallet and hope they'll be there when you need them?

Also, I (like many others) am not financially endowed. I earn enough to live comfortably, but I certainly don't have enough savings to pay a lawyer to defend me through full criminal proceedings. What (other than saving) can we do to ensure we will have the funds necessary to defend ourselves if we are involved in an SD shooting. Are there other options aside from the pre-paid legal plans? I've been considering one of these plans, but I also want to control who represents me.
The best way to find a good attorney is through a reference from someone you trust. It is not necessary to meet with them, just have their name and phone number. Also, some folks seem to think a criminal attorney is going to answer your call at 2:00 am and come to the scene of your self-defense shooting before the police arrive. Sorry, that's not going to happen!

As for paying the attorney, if people don't have the money for the attorney they want, then they'll have to hire what they can afford. I suggest this is not the place to same money. Let's face it, a murder charge is going to be the most expensive trip through the court system and that's not likely to happen with a righteous shooting. If someone doesn't have the cash, liquid assets, or borrowing power to pay for a good attorney, then perhaps one of the pre-paid legal plans would suit their needs. I don't know of any insurance policy that is going to pay upfront to defend someone. If you lose, there's no way they're going to get their money back.

Chas.

Re: Legal Protection or No Legal Protection ?

Posted: Sat Aug 14, 2010 4:54 pm
by WildBill
Charles L. Cotton wrote:The best way to find a good attorney is through a reference from someone you trust. It is not necessary to meet with them, just have their name and phone number. Also, some folks seem to think a criminal attorney is going to answer your call at 2:00 am and come to the scene of your self-defense shooting before the police arrive. Sorry, that's not going to happen! Chas.
If you can find a local attorney that you can trust, he or she should be able to recommend suitable counsel in another area of Texas, if the need arises. Of course, before retaining an attorney you will have to meet them in person.