- How long does the legal process take after a critical self-defense incident? There is no set answer, as it varies case by case.
- The court process duration depends on the severity of the charges. Misdemeanors must be filed within one year, while felonies have a three-year filing period.
- Judicial diversion may be an option to avoid prosecution for self-defense cases involving firearms, with exceptions like domestic violence or DUI.
- The attorney's defense strategies involve utilizing investigators, working closely with organizations like USCCA, interviewing witnesses, collecting evidence, and seeking professional video analysis.
- Educating oneself, committing to training, and understanding use of force are important factors in becoming a good client for a defense attorney.
When it comes to self-defense incidents involving firearms, gun owners often have pressing questions about the legal process they may face. In this video transcript, top criminal defense attorney Casey Castile answers the top three questions frequently asked by gun owners. From the duration of the legal process to defense strategies, Castile sheds light on these crucial aspects and offers valuable advice for gun owners navigating the aftermath of a self-defense incident.
Question 1: How long does the legal process take after a critical self-defense incident?Castile explains that there is no definitive answer to this question, as the timeline varies depending on the circumstances of each case. Gun owners may experience a period of silence immediately after the incident, indicating that the District Attorney's Office is reviewing the case thoroughly. This delay allows the authorities to gather all necessary information. Castile emphasizes that it is her responsibility as an attorney to ensure that the prosecution has access to all relevant facts, which may require time-consuming tasks such as interviewing witnesses and analyzing video evidence.
Question 2: How long does the court process take if I've been filed on?The duration of the court process differs based on the severity of the charges. In California, misdemeanors must be filed within one year from the date of the incident. Castile explains that recent changes in California laws offer some advantages to gun owners involved in self-defense incidents. One potential option to avoid prosecution is judicial diversion, provided the case does not involve domestic violence or DUI charges. By filing a motion in court, the defense can present evidence of the defendant's character and good judgment, potentially leading to the resolution of the case without a permanent record.
For felonies, the District Attorney's Office in California has up to three years from the date of the offense to file charges. Castile acknowledges that waiting for a resolution in felony cases can be challenging for gun owners. However, she assures that her team maintains strong relationships with prosecutors and can provide updates on the case's progress. Sometimes, delays indicate that the case has been turned down or is still under review.
Question 3: What kinds of things are you able to do in my defense?Castile highlights the various defense strategies her team employs to support gun owners involved in self-defense incidents. She mentions having investigators on staff who can interview witnesses, collect evidence such as video footage, and request professional analysis for factors like human behavior. These resources, along with close collaboration with organizations like USCCA (United States Concealed Carry Association), enable the defense to thoroughly and thoughtfully prepare the case before going to court.
Castile emphasizes the importance of gun owners' commitment to education, training, and understanding the principles of using force. She encourages gun owners to take advantage of the training provided by organizations like USCCA. Articulating the reasons behind one's actions and the perception of a threat is crucial during trial. Jurors want to hear from the defendant and understand the decision-making process that led to the use of force.
Conclusion:Gun owners facing legal processes following self-defense incidents need to be prepared and well-informed. Understanding the timelines involved, potential diversion options, and defense strategies is essential. By staying educated, committing to training, and being aware of the available resources, gun owners can position themselves to navigate the legal process more effectively. As always, consulting with a knowledgeable criminal defense attorney specializing in self-defense cases is crucial for individualized guidance and support.