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Defending others from themselves

March 23 2003 at 11:36 PM
Ex-Lawyer  (no login)

 
ATTENTION READERS - THE INFORMATION THAT FOLLOWS IS OFFERED FOR EDUCATIONAL PURPOSES ONLY, IT IS NOT LEGAL ADVICE. IF YOU NEED LEGAL ADVICE, CONSULT A QUALIFIED CRIMINAL DEFENSE LAWYER IN YOUR JURISDICTION.

Background on me: I worked as a lawyer for about 4 ½ years in one state in the U.S., practicing criminal defense almost exclusively the whole time. I worked in private practice and as a court-appointed lawyer. While I have moved on to a more enjoyable line of work, I am still licensed to practice law and I now spend a pretty good chunk of my free time researching and writing about legal issues related to self-defense. I am pleased and privileged to be able to provide the Senshido Forum with one man's view of the U.S. criminal justice system. As with any legal information you encounter on the Internet, please take my posts with as many grains of salt as you see fit - while I am a real lawyer and have provided Rich with a way to verify this, it's always possible I will make a mistake or provide information that would not be applicable in your jurisdiction.

***

Hi Everybody -- I spent this morning giving legal advice to a friend I hadn't seen in a couple of years. The other day he was arrested and charged with multiple offenses following an incident where he was allegedly trying to get someone to leave a crack house. Allegedly, things got out of hand and he was very fortunate that no one was hurt or killed.

When I was practicing law, I represented several clients who had gotten into trouble under allegedly similar circumstances. The allegations always involved defendants trying to rescue drug addicts from their own behavior.

I believe that LEOs and prosecutors have a certain amount of sympathy for people who "do what they have to do" to get loved ones away from drugs and dealers. But if people are threatened or hurt -- as they often are in these situations -- I really, really doubt that any LEO or prosecutor would let the "good guy" off the hook altogether simply because he had good intentions. (And, needless to say, there are risks other than criminal prosecution when you start doing things like waving guns in drug dealers' faces).

I realize that it can be heart-breaking, maddening, desperation-inducing, etc. etc. etc. to watch a loved one self-destruct, especially if representatives of the judicial system aren't able (or willing) to confront the problem in the way you'd like.

But taking the law into your own hands is likely to create new, big problems and do little else in the long run.

Just my opinion.

E.L.

 
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(Login Senshido)
Forum Owner

The right thing...

March 24 2003, 10:24 AM 

isn't always easy to do. I can empathise with your friend. It's hard watching a loved one go down the dark path and not be able to do anything about it.

Excellent post as usual E.L. It sure puts things into perspectiive. Keep them coming!

Sincerely
Rich

 
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