Q: What do I do when I receive notice that I'm being investigated?
A:Criminal investigation - always invoke your 5th amendment rights and speak with an attorney before giving a statement.
Administrative investigation - you may be compelled to speak to an internal body who is investigating allegations of work-related misconduct. However, it is highly advisable that you review your statutory, constitutional and administrative rights before giving a statement.

Q: What are my rights, criminally and in administrative investigations?
A: Criminal investigations - Officers maintain the same rights, constitutionally, as all other citizens, including the right to consult with an attorney before giving a statement which could be used against the officer in a criminal case.
Administrative investigations - in an administrative or internal affairs investigation, officers have many rights of which they are not aware. Collective bargaining agreements, employment contracts, local ordinances, state laws and case law give officers many rights concerning how these investigations are to be conducted, the time limits for the investigation, and the right to challenge any disciplinary action that results from an investigation. It is always in the officer's best interests to seek advice concerning what rights they have, depending on which governmental body employs them.

Q: How do I defend myself against allegations?
A: Contact a representative to assist the officer throughout the process, as it may be difficult and time consuming. The actual defense of an allegation can vary from the simple to highly complex issues, depending on the allegation. Generally, there are three defenses: (1) The officer did not commit the conduct that is alleged; (2) The office did commit the conduct, but it is not a violation of law or policy; (3) The officer did commit the alleged action, but there are sufficient mitigating circumstances to merit that disciplinary action is unwarranted or excessive.

Q: What laws protect law enforcement officers in their employment?
A: Various local, state, federal laws, case law (common law) and collective bargaining agreements all are in place to protect officer's actions which occur in the line of duty, including law on administrative process, criminal law, pension issues, off-duty conduct, wage and hour laws, and many more, depending on the type of issue the officer is facing.