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If you use your right for Castle Doctrine, are you still arrested by the police? Friend of mine just told me that even if you are justified in defending yourself in your home, the officer that shows up will arrest you anyways and you can still be found guilty.

This basically makes Castle Doctrine useless.

If you use your right for Castle Doctrine, are you still arrested by the police? Friend of mine just told me that even if you are justified in defending yourself in your home, the officer that shows up will arrest you anyways and you can still be found guilty. This basically makes Castle Doctrine useless.

(post is archived)

[–] • 3 pts

If you use your right for Castle Doctrine (defend yourself), are you still arrested by the police for Murder?

Generally, yeah. You just have the opportunity to present evidence exonerating yourself, whereas otherwise you don’t have that opportunity (because you weren’t). Some places even have laws that explicitly let you kill cops (IF THEY ENTER YOUR PROPERTY ILLEGALLY), but that’s a very, VERY hard one to prove and totally out of your hands (it’ll hinge on whether their warrant was legal, and judges almost universally declare that to be the case, even when it’s not).

[–] • 2 pts

Not a lawyer, but... People who exercise their right to self defense can usually be detained, yes. But once they figure out what happened, and determine that no foul play was suspected, they can then be let go without being charged (an arrest denotes a formal charge).

[–] [deleted] • 1 pt

They key is to know exactly what to say when the cops show up.

"Officer I was in fear for my life. I'm more than happy to cooperate with your investigation but I'd like to talk with my lawyer first."

AND THEN SHUT YOUR MOUTH

[–] • 1 pt

Never talk to the cops

[–] • 1 pt

Shoot, shovel, shut up.

Police are not your friends.

Ambitious prosecutors may fail to convict you, but defending yourself from them will financially ruin you.

[–] • 0 pt

Ambitious prosecutors may fail to convict you, but defending yourself from them will financially ruin you.

Whatever resources are afforded to the prosecution should also be afforded to the defense.

[–] • 1 pt

“Should.”

“Should” doesn’t turn Mr. Prosecutor into a Governor.

[–] • 0 pt

If you defend your home, it makes it a lot easier on everybody to just bury the evidence.

[–] • 0 pt

Often yes, but it comes down to the discretion of the cops and the DA. Self defense insurance is highly encouraged.

https://poal.co/s/guns/4946

[–] • 0 pt

do you know anything about this?

[–] [deleted] • 1 pt

You will have your weapon taken, and likely arrested until the DA decides if they want to press charges

[–] • 0 pt

Even in Oklahoma?

Edit: What can we do legally to end this?

[–] [deleted] • 0 pt

Nothing because investigation is needed and should be embraced. You get your freedom most general and your weapon.

[–] • 0 pt

If your in St. Louis, yes. ( It depends on liberal Soros DA).

[–] • 0 pt (edited )

To the best of my knowledge, it varies state to state. My state is right on the edge and I had a uniformed Deputy tell me “iif you shoot someone on your front porch drag their body across the threshold before you call the police.” (He was joking but trying to make a point about the peculiarities of the law.)

I think it has to do with your “duty to retreat“. If you can exit the situation safely you are required to leave instead of shooting the other person. Unless you were in your house. Your castle. Then you do not have a duty to retreat, even if you can do so safely.

A couple of my friends took the NRA approved concealed carry class in my state and they said that it is thoroughly covered in the class. The information above is what they told me verbally. The information is out there and you shouldn’t have any problem looking it up on a state-by-state basis this is talked about regularly in the gun community.

Edit; there are a few rules like do not say anything to the police. If you were the talkative type limit it to things like “oh my God I didn’t want to shoot him!” And “I thought he was going to kill me I was so scared.” No matter what questions they ask just repeat one of those two phrases. Or better yet say nothing.

And, yes, you will spend at least a night in jail.

[–] • 0 pt

only in dem states