Criminal Defense Attorneys Respond to USCCA’s Spokesman’s Review of AOR
December 14, 2023
Introduction
Criminal defense attorneys Marc J. Victor and Andrew C. Marcantel respond to a critique video released by USCCA spokesperson Tom Grieve about The Attorneys on Retainer Program (AOR). They review the video and reaffirm their commitment to transparency and client advocacy.
“I’ve been in court all day long . . . when I hear Marc from down the hall, ‘Andy, come in the office, you gotta see this.’”
– Attorney Marcantel
Coverage Determination Process
Unlike self-defense programs backed by traditional insurance, AOR isn’t governed by a list of contractual exclusions. USCCA, on the other hand, includes explicit exclusions in its policy, including no coverage for “criminal acts.”
A legal case involving defensive firearm use begins with an investigation and subsequent charges. The issue of whether an act qualifies as justifiable self-defense is a determination made later in the process by a judge or a jury. Thus, if an insurance plan excludes coverage for criminal acts, and the insurance company determines that an individual committed a criminal act, that individual could be left without legal representation, even if they had only been charged at that point.
“We don’t have exclusions in our program for criminal acts or intentional acts. Not a problem with us, it’s definitely a problem with them.”
– Attorney Victor
In the Kayla Giles case, USCCA initially covered her legal fees and paid $50,000 toward her defense, only to withdraw coverage before trial. USCCA made this decision despite her attorney asserting to USCCA that Ms. Giles’ matter was a “great case of self-defense.” According to the attorneys, Ms. Giles’ attorney was stunned when USCCA suddenly dropped her case.
“This is not us speculating, we actually spoke to the attorney.”
– Attorney Marcantel
The attorneys also reference the case of Alan Colie. Mr. Colie shot a YouTube prankster in a Virginia mall and was acquitted on self-defense grounds – but not with the help of USCCA. USCCA did not provide Mr. Colie with defense counsel, and as a result, he was represented at trial by a public defender.
What AOR Covers
Mr. Grieve accused AOR of not including misdemeanor coverage in our offerings, but this is outdated. Our program has since expanded its membership to include misdemeanors and appeals, an evolution made possible by our growing membership base. This expansion reflects our commitment to continually improving and advancing AOR for our members.
“We have updated our program, we do cover misdemeanors.”
– Attorney Victor
The attorneys question USCCA’s long list of coverage exclusions. If these exclusions are as minor as USCCA claims, why include them in the first place? Self-defense programs backed by traditional insurance, like USCCA, are legally prohibited from covering illegal acts, which leads to broader exclusions. Conversely, AOR is backed by a law firm, not an insurance company. This structure allows us to cover members even in cases where the legality of their actions is in dispute.
Attorney Selection Process
All AOR members immediately establish an existing attorney-client relationship with The Attorneys For Freedom Law Firm (AFF) upon enrollment in the program. Should a self-defense incident arise, AOR will assign AFF attorneys as legal counsel. This ensures not only consistency but also access to attorneys who share strong pro-Second Amendment values. Unlike USCCA, which assigns legal counsel at its discretion, AOR provides direct 24/7 access to our AFF attorneys. We do our best to honor the requests of members who express preferences for local representation.
“If you check out page two section D of the USCCA contract . . . it’s pretty clear they get, in their sole discretion, to assign the council of their choice.”
– Attorney Victor
The attorneys also clarify misconceptions about USCCA’s positions on topics such as red flag laws and carrying firearms on private property. They emphasize that AOR supports voluntary agreements and respects individual property rights rather than advocating for government-imposed mandates.
Bail and Bond Posting
Finally, the attorneys emphasize that bail is essential in self-defense cases. AFF has taken legal and ethical guidance to ensure we can post bail in most states.
AFF continues to support clients post-conviction, and likewise offers legal representation in both self-defense-related and non-self-defense criminal matters. The attorneys recognize that responsible gun owners can face a range of legal challenges, and having a trusted law firm in their corner makes a significant difference.
If you want reliable legal defense for self-defense cases without all the unnecessary exclusions, be sure to check our Attorneys On Retainer Program. For more information, please contact us by calling 866-404-5112 or emailing us.
