One USCCA viewer wrote in asking us to answer this pressing question: “What happens if you shoot someone who has broken into your house, but they lie to authorities about what really happened?” Kevin Michalowski and attorney Tom Grieve try to answer that question in the video above.
For starters, law enforcement officers know that people lie. It is their job to investigate and find out the truth. But what should the homeowner do in such a situation? The first thing Grieve notes is that people do not have to do it all themselves. He recommends hiring the best defense attorney you can. It should be the attorney’s job to go into “attack mode.”
Before the Home Invasion Makes it to Court
Before getting into court, though, the homeowner will have the opportunity to give a witness statement. It’s important to, if possible, have an attorney by your side. At the very least consult with your attorney beforehand. The homeowner has the opportunity to get the case started in the right direction by sharing as many facts as possible.
It is safe to assume the criminal is going to lie. But if you can make a well-reasoned statement with the help of your attorney, that can make a huge difference. In the vast majority of home invasion cases, the criminal has a “checkered” past and the details are pretty easy to work out.
00:00 What happens when a home invader gets shot and lies about what happened in your house?
00:44 Kevin sets the scene and poses the question to criminal defense attorney Tom Grieve.
01:44 Tom’s advice is simple: “Hire the best criminal defense attorney you can.”
02:05 Let your attorney take on the heavy lifting of examining evidence, witnesses and suspects after a home invasion.
02:49 Always consult with an attorney before making any statements to examiners.
03:03 In your witness statement to the police, keep calm and articulate the facts as best you can.
03:49 Try to work through the home invasion chronologically. Who was where at what time? What happened when? Make sure there are no holes in the timeline of your story.
04:03 Emotional outbursts may jeopardize your defense.
04:58 It is safe to assume that a criminal will lie about the facts of the incident.
05:27 When giving a statement to detectives, slow down, calm down and be sure to have an attorney present.
06:03 A criminal’s lies will almost always be exposed as evidence comes to light in an investigation, including any past criminal activity.
06:30 Res ipsa loquitur (Latin: “the thing speaks for itself”).