What to Say to Responding Officers with Marc Victor (John’s Briefs) | ASP Extra

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  • เผยแพร่เมื่อ 6 ก.ย. 2024
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ความคิดเห็น • 522

  • @robins1016
    @robins1016 4 ปีที่แล้ว +176

    This is an excellent contrast between how a cop looks at things and how a lawyer looks at things.

    • @joeashbubemma
      @joeashbubemma 4 ปีที่แล้ว +18

      Yup. Just watched the Ayoob vid. I was shaking my head. He just wants to make his (cops's) job easier. They don't care if you're innocent or guilty, they just want to go home alive.

    • @ourcorrectopinions6824
      @ourcorrectopinions6824 4 ปีที่แล้ว +8

      Massad Ayoob wrong, Marc Victor right.

    • @chuckschillingvideos
      @chuckschillingvideos 4 ปีที่แล้ว +6

      @@LTVoyager Whether he's correct about Ayoob's character and perspective is arguable. But the fact is Ayoob's advice in this case couldn't be more wrong and is, in actuality, completely indefensible.

    • @chuckschillingvideos
      @chuckschillingvideos 4 ปีที่แล้ว +5

      @@LTVoyager I will take the advice of defense attorneys who defend folks accused of citizens facing trial for defending themselves over that of Ayoob, who has never practiced law every day of the week and twice on Sunday. Ayoob's advice is based on the farcical notion that the first responders have a say in whether you will be charge or not - and that is, indeed, a most farcical notion. You are overwhelmingly more likely to say something that you will hurt your chances of avoiding charges than you are to say something that will be in the least bit beneficial. It's not complicated. STFU. Call your attorney and let him do the talking on your behalf.

    • @wurzzzz
      @wurzzzz 3 ปีที่แล้ว

      @@chuckschillingvideos Most defense attorneys spend their entire career defending guilty people. Very, very rarely do they encounter someone innocent. They advise people this way because 99% of their clients are guilty of the crime they are arrested for. Unless you're dealing with an attorney whose entire practice involves (in truth) self-defense homicide cases, I would not trust them further than you can throw them.

  • @ethan....
    @ethan.... 2 ปีที่แล้ว +17

    It's important to note that if you talk to your attorney in a public place - the DA can have those witnesses testify as to what you said on the phone. SO, if you talk to your attorney, it needs to be in a place where others can't hear what you say.

    • @aarons7975
      @aarons7975 ปีที่แล้ว +2

      Ok, but that should be dismissable as being hearsay then right?

    • @ethan....
      @ethan.... ปีที่แล้ว

      @@aarons7975 no, that is not what hearsay is.
      Hearsay is a statement from someone that is not in the courtroom, it's like a rumor.
      The defendant, would be in the courtroom and anyone who heard what the defendant said first-hand can bear witness to the conversation and what they told the attorney. This does not constitute as hearsay.
      Hearsay is like a rumor, so if you're in court testifying against the defendant and your testimony starts with the words "Johnny told me that the defendant said x." That was from someone else's account, not yours, and that is hearsay.
      If you actually heard the defendant say something in person, that is admissable and you can bear witness to that in court.
      It's the same exact thing as if you saw someone climb in a window at a burglary. You can bear witness to what they looked like etc.

    • @LifeUnlocker
      @LifeUnlocker ปีที่แล้ว

      ​@@ethan.... interesting

  • @CarlosRamos-xr9rj
    @CarlosRamos-xr9rj 3 ปีที่แล้ว +33

    I was assaulted at my job and the biggest mistake I made was go to the police... the officer kept implying that I was at fault even after I constantly corrected him and restated myself... in mediation they kept putting the blame on me because the officer wrote what he wanted to. Case was dismissed with no punishment towards my co-worker. The only good thing is my job did let him go.

    • @alexfrederick9019
      @alexfrederick9019 2 ปีที่แล้ว +4

      A lot of police will do that to victims of sexual assault and rape as well. Unfortunately humans have to police themselves, and sometimes a cop is unfit and shouldn't have the job. Sometimes they're actually criminals that wear a badge because someone was dumb enough to allow them to. They're human and humans are a wide variety of things. I do think that allowing every officer the ability to arrest someone in a felony offense js something that should be reviewed. Detain, yes, formally charge with a crime, that should be changed in my opinion.
      A prosecutors job is to prosecute, it isn't to determine if someone committed a crime or not, that should fall to a court, but it doesn't, it falls to the police officer that showed up. A judge should make that call, and that's what is supposed to happen at an initial bail review, but that's not what happens there either. Many times a commissioner or magistrate won't ever consider dismissing charges and letting someone go, but that technically is part of the process, or at least is supposed to be, though most of them only feel like they should decide if the person gets a bail or stays in jail with no bail until a second review, so they automatically feel like it's not their job to dismiss a case. When in fact that is part of their job.

  • @redneck6709
    @redneck6709 6 ปีที่แล้ว +34

    I agree 100% with what the lawyer. Police do make mistakes when reporting and recording information. Several years ago I was involved in a traffic accident, two police officers examined my jeep and told me, didn’t ask me, but told me I wasn’t wearing a seatbelt. When I told him that I always wear my seatbelt they pretty much called me a liar. When I tried to notify the other person‘s insurance I found out that the officer had completely flubbed it up, and it was up to me to straighten it out. They had written down the wrong insurance company, the wrong policy number, everything!

    • @milesmccall2301
      @milesmccall2301 4 ปีที่แล้ว +1

      IMO that kind of thing is worth a formal complaint and a call to local media. I know it's a hassle when you're all ready dealing with insurance, but if we don't consistently hold them accountable the quality of policing will continue to be low.

    • @nelsonechevarria7009
      @nelsonechevarria7009 2 ปีที่แล้ว +1

      @Red Neck Yet the words of police officers in the courts are always taken as law without question even when police officers are lying,right?

    • @redneck6709
      @redneck6709 2 ปีที่แล้ว +1

      @@nelsonechevarria7009 not necessarily.

    • @ShogunAutoworks
      @ShogunAutoworks ปีที่แล้ว

      But if you flib up the facts or story they got YOU. funny how that works.

  • @shanemcguire170
    @shanemcguire170 3 ปีที่แล้ว +9

    This is almost the same thing my cousin told me who is an Attorney. The cops only need to hear one word, "You will speak with my Lawyer. I am remaining silent as is my right." Then let them cuff you and take you to the station for processing. DO NOT TALK WITH ANYONE OTHER THAN YOUR LAWYER AND OBEY THEIR ADVICE!

    • @andypeterson8013
      @andypeterson8013 3 หลายเดือนก่อน

      I like your advice. People think that the goal is not to be arrested, cuffed and taken to jail. Nothing you say will stop that from happening. The fight is in court for your innocence NOT to avoid going to jail.

  • @Yungknown
    @Yungknown 4 ปีที่แล้ว +8

    This guy is spitting straight facts. John is sort of seeing every scenario in a perfect world where everyone knows you're innocent but the attorney is right! Anything you say can and WILL be used against you.

  • @TyrJohanson
    @TyrJohanson 6 ปีที่แล้ว +34

    I'm so glad you put Ayoob's recommendations up to a head-on challenge since he is so well known for his good advice! Mr Victor's advice seems great as well. I like the simplicity of Mr. Victor's advice, but I also really like Mr. Ayoob's thinking that you might be the only one at the scene able to point out key details while they are fresh (look under that bush for his knife!).
    Mr Victor summed it up well by saying it is hard to have a blanket statement that applies to every situation...but then asserted that not talking is always correct :)
    Hearing both in contrast was a great way to get me thinking critically. Thanks for the education!!

    • @abc-wv4in
      @abc-wv4in 4 ปีที่แล้ว +6

      Well said. But I'm going with Mas Ayoob's advice. To not state you were the victim or point out evidence isn't logical and, rightly or wrongly, makes one "appear" guilty in many people's eyes. (Prosecutor: "Is it true you mentioned NOTHING about.... when LE arrived?" etc.) As a juror, I'd find that strange. Granted, you shouldn't say much. Mas is a true self-defense expert and has testified successfully in many self-defense court cases. Even my USCCA self-defense insurance card says to state you were attacked, feared for your life, and had to defend yourself, and to point out witnesses and evidence. Then request medical assistance if you need it, and state you will cooperate fully after you speak with your attorney.
      I've attended several gun law seminars that had self defense attorneys speaking, and they gave the same advice as Ayoob. So did my local firearm course instructor.
      This attorney just doesn't ring my chimes, but that may just be me. Isn't he the one who was confused and thought, or certainly implied that he thought, the right to carry meant it was okay to brandish or threaten the victim in one of the early videos? "Criminal defense" expert does not necessarily equate to "Self-defense" expert. (One of my children is an attorney, btw.) In general, criminal clients aren't there because they were involved in a self-defense scenario; they were caught committing a crime and probably shouldn't say a word. I mean no disrespect and don't doubt he's a fine criminal defense attorney, as he described himself in this video.
      I'm glad to see John debate sometimes in these "John's Briefs" videos, as when John was advocating for carrying with a round in the chamber and the attorney was advising not to do that. The self defense attorneys that I've heard speak all said they carry with a round chambered, btw, as does my child who is an attorney. Yes, I know legal opinions can differ; I just often don't agree with his.

    • @c0mputer
      @c0mputer 4 ปีที่แล้ว +5

      abc No way, dude. Never talk to the police, I’ve NEVER heard any attorney say it’s ok to talk to a cop right after an incident happened. DO NOT TALK TO THE POLICE. They are not your friends. In your 911 call you would have said something like “someone broke into my house and I discharged my firearm” for example. That’s enough. Let them handcuff you and take you in, an arrest is not a charge.

    • @donf3877
      @donf3877 4 ปีที่แล้ว +1

      @@c0mputer An 'arrest' is part of your record until you die. Anyone requesting a background check on you (i.e. applying for a job) will see that 'arrest'. Whether you are charged or booked or anything after the fact... the 'arrest' will remain. That alone will provide you with lots of issues down the road.

    • @dano1956
      @dano1956 3 ปีที่แล้ว +1

      @@abc-wv4in Me too. ACLDN member!!!!!!!

  • @JK-vc7ie
    @JK-vc7ie 4 ปีที่แล้ว +7

    This is a great lesson that extends to life in general. Keep your trap shut. You always have a opportunity to speak your piece after you’ve had time to think about what you’re saying.

  • @rigamortez
    @rigamortez 5 ปีที่แล้ว +47

    This is a GREAT video!!! Awesome work. Those miranda rights are legit. ANYTHING you say CAN and WILL be used AGAINST you. Never says it will be used to help you lol.

    • @ASPextra
      @ASPextra  5 ปีที่แล้ว +13

      Yeah, it's a warning for a reason. :)

    • @rosebarnes9625
      @rosebarnes9625 4 ปีที่แล้ว +6

      For legal reasons, nothing you say can be used to help you in court. It will be used against you, and cannot be used to help you.
      Read that again a few more times and let it sink in deep!

    • @PlanktoniusRex
      @PlanktoniusRex 4 ปีที่แล้ว +3

      @@rosebarnes9625 Yep 100%. Info you shared that may be helpful in court will be considered "hear say" in the court and will be dismissed. If it hurts you...game on. It's crazy.
      [Hear Say - Noun - information received from other people that one cannot adequately substantiate; rumor.]

  • @farwalker3672
    @farwalker3672 6 ปีที่แล้ว +79

    Agree everything you say to your attorney is privileged (With limited exceptions)with one important caveat - do not speak to your attorney in the presence of a third-party i.e. the cops. If you are on the phone make sure the LEO cannot overhear you talking to your attorney. Everything you say in the presence of a police officer investigating a crime is admissible into evidence.

    • @steveonrock
      @steveonrock 5 ปีที่แล้ว +4

      Negative! That point was covered in this video.

    • @phillhuddleston9445
      @phillhuddleston9445 4 ปีที่แล้ว +14

      @@steveonrock But would they use what you said to try to gain evidence against you? Not legal but if they hear it they may use it without disclosing the fact that they heard it.

    • @ErrantChordier
      @ErrantChordier 3 ปีที่แล้ว +1

      @@phillhuddleston9445 I think it's because he said the police are required to give you "space" (e.g. go off to another room unheard) to talk with your attorney

    • @nelsonechevarria7009
      @nelsonechevarria7009 2 ปีที่แล้ว +1

      @@ErrantChordier Good luck with that one because I seriously doubt the police are going to give anybody any kind of "space".Even at police stations what people say is always recorded.What the police do is not always in line with what the police must do/should do.If you are ever unfortunate enough to be taken by police to the police station and placed in an interrogation room always keep in mind that the fact that you may be left alone in a police station interrogation room is no guarantee that what you say even if just thinking aloud will not be recorded.

  • @joeblacke99
    @joeblacke99 3 ปีที่แล้ว +2

    Marc Victor did an outstanding job explaining the proper response. When I was a new officer I had the opportunity to speak to a local prosecutor and ask him what he would do if involved in a shooting. His response was “there is no way you are going to talk your way out of this and not get cuffed and taken down to the police station regardless of how perfectly justifiable it was. So there is no benefit for you saying anything at the scene. Secondly, anything your attorney says on your behalf can’t be used against you so shut up and let your attorney do all the talking.” As I progressed in my career and got more experience I realized how right he was. So many times I witnessed people giving statements in the heat of the moment and they didn’t realize they were contradicting themselves or the evidence. None of that works to your favor.

    • @ASPextra
      @ASPextra  3 ปีที่แล้ว

      Yeah that part about what your attorney says not being able to be held against you is important.

    • @LifeUnlocker
      @LifeUnlocker ปีที่แล้ว

      Invoking the right to stay silent & have an attorney, is the highest leverage

  • @rottingcorpse6565
    @rottingcorpse6565 2 ปีที่แล้ว +3

    Seen a lot of interrogation footage of guys who think they committed a justified shooting and then talked themselves right into prison. Lawyer first.

  • @johnwicksfoknpencil
    @johnwicksfoknpencil 6 ปีที่แล้ว +37

    As a member of Firearms Legal Protection I can tell you their program is top notch in value and gives you direct access to Mr. Victor for council which would normally costs THOUSANDS just to speak with him let alone hire for defense. 100% recommend them.

    • @marthalinton7904
      @marthalinton7904 4 ปีที่แล้ว

      IM IN MARYLAND WHY DONT THEY OFFER SERVICE IN MARYLAND? WTAF?

    • @1badC6
      @1badC6 4 ปีที่แล้ว

      Do they operate in the northeast?

    • @apuzyr
      @apuzyr 4 ปีที่แล้ว

      New Jersey tries every trick in the book to keep these firms out of the state.

  • @ethanstang9941
    @ethanstang9941 5 ปีที่แล้ว +8

    I was told that researching this kind of stuff is a waste of time, time well spent. Thank you ASP

    • @ASPextra
      @ASPextra  5 ปีที่แล้ว +2

      Glad to help!

  • @billware6721
    @billware6721 5 ปีที่แล้ว +14

    Public criticism can be awkward (constructive or otherwise). I am glad John’s ego is as secure as Mr. Victors advice. As a “Talker” I needed to hear this. Thank you.

    • @Shorty_Lickens
      @Shorty_Lickens 4 ปีที่แล้ว

      Yeah their favorite trick is to not ask questions but make statements, usually inflammatory. You'll be tempted to correct them and that's the same thing as spilling your guts during questioning.

  • @tripleog9557
    @tripleog9557 6 ปีที่แล้ว +85

    Cops are professionals at interviews they have done it hundreds of times as most of us are a complete novice. So u are so outmatched u need your own professional because we don’t know all the pitfalls/traps... FYI

    • @Johnyrocket70
      @Johnyrocket70 5 ปีที่แล้ว +5

      Cops are allowed to lie & you aren't, 1 lie or mispoken word that can be spun can bury you. Expect to sit in jail for up to 48 hours without charge.

    • @theloanranger2632
      @theloanranger2632 4 ปีที่แล้ว +6

      @@kasimjarkai7807 Actually there are several laws that can be put against you for lying to the police. You just decided to be lazy and lie out your ass instead of searching for something that would taken 5 seconds to google.
      www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/lie-police-friend.htm

    • @milesmccall2301
      @milesmccall2301 4 ปีที่แล้ว +2

      Cops are not expert interviewers, however prosecutors are experts at twisting words. But they can't twist words you didn't speak.

    • @rkc6005
      @rkc6005 4 ปีที่แล้ว +3

      One word...... LAWYER!

    • @nihilistic7840
      @nihilistic7840 4 ปีที่แล้ว

      What about when it's non lethal, you're the victim, the perp is blabbing so the cop is under pressure to respond to their (lying) complaint, and the cop just wants something from you at the scene so they can understand what happened and decide whether to charge or arrest someone?

  • @donalddodson7365
    @donalddodson7365 4 ปีที่แล้ว +11

    John, another great interview! As I have said elsewhere, firearms are perhaps the 2nd most politicized aspect of American life. The "life after defensive force" for the rest of your life really depends upon the jurisdiction and the politics of firearms (e.g. District Attorney's future campaigns, U.S. Attorney's future political aspirations). Great advise. I, too, carry several participating attorneys' phone numbers, and the 800 number for my firearm defensive risk financing (e.g. insurance). Keep up the great work.

  • @Jay-gy1cy
    @Jay-gy1cy 6 ปีที่แล้ว +8

    Haven't started the video yet but already liked. I'm an AZ resident and have been following Marc and watching/listening to his lectures/videos for several years and been subscribed to John's channel for the last few years, awesome to see you 2 doing something together!

  • @donaldslayton2769
    @donaldslayton2769 3 ปีที่แล้ว +4

    Wow! I have been carrying for a long time, and never had to defend myself with a firearm. This is an eye opening video. Thank you

  • @Surdalegacy
    @Surdalegacy 3 ปีที่แล้ว +2

    I think ideally, the situation to be in, is if the immediate evidence that this was Defense of life from immediate harm that the responding officers decide not to press charges and let you go. I've seen that happen several times but you can't count on that so this is a good talk about it. Who were those lawyers that say on repeat? "If a cop wants to question you, shut the f*** up. If they wanna search your vehicle, decline and shut the f*** up. If they want to talk about your day, tell them you're not here to talk about your day and shut the f*** up. Never talk to police."

    • @ericme3317
      @ericme3317 2 ปีที่แล้ว

      Police pretend to be your friend like a wolf in sheep's clothing.

  • @RomeoGSP
    @RomeoGSP 5 ปีที่แล้ว +3

    I was trained by my step brother who is retired state police & was a range instructor for several years of that. He trains to tell the officers responding to say nothing except "I want to comply but will say nothing at this time until I speak to my lawyer." Put that on repeat like a record player & say nothing else. You will get cuffed & stuffed & say NOTHING until you speak to lawyer then let him do the talking after that. Great advice John!

    • @chuckschillingvideos
      @chuckschillingvideos 4 ปีที่แล้ว +1

      Hell no. That's way too much to remember. Just say nothing. Nothing at all.

    • @RomeoGSP
      @RomeoGSP 4 ปีที่แล้ว +2

      @@chuckschillingvideos Funny how so much can change from 11 months ago when I left that comment. That was training in a "normal" America & i agreed with it. Now, i think i would just be mute & deaf 😉

    • @chuckschillingvideos
      @chuckschillingvideos 4 ปีที่แล้ว +1

      @@RomeoGSP Oh, I totally get it. Ideally, we would all be rewarded for doing the "right, conscientious" thing and cooperating with police and investigators at the scene. But that's just not how things work these days - at least not something you can bet your freedom upon.

  • @anthonytotilo4737
    @anthonytotilo4737 6 ปีที่แล้ว +36

    USCCA member here

    • @gjhoward
      @gjhoward 6 ปีที่แล้ว +7

      Ditto. Can't put a price on peace of mind.

    • @abc-wv4in
      @abc-wv4in 4 ปีที่แล้ว +1

      Me too.

    • @comeauxjc
      @comeauxjc 4 ปีที่แล้ว

      Me too.

    • @Iz0pen
      @Iz0pen 3 ปีที่แล้ว +1

      Are you able to tell how much they pay out per year? How many cases are won vs lost? How can you tell?

  • @NHlocal
    @NHlocal 6 ปีที่แล้ว +9

    John, I really can't thank you enough for posting
    up videos with information like this, PRICELESS!!!
    Thank you so much! I look forward to watching
    and learning more.
    Be safe!
    Randy

    • @ASPextra
      @ASPextra  6 ปีที่แล้ว +4

      Thanks Randy!

  • @Pankoguitartribute
    @Pankoguitartribute 4 ปีที่แล้ว +28

    Never talk to the police.

  • @markadams7597
    @markadams7597 4 ปีที่แล้ว +15

    "The system doesn't care about you", absolutely true! And, there is no justice, only the law, and the law is not justice, in the USA.

  • @knndyskful
    @knndyskful 4 ปีที่แล้ว +2

    I finally went ahead and sign up for US law shield

  • @DavidLLambertmobile
    @DavidLLambertmobile 6 ปีที่แล้ว +23

    Thunder Ranch, cadre: Clint Smith advises CCW-gun owners to clearly state they are the victim & want to press charges/ID the attacker-attackers at the scene. It helps establish you as the victim or defender.
    I'd add it's a + that this AZ atty brings up how sworn LE may lie or distort things at the scene. I'd add that 911-dispatch centers are TRAINED to keep a CCW user/shooter talking. They want to have a "spontaneous remark".

    • @rosebarnes9625
      @rosebarnes9625 4 ปีที่แล้ว +7

      My experience has been they already have set in their mind when they arrive who is the "perp" and who is the "victim" and nothing you say will change thier mind... you may be able to cement what they thought (either way) but if they arrive thinking you are the "perp" you will never change that by talking....

  • @Shorty_Lickens
    @Shorty_Lickens 4 ปีที่แล้ว +5

    Fun Fact: things you say to police BEFORE they read your Miranda rights can still be used against you. Its difficult but not impossible to get that stuff thrown out of court.

  • @piehound
    @piehound 4 ปีที่แล้ว +9

    So . . . that's one of the *hidden costs* of being a a firearms owner / carrier. Having an attorney on retainer *CONSTANTLY* . . . *BEFORE* any life threatening situation happens to you. Once it happens and you *don't* have a lawyer in your "corner" ??? . . . i wouldn't want to be in that position to say the least.

  • @sanjosemike3137
    @sanjosemike3137 4 ปีที่แล้ว +54

    Your attorney can say things to authorities that YOU cannot. They are “members of the Court.” You are not.
    “I will respectfully REFUSE to speak to you. I want my attorney.”
    Say nothing more. There is ENORMOUS TEMPTATION to be verbose. This is an entirely normal behavioral phenomenon.
    Take some deep breaths. Control your breathing. Accept the handcuffs. Be prepared to be pushed into the squad car. Concentrate on relaxing. SAY NOTHING.
    Everything you say will be held against you. I mean everything.
    Sanjosemike (no longer in CA)

  • @Steven-rp8zo
    @Steven-rp8zo 2 ปีที่แล้ว +1

    Tremendous advice! Nothing you say will help you but anything you say can and WILL BE USED AGAINST YOU. Keep it zipped.

  • @douglasmann
    @douglasmann 6 ปีที่แล้ว +8

    Great video and discussion, John. The more I hear this stuff the more it gets ingrained in me, so hopefully I do all the right things, if I'm ever involved in "a situation." Thank you for the great work you do!

    • @ASPextra
      @ASPextra  6 ปีที่แล้ว +1

      That's the goal!

  • @brandongreen3697
    @brandongreen3697 6 ปีที่แล้ว +16

    So say your with your spouse or family and they were there for the entire event, should they keep their mouth shut as well or should they cooperate as a "witness" and explain what they seen from their point of view?

    • @EricRedbear
      @EricRedbear 4 ปีที่แล้ว +3

      I'm surprised you haven't gotten a response/answer yet. It's been a year!

    • @MacroAggressor
      @MacroAggressor 4 ปีที่แล้ว +4

      I'd like to see a good answer for this as well. I would think they shouldn't say anything either, although I'm not sure if there are any legal pitfalls or requirements with them being witnesses.

    • @chuckschillingvideos
      @chuckschillingvideos 4 ปีที่แล้ว +5

      Anyone at the scene is a potential suspect and therefore entitled to exercise their 5th Amendment rights. That may change over time, but at the scene anyone who cares about you will keep their mouths shut until counsel is obtained.

    • @LaCheeserie
      @LaCheeserie 4 ปีที่แล้ว +3

      None say anything and that shd be discussed with family before an incident. At a family meeting. If x ever happens do not speak to the police. We will speak to attorney first

    • @matthewtemkin4726
      @matthewtemkin4726 3 ปีที่แล้ว +2

      No.
      They also request an attorney.

  • @kilananderson6027
    @kilananderson6027 6 ปีที่แล้ว +11

    Great information!
    Hadn’t though this deep about the after fight.
    Thinks for the tips

  • @14emike
    @14emike 4 ปีที่แล้ว +3

    I don’t know Arizona law, but there is one very important consideration for attorney-client privilege. If you make statements to your attorney with third-parties present then the third parties may be called to testify and that hearsay testimony may come in (statements against penal interest, excited utterance, etc). Just something to think about if you do decide to call your attorney at the scene.

    • @ericme3317
      @ericme3317 2 ปีที่แล้ว

      I thought about that as well. Never speak in front of police. Everything will be used against you.

  • @OfflineSetup
    @OfflineSetup 4 ปีที่แล้ว

    If you are in any doubt as to the correct course of action, just keep rewinding the bit where it is said that if the police find themselves in a legally questionable position they are specifically told/instructed not to say anything until a lawyer turns up.

    • @ASPextra
      @ASPextra  4 ปีที่แล้ว +1

      They're pretty much told universally not to make a statement immediately.

  • @tomsmith3987
    @tomsmith3987 5 ปีที่แล้ว +7

    Not everybody has an attorney to talk too so they would have to find one.most wont help without money

  • @PRACTICALCIVILIAN
    @PRACTICALCIVILIAN หลายเดือนก่อน

    John is 100% SPOT-ON, CORRECT!

  • @bonitawauls6274
    @bonitawauls6274 4 ปีที่แล้ว +5

    Wow, I had not thought of most of that..thank you, sir.

  • @donavanspeaks1107
    @donavanspeaks1107 4 ปีที่แล้ว +1

    I have a question. What about if somebody punches you or try to beat you up badly and they show up to your Home and making threats, Do you have ever right to SHOOT to defend yourself?

    • @ASPextra
      @ASPextra  4 ปีที่แล้ว

      Too little information to say.

  • @uncommonsense9395
    @uncommonsense9395 4 ปีที่แล้ว +2

    I'd really like to hear the same discussion on what to say when you call 911. I think there are two versions that need to be discussed. (1) A post shooting call to 911 and (2) a pre shooting call to 911. For example you hear someone breaking in and you call 911 but during the call the situation escalates to a self defense shooting.

    • @uncommonsense9395
      @uncommonsense9395 4 ปีที่แล้ว

      I guess TH-cam reads my comments because the next time iIopened TH-cam the top suggested video was "How Your 911 Call Can Get You Sent to Prison (John’s Briefs) | ASP Extra"

  • @MrDonut99
    @MrDonut99 3 ปีที่แล้ว +1

    Never underestimate the power of taking a deep breath

  • @cyberlycans4191
    @cyberlycans4191 ปีที่แล้ว +1

    I love Masad Ayoob, but this is brilliant in how quickly an attorney who's actually defended people in court shuts down the simplicity with which so many of you subscribe to his "principles", say this, don't say that based on his teachings. I have been waiting for someone to show the other side of what IU preachers and here it is. When John says of course if you murdered someone shut up, if it was a bad shoot don't say anything but like this attorney points out, in that moment you may not know whether it was a good or bad shoot, plus you're not the subject matter expert on the thing, that's going to be the prosecutor who chooses to try or not try you. I like this fellows initial approach far better than the standard "say this don't say that" even those who in the past make such bold claims as most cops don't know anything about the laws regarding the use of deadly force, which is absolutely not true.

  • @petegonzales9248
    @petegonzales9248 2 ปีที่แล้ว +1

    Pete Gonzales Marc this was a very helpful information that made a lot of sense to me about not talking to the police after a self defense shooting.Thank you for your attorney advice.

  • @coryayers9419
    @coryayers9419 6 ปีที่แล้ว +3

    After a critical incident you are most likely experiencing fight or flight symptoms. An adrenaline dump causes energy to course your body. Jittery, shakey, pacing, tremors etc. Your body wants to find ways to burn off that energy. It is very natural to want to pop off at the mouth. That can jam you up unintentionally.
    "I am invoking my right to counsel."

  • @unklemikesplace1900
    @unklemikesplace1900 6 ปีที่แล้ว +6

    John, outstanding video and advise!! Thanks bud, keep up the great work!!

  • @TwolfBeowulf
    @TwolfBeowulf 6 ปีที่แล้ว +5

    The first time I've ever disagreed with John, great video!

  • @johnkelley2615
    @johnkelley2615 6 ปีที่แล้ว +1

    Extremely informative 18 minutes, you can tell he has been doing this for awhile. Thank you

  • @carljenkins4910
    @carljenkins4910 6 ปีที่แล้ว +5

    Another great video! I have seen Marc in a lot of videos, the guy is great!

  • @Toddicus2914
    @Toddicus2914 6 ปีที่แล้ว +3

    I love these videos! They cover what I believe as an often overlooked part of self defense.

    • @ASPextra
      @ASPextra  6 ปีที่แล้ว +1

      Thanks! That's why we're making them...to put that info out there.

  • @TransRoofKorean
    @TransRoofKorean 2 ปีที่แล้ว +1

    One thing I think he should have added: remember, after demanding to speak to your lawyer, when you shut up: *STAY* *SHUT* *UP.* Sometimes the cops will be like "well, I gotta take you to the station", "hey, you want some Burger King on the way?" -- they might try to open you up, because if you start talking *on your own,* that's still just as admissible. The cop is no longer allowed to question you about the events after saying you want the lawyer, but if you can't remember to keep your own mouth shut, that's on you.

    • @ASPextra
      @ASPextra  2 ปีที่แล้ว +1

      People have *such* a hard time shutting up. Cortisol left over after a defensive gun use causes logorrhea, and that's hard to fight.

  • @WHITEBOYSICK
    @WHITEBOYSICK ปีที่แล้ว

    John, good follow up with this gentleman....

  • @jimdavenport8020
    @jimdavenport8020 3 ปีที่แล้ว +1

    'My attorney picks up the phone right now' ..... yeah, right.
    'Talk to them after a good night's sleep'.... not likely to have slept that well in a Booking Cell

  • @wyattoneable
    @wyattoneable 5 ปีที่แล้ว +1

    These videos are great. The legal battle happens as soon as the round leaves the gun.

    • @ASPextra
      @ASPextra  5 ปีที่แล้ว +2

      Before, really. What you did and said prior to the use of force matters, and will make a difference to the investigators and the prosecutors.

  • @nadavm.6843
    @nadavm.6843 4 ปีที่แล้ว +4

    If the bodycam of an officer picks up your conversation with a lawyer (whether or not it was an accident that the officer got close enough for the body cam to pick it up) would that be fruit of the poisonous tree and not admissible because you're talking with your attorney?

  • @Matt-br5zt
    @Matt-br5zt 6 ปีที่แล้ว +7

    Very valuable information thanks

  • @bruces12
    @bruces12 4 ปีที่แล้ว +1

    Excellent video, John. I had just watched your interview with Massad and was confused...this cleared it up for me, thank you.

  • @EchoDafunk
    @EchoDafunk 2 ปีที่แล้ว

    This guy sounds responsible.. lol I love you John.

  • @apuzyr
    @apuzyr 4 ปีที่แล้ว +3

    Good advice. I wish I could see what’s on the back of his card. 🤔

    • @bruces12
      @bruces12 4 ปีที่แล้ว

      Probably have to pay for it.

  • @michaelchesny656
    @michaelchesny656 5 ปีที่แล้ว +4

    Thanks for this excellent advice.

    • @ASPextra
      @ASPextra  5 ปีที่แล้ว +1

      Glad to help!

  • @larrydorazio7130
    @larrydorazio7130 5 ปีที่แล้ว +1

    Also keep in mind that the 911 operator IS NOT required to give Maranda Warnings and everything you say in ON TAPE. The State's Attorney will listen to it and what you say "can be used against you"

  • @JamesSanders
    @JamesSanders 3 ปีที่แล้ว +2

    awesome content, I just changed my card to say I want to speak to my attorney.thank you guys!

    • @ASPextra
      @ASPextra  3 ปีที่แล้ว +1

      Our pleasure!

  • @DjHennessy02
    @DjHennessy02 6 ปีที่แล้ว +3

    This is awesome. The details are king.

  • @mannyaceves5178
    @mannyaceves5178 2 ปีที่แล้ว

    I think Massad’s rationale for talking to law enforcement is solid!!!

  • @thomasaquinas601
    @thomasaquinas601 4 ปีที่แล้ว +3

    Nothing you say at the scene can help you - it can only hurt you.

  • @nokiot9
    @nokiot9 4 ปีที่แล้ว +2

    Can you do a video about that Mesa guy that got practically executed in that hotel hallway for doing his job shooting pigeons with his air rifle? I saw it yesterday and I’ve been racking my brain on what he coulda done differently or how you react when you’re looking down the barrel of a gun and think you’re about to die.

    • @nokiot9
      @nokiot9 4 ปีที่แล้ว

      He walks into the hallway into a posted rifle and immediately goes prone in submission. Ends up getting killed crying begging for his life. It’s super graphic. You’re probably gonna have to censor it.

  • @donf3877
    @donf3877 4 ปีที่แล้ว +1

    "I feared for my life"... then, "I need to contact my attorney before I answer any questions". That's it PERIOD.

    • @ASPextra
      @ASPextra  4 ปีที่แล้ว

      Remember that first sentence is not a magic formula.

  • @taylorharbin3948
    @taylorharbin3948 ปีที่แล้ว

    I took a CCW class years ago and the instructor told us a story about a student who was convinced the police would force her to say something no matter what. Turns out she’d been watching too much tv. He followed that up with another story about a man who said he was too distressed to talk, and that was it.

  • @tripleog9557
    @tripleog9557 6 ปีที่แล้ว +7

    I hate to say it but I totally agree with the lawyer... the law and cops ,prosecutors u just don’t know. Just be quiet as possible.

    • @sub222marathon
      @sub222marathon 5 ปีที่แล้ว +4

      I'm a cop and I agree. You never ever talk to the police, even if you happen to be one. Doesn't mean you have to be a jerk, you just don't talk until you talk to a lawyer. Ever. Period.

    • @Alvan81
      @Alvan81 5 ปีที่แล้ว +1

      I think people are mistakenly trying to avoid going directly to jail.
      Or if they don't have a lawyer or money; sitting in Jail until you do get assigned one.
      Once again stack your chip$ and support system ahead of time.
      His advice is great.

  • @AcmePhoto
    @AcmePhoto 6 ปีที่แล้ว

    Marc Victor is a great guy & attorney.

  • @ChrisWilliams-vm1do
    @ChrisWilliams-vm1do 2 ปีที่แล้ว

    All good advice. Even if you’re absolutely justified, you may not even remember the conversation you have with the cop/detective at the scene. You’ll be too stressed out. Let your calm, cool headed lawyer, do the communicating for you.

  • @mwngw
    @mwngw 4 ปีที่แล้ว +1

    Looking for a similar vid for someone trained in martial arts and the injuries to an attacker during a self defense event.

  • @jizzoni
    @jizzoni 2 ปีที่แล้ว

    One of the best and most important videos you have uploaded!

  • @hoppahaole3155
    @hoppahaole3155 5 ปีที่แล้ว +1

    When you said what you don't say can't be held against you actually your silence can be held against you that's why you take the right to the fifth but you must physically say you are taking the fifth. And remember police will play head games if you take the fifth. Like why do you need a lawyer and taking the fifth are you guilty of something? If the police do ask you a question or speak to you after taking the fifth and you asking for an attorney they just violated your rights. Once you take the fifth and request an attorney the police must immediately shut down. Once you are questioned stay away from absolutes, an absolute is a question like, do you smoke? If you say no but then two hours later say you had a cigarette, that can ruin your credibility even if you say you smoke when your nervous. That isn't not smoking. That is an absolute question. Another absolute is, do you always drive the speed limit? If you say yes but then later say you were on a street with railroad tracks and on that street you always go a little over the speed limit so you don't get stopped by a train, this absolute can ruin your credibility.

    • @ASPextra
      @ASPextra  5 ปีที่แล้ว

      A positive invocation is important.

  • @Kev-3006
    @Kev-3006 4 ปีที่แล้ว +1

    FYI the link for the "coupon" isn't working

    • @ASPextra
      @ASPextra  4 ปีที่แล้ว +2

      Just checked the link and it's working.

    • @Kev-3006
      @Kev-3006 4 ปีที่แล้ว +1

      @@ASPextra Thanks! Called FLP. Signed up for the Family Premium plan. Susan was awesome! Gave me the ASP discount.

  • @badnomad357
    @badnomad357 2 ปีที่แล้ว

    I totally agreed with Mas. He seemed reasonable, minimum, middle of the road. It seems absolutely correct. I think I'll need lots of these videos to sway me.
    Maybe the best answer is ask the cop "do you think I need to call my lawyer?" If he says yes, then listen to him. If he says no, then you k ow he's out to hang you and say even less.

  • @titusgibson9914
    @titusgibson9914 4 ปีที่แล้ว +2

    Great advice and video! Keep up the great work!

    • @ASPextra
      @ASPextra  4 ปีที่แล้ว +2

      Thank you! Will do!

  • @dano1956
    @dano1956 3 ปีที่แล้ว +2

    ACLDN Member here.

  • @onelifetolive927
    @onelifetolive927 6 ปีที่แล้ว +2

    Not making a statement to the police until later and through an attorney is the same advice all law enforcement and justice system professionals give their children and loved ones. They also have that as a privilege as a matter of policy or procedure in many cases but you don't.

  • @forsakenquery
    @forsakenquery 3 ปีที่แล้ว

    I would like to have seen Mas’ arguments put more specifically to this guy.

    • @ASPextra
      @ASPextra  3 ปีที่แล้ว

      th-cam.com/video/Hjm6FRzE35I/w-d-xo.html

    • @forsakenquery
      @forsakenquery 3 ปีที่แล้ว

      @@ASPextra cheers

  •  4 ปีที่แล้ว +1

    The light could have been yellow?

  • @francostacy7675
    @francostacy7675 2 ปีที่แล้ว

    Does having a self defense lawyer on speed dial give the wrong impression to jurors and will prosecution use that to say you were looking for trouble or you wouldn’t have a lawyer before the fact

  • @romans6two338
    @romans6two338 ปีที่แล้ว

    ASP Extra why isn't Marc Victor on the show anymore? He is my favorite lawyer you've ever had on show.

    • @ASPextra
      @ASPextra  ปีที่แล้ว +1

      He’s busy doing his own thing and running for office and changing the world with his live and let live movement.

  • @UncleCharlieDeuce
    @UncleCharlieDeuce 6 ปีที่แล้ว +1

    John, say shooting happens with friends or family present who are now witnesses. What do we tell them to say the the police? Can they talk to counsel too before making a statement?

    • @ASPextra
      @ASPextra  6 ปีที่แล้ว +2

      A good question for me to ask Marc!

    • @rosebarnes9625
      @rosebarnes9625 4 ปีที่แล้ว

      Yes! Please do!! 😁

  • @matthewweare1854
    @matthewweare1854 6 ปีที่แล้ว +2

    This is GREAT info, thanks John.

  • @JSpidey
    @JSpidey 4 ปีที่แล้ว +1

    Does CCWSafe have a 24/7 lawyer phone number to call in these situations?

    • @ASPextra
      @ASPextra  4 ปีที่แล้ว +2

      I'm not sure, you'd have to call them.

  • @levigriego
    @levigriego 5 ปีที่แล้ว +1

    Sad to learn FLP does not have any services in TN. Any other suggestions?

    • @ASPextra
      @ASPextra  5 ปีที่แล้ว +1

      They're on their way.

  • @rochelle123ist
    @rochelle123ist 4 ปีที่แล้ว +1

    Shut up and lawyer up, be polite, stay firm, say I want to speak to my attorney.

  • @sheltermutts4185
    @sheltermutts4185 3 ปีที่แล้ว

    Tried to sign up but apparently they don’t work in Montana where most of us carry guns.

  • @LifeUnlocker
    @LifeUnlocker ปีที่แล้ว

    1:00 2:30 3:15 4:30 squishy 6:00 7:45 8:30 loggaria 12:30 14:45 3 phases fight 15:30
    Stay shut up, and have your attorney as your main spokesperson

  • @FIGNAS83
    @FIGNAS83 6 ปีที่แล้ว +1

    Great video, all registered owners of firearms should watch this. Thanks.

    • @ASPextra
      @ASPextra  6 ปีที่แล้ว +5

      Registered!? EW!

    • @luqi01
      @luqi01 6 ปีที่แล้ว

      Active Self Protection Extra wait so you dont believe in registering your firearm? How come, if anything it'll only cover your ASP even more having had a record of being trained to carry a registered firearm..

    • @blahblah8037
      @blahblah8037 5 ปีที่แล้ว +1

      Active Self Protection Extra that was my literal response reading this comment

    • @blahblah8037
      @blahblah8037 5 ปีที่แล้ว +2

      Med Life has history taught you anything?

  • @thomasjefferson2127
    @thomasjefferson2127 2 ปีที่แล้ว

    Would be fantastic if you could provide the card Marc mentions for print.

    • @ASPextra
      @ASPextra  2 ปีที่แล้ว

      He provides that card to his clients as a service.

  • @ETWL897
    @ETWL897 2 ปีที่แล้ว

    Always always always go with what a lawyer says over what non lawyer experts say.

  • @DavidLLambertmobile
    @DavidLLambertmobile 6 ปีที่แล้ว +1

    As noted by the AZ defense lawyer, witnesses LIE or by-standers may wonder up, then "think" they saw what occurred at the scene. Doing licensed security, I've seen sworn deputies & police arrive then gather statements-accounts by people who gave false or slanted details. Try to document any security systems or DV camera angles. Note the time or when things took place, be alert to anyone picking up or trying to conceal items.

  • @Mn09lfV6f
    @Mn09lfV6f 6 ปีที่แล้ว +1

    TL DR summary invoke right to remain silent, request attorney, request medical attention at scene, have contact information for attorney on your person.

  • @confusedcaveman6611
    @confusedcaveman6611 4 ปีที่แล้ว +1

    the real question is how do you call 911 without saying anything

    • @crystalmcqueen2359
      @crystalmcqueen2359 3 ปีที่แล้ว

      There was a shooting at (insert address) then stfu and hang up

  • @zionkid28
    @zionkid28 6 ปีที่แล้ว

    Awesome and great vid. Great points and yes shutting up is the best thing. I know many offenders that I work with that admit their mouths were a part of their downfall

  • @MeltWithU
    @MeltWithU 4 ปีที่แล้ว +1

    These are great videos and it’s very awesome that you guys do them for gun owners. Because it is such a touchy subject. I guess best or worst case scenario everybody should put up at least one or two cameras that record with motion outside and inside their house in order to prove the intentions of the perpetrator. But also, they can be used against you if you do something wrong or try to plant evidence. So, don’t do anything stupid if you decide that you want to put these cameras up… Because if there is video evidence of you doing anything out of the ordinary, it will be held against you. As well as, if those video cameras were working the day before and up to or even through the shooting and then mysteriously stop working… Again, evidence against you. Making it look like you purposely unplugged the cameras to hide something.
    Which is the awesomely incredible knowledge that these guys are teaching you About absolutely making sure that firing upon an individual is the last case scenario. Basically, make sure it’s you or them, with no question as to the validity of your gun fire.
    I’ve got cameras up in my homes and my condo specifically for this purpose. Especially with what is happening in the world right now, and just to make sure that all of my bases are covered if those worst case scenarios were to come up. I will absolutely warn anybody who is not welcome in my home who decides that they are going to enter and threaten me that they will have a very quick 25 to 40 rounds coming at them if they choose to do so. Which is the best thing you can possibly do. Warn them and maybe even take a warning shot to let them know you’re serious. What I have in my homes is one magazine that is loaded with two or three blanks that are just as noisy as the actual ammo, to let them know what could happen to them very soon if they don’t choose to make the right decision. Then every bullet after that is a real one. So they have two or three opportunities to turn around and figure something else out. Which I suggest everybody does. One magazine that has two or three blanks and the rest being actual ammo. Which is a good warning to anybody who is illegally entering your home that they may have come to the wrong location.
    So thank you guys for doing these. They are very informative and let people know that it’s not OK if they decide to open fire on somebody who is outside stealing a bicycle from the property. And maybe that is legal in some states, I don’t know. But you better have a very good reason for firing upon and possibly killing that person in front of you.

    • @gunnersecuador7515
      @gunnersecuador7515 3 ปีที่แล้ว

      Sounds like a good way to start a gun fight..

  • @DonnieDGaming
    @DonnieDGaming 3 ปีที่แล้ว +4

    "I dont answer questions without my attorney, I dont consent to any searches or seizures, I am enacting my right to stay silent". Then shut your mouth. Done.

  • @jrvane11
    @jrvane11 3 ปีที่แล้ว

    Great information here. I've had legal protection insurance for several years now. Helps me sleep at night. ;-)