Page 60 - Florida Concealed Carry Law
P. 60

 confuse you for the bad guy. Once the police have secured the scene, they will begin to ask you questions. Repeat exactly what you said on the 911 call followed by, “I will answer additional questions, but first I need my attorney.” Then shut your mouth. No matter what they say, don't say another word until you speak with your legal team. This is extremely important. Human nature is to attempt to justify yourself. Fight this urge and remain silent.
Interview with a Detective
At this point, you will be brought to the police station for questioning. Once your attorney arrives, you will have an opportunity to speak with an attorney before talking to the detective. This process is going to be very stressful. However, if you focus on telling the truth, everything will work out in the end.
After the detectives have completed their questioning, they will either file criminal charges against you, at which point you will be arrested, or they will let you go. Again, it really goes back to the discussion we had about the term “reasonable.” If, during the questioning, the detectives reasonably believe you were in fear of imminent death, great bodily harm or the imminent commission of a forcible felony, then you will probably be released. However, if they do not believe your actions were reasonable, then you will be arrested. After the police complete their investigation, the evidence will be given to the State Attorney’s office for review.
State Attorney's Office
The state attorney will review the evidence and compare it to Florida law to determine if your shooting falls within stand your ground, justified use of force and/or the castle doctrine statutes. If you’re a member of USCCA, your legal team will begin communicating with the state attorney to help move the investigation in the right direction. If the state attorney determines the shooting was unjustified, formal charges will be filed against you.
Pretrial Immunity Hearing
The Old Law - Prior to 2017
Just imagine for a moment that you were arrested for dealing drugs. You would be innocent until proven guilty. This means the burden of proof is on the state. It is the state's responsibility to provide evidence to the courts that you are acting in a criminal manner. Until recently, it was the exact opposite in a self-defense shooting. The burden of proof rested on you, not the state. After your shooting, you would have a pretrial immunity hearing. During this


























































































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