[attyjpl]

pareng alexii,

i already sent you my draft of "WHAT TO DO IF YOU SURVIVED A GUNFIGHT". please check your inbox.

[attyjpl]

fellow BOGs,

this is my humble contribution to the code. this is only a draft and, of course, subject to revision.


WHAT TO DO IF YOU SURVIVED A GUNFIGHT

1. Check if the person is dead. If yes, stay at the crime scene and cordon the place, if possible, to preserve the evidence (i.e., spent shells, blood spatters, fingerprints, footprints, etc.);

2. If the person is not yet dead, bring him/her to the nearest hospital or apply first aid. Also, bring yourself or your companions to the hospital to treat any sustained injuries (alexii's suggestion);

3. If the person is dead, do not leave the crime scene. Call a lawyer, 112, the nearest police station, a friend or a relative (in that order);

4. When the police comes, this is what they are supposed to do:

a) Knowing the “personality” of our police force, they will normally arrive at the crime scene with “blazing guns”, so to speak. Meaning, you will hear screeching patrol cars with sirens and guns pointed at you;

b) Be sure to holster (or better yet, drop it on the ground) your weapon and raise your hands in the air when the police arrives. You might find yourself being gunned down by cops with itchy-*****y trigger fingers;

c) Standard Operating Procedure (SOP) is to handcuff you and bring you to the police station. At this juncture, they MUST read your Miranda rights:

“You have the right to remain silent.”

“You have the right to an attorney.”

“If you cannot afford an attorney, the court will appoint one for you.”

“Anything you say can and will be used against you in a court of law.”

d) After reading your Miranda rights, the police SHOULD ask you if you understand what they have just said. If you cannot understand English, they SHOULD read your rights in a language or dialect known to you;

e) When you arrive at the police station, SOP is to “book” you. Meaning, they must get your statement (your version of what transpired), get your fingerprints (“piano”) and take your photographs (left, right, front and back profiles), and put you inside the jail.

f) If you haven’t called your lawyer or anyone yet, the police must give you the right to make a phone call;

g) After all the procedures above, the police will now prepare the complaint against you and file it in the Prosecutor’s Office (fiscal). There are always Inquest Fiscals in every police station, even at night, specially for the purpose of crimes happening at night;

h) If the prosecutor finds probable cause to indict you for homicide, murder or physical injuries, he will file the case in court and recommend bail. Please take note that you can only post bail in homicide and physical injuries, NOT murder, because the latter is a capital offense. However, even if it is murder, if the evidence of your guilt is NOT strong, you can still post bail. The amount of bail will be determined by the fiscal;

i) If the crime you committed is bailable, post bail in the court where the case was filed. Bail may either be in cash, surety, property or recognizance.

j)What happens next? Do not worry. Your lawyer knows what to do.

[mikey177]

e) When you arrive at the police station, SOP is to ?book? you. Meaning, they must get your statement (your version of what transpired), get your fingerprints (?piano?) and take your photographs (left, right, front and back profiles), and put you inside the jail.

A few questions: Are you legally allowed to refrain from giving your statement until you are in the presence of your lawyer? Is it a good idea to wait for your lawyer to be at your side before saying anything?

If you decide to give a statement even without your lawyer present, would it be better to be brief and not too detailed at this point, given that you may still be in shock and some details of what transpired (time elapsed, number of shots fired, appearance and demeanor of the BG, etc) might be hazy to you? Is it a good idea to include in your statement that you were in immediate fear of your life because of the actions of the BG, and thus took the steps that you did in order to stop him? What are the minimum details that you should include in your statement when you give it?

P.S. It looks like a very good draft, attyjpl. I just wanted to ask the above clarifications. Thanks.

[attyjpl]

Originally posted by mikey177
A few questions: Are you legally allowed to refrain from giving your statement until you are in the presence of your lawyer? Is it a good idea to wait for your lawyer to be at your side before saying anything?

YES, hence the phrase "you have the RIGHT to remail silent". if you wish to give any statement, do so but at your own risk. also, do not give any statement voluntarily, even to reporters and media people. if you were forced to give your statement, everything you said cannot be used against you in court because that is what we call "the fruit of the poisonous tree."

If you decide to give a statement even without your lawyer present, would it be better to be brief and not too detailed at this point, given that you may still be in shock and some details of what transpired (time elapsed, number of shots fired, appearance and demeanor of the BG, etc) might be hazy to you? Is it a good idea to include in your statement that you were in immediate fear of your life because of the actions of the BG, and thus took the steps that you did in order to stop him? What are the minimum details that you should include in your statement when you give it?

well, if you have nothing to hide, by all means tell your story. but you know, the greatest weapon that you have against the police is SILENCE. more talk, more mistake. less talk, less mistake. no talk, no mistake. i will never suggest that you give any statement, no matter how brief it is. the bottomline is, LET YOUR LAWYER DO THE TALKING. its better to blame your lawyer than yourself.

[vega]

I didn't know that our Miranda is in English too. ;Q

vega

[PMMA97]

ARTICLE III
BILL OF RIGHTS

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

[PMMA97]

Kung gayon po ay ipinababatid ko sa inyo ang inyong karapatan na kayo ay maaaring manatiling tahimik kung inyong nais, magbigay o tumangging magbigay ng inyong salaysay, maaari din na kayo ay sumangguni muna sa isang abogado kung nais ninyo at ang lahat po ng inyong sasabihin ay maaaring gamiting pabor o laban sa inyo sa anumang Hukuman dito sa ating kapuluan.

[attyjpl]

Originally posted by vega
I didn't know that our Miranda is in English too. ;Q

vega

well vega, we just copied the miranda doctrine from the U.S. so that's why its in english. but here, our policemen should always carry small cue cards in their pockets (just like in the U.S.) containing the english and tagalog version of the miranda rights so that when they apprehend civilians who have committed a crime, they will know what to say.

a client of mine was arrested for illegal gambling (tong-its) last year and he was not read his miranda rights by the arresting police. on trial, he told the court that he read the rights of my client when he apprehended him. i cross examined him and asked him to recite the miranda rights. funny thing, he stammered, stuttered and couldn't say the exact words!!

of course, as expected, my client was acquitted.;f

[horge]

floated per mikey177's request

[mikey177]

Thanks a lot, horge

[charlie-xray]

This is great news, PROUD MEMBER OF BOGS.

[ritchiemar22]

Originally Posted by chinagirl

I think we can start with your suggestions as well as those of Mikey177. Those are basic conducts of responsible gun owners. To add, may I suggest basic social conducts i.e. disallowing members from engaging in illegal activities (i.e. smuggling; kidnapping; drug trafficking etc. etc.?) Of course, none of us fit in this profile. But hey, if outsiders knows that ALL members refrain - to the extent of abhorring such illegal activities, BOG will be respected and deemed as socially responsible people. And isn't earning respect in the society as a group one of our main objectives? ;K

paano maging member, tnx...

[mikey177]

Originally Posted by ritchiemar22

paano maging member, tnx...

Just keep on posting responsibly and showing up at the matches and get-togethers. Welcome to the forum