NWI INGO General Post Part 18 - Legal now!!

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    2A_Tom

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    The insurance is to cover your legal fees in a civil and/or criminal case.

    It does not pay you a penny if you are convicted. You have to pay up front and they only pay if you are acquitted.
     

    d.kaufman

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    Sounds like maybe all you'd need is the DA to say you weren't charged because it's self defense but then you'll always have that grubby lawyer or two who will try to get around it.

    From what I understand, no charges filed, no civil suits will be allowed. Don't know if it's been put to the test yet though
     

    2A_Tom

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    If it is ruled SD, you need no insurance. If you are prosectputed your Carry Insurance will not pay you a penny unless you prove yourself innocent.
     

    d.kaufman

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    If it is ruled SD, you need no insurance. If you are prosectputed your Carry Insurance will not pay you a penny unless you prove yourself innocent.

    Was just coming back to post what you said. The new law protects you civilly if no charges are filed or you're found not guilty, but not from overzealous liberal prosecutors or judges trying to ruin your life before being found not guilty.

    The insurance may be worth it, especially in that instance
     

    KLB

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    Sounds like maybe all you'd need is the DA to say you weren't charged because it's self defense but then you'll always have that grubby lawyer or two who will try to get around it.
    Lack of charges gives them a chance to try to show you were not justified. Then can try to sue, but if you are found to have been justified, they pay lawyer fees. Without charges, it seems like it would be an uphill climb to prove you weren't justified.
    SECTION 6. IC 34-30-31 IS ADDED TO THE INDIANA CODE
    AS A
    NEW
    CHAPTER TO READ AS FOLLOWS [EFFECTIVE
    UPON PASSAGE]:
    Chapter 31. Immunity for Justified Use of Force
    Sec. 1. (a) As used in this section, "forcible felony" means:
    (1) any offense described under IC 35-31.5-2-138;
    (2) residential entry (as defined under IC 35-43-2-1.5); or
    (3) burglary (as defined under IC 35-43-2-1).
    (b) The justified use of force described under IC 35-41-3-2
    provides a complete immunity against any claim or action initiated
    by a person:
    (1) who alleges to have been injured or damaged by any such
    use of force; and
    (2) whose conduct justified the use of force.
    (c) In no case shall any use of force justified under IC 35-41-3-2
    give rise to any claim or action for damages or compensation
    against a person, employer, or estate of a person using such force
    by or on behalf of any person who:
    (1) was attempting to commit or committing a forcible felony
    at the time such force was used; or
    (2) was attempting to cause or causing unlawful serious bodily
    injury to any other person at the time such force was used.
    This prohibition shall apply to any claim or action brought by the
    estate, personal representative, spouse, or family member of a
    person described in subdivision (1) or (2).
    (d) If a defendant files a motion under Trial Rule 56 of the
    Indiana Rules of Trial Procedure and supports that motion with
    admissible evidence that establishes a prima facie basis for the
    application of the immunity described in subsection (b) or (c), the
    burden shall shift to the plaintiff to oppose the motion with
    admissible evidence directly contradicting the application of the
    immunity in order to establish a genuine issue of material fact for
    trial.
    (e) In a civil case in which an immunity defense under
    subsection (b) or (c) is raised, the fact that a defendant was not
    prosecuted for a crime related to the defendant's use of force shall
    create a rebuttable presumption that the defendant's use of force
    was justified under IC 35-41-3-2 and the jury shall be instructed on
    this presumption if the case proceeds to trial. In a summary
    judgment proceeding described in subsection (d), the fact that a
    defendant was not prosecuted for a crime related to the
    defendant's use of force shall also create a prima facie basis for the
    application of the immunity described in subsection (b) or (c).
    (f) In any action commenced after June 30, 2019, in which the
    defense described in subsection (c) is raised by a defendant, at the
    conclusion of the action the court shall award to the defendant or
    defendants, as applicable, any reasonable attorney's fees and costs
    incurred in defending the action if a defendant successfully moves
    for summary judgment on the basis of the defense set forth in
    subsection (c) or the trier of fact determines that the action was
    prohibited by subsection (c)
     

    jedi

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    If it is ruled SD, you need no insurance. If you are prosectputed your Carry Insurance will not pay you a penny unless you prove yourself innocent.

    Where are you getting this from?
    From what I am reading at least from CCW Safe is they pay upfront for your trials.
     

    2A_Tom

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    If you asked what I think you asked, Decor tile on 41 south of Schillings on the left as you drive South.
     
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