dean wrote:...
Another thing I wanted to mention was speaking with the police. It comes down to personal preference but everything I've learned suggests that you should never speak with the police without a lawyer present. You could unintentionally get yourself into trouble by speaking without representation even if you are in fact innocent.
In this case I disagree. Any event you are involved in that includes the presence of a gun requires you to inform the police ASAP--and make sure
you are the first one to do so! Something like "I was threatened by _<the action>_ and believed I must take immediate steps to protect myself" is a good start. A
short & concise statement of your complaint would be appropriate. At this point, to say "I was threatened but I'm not talking to you without my lawyer present" does
not seem appropriate to me.
Had this event happened to me, I probably would
not have had passengers present to vouch for me, and the meeting in the driveway would probably have turned out much differently. Prompt notification of the police concerning the matter can only work in my favor to counter the lies the police will soon be hearing from the other side ("brandishing" is always one of their favorites). There is a time for lawyers to get involved, but as a plaintiff you should be able to make an initial
short & concise statement of the facts without a lawyer (IMHO). Any time after the initial statement, you can invoke your right to remain silent and have a lawyer present as you see fit, but they may be offering you overnight accomodations until they are comfortable with the answers to their questions.
IANAL and YMMV...