February 2010
Criminal Interviews
I hate to sound like a broken record, but this issue needs to be addressed again. I have written and printed this article a couple of times about criminal interviews and what to do. It is obvious by the number of cases we are seeing involving criminal matters that this issue needs to be addressed. For some reason some of you are still providing statements to criminal investigators without speaking to a representative or an attorney first.
Anytime you are being questioned you need to ask if it is a criminal investigation or an administrative investigation. If you know the investigators to be criminal investigators, chances are they are doing a criminal interview. If they are questioning you on your actions then you are the SUSPECT. Remember, you have the right to remain silent, anything you say can and will be used against you in a court of law, YOU HAVE THE RIGHT TO AN ATTORNEY, etc. How many times have you heard that or have read it yourself to a SUSPECT. Even if you are not the SUSPECT you do not have to talk to a criminal investigator without proper representation.
Now you say to yourself, but I didn't do anything wrong, I don't have anything to hide, so I'll make a statement. Wrong. This is not a decision you should make alone. Let us contact an attorney and have them assist you. You are under no obligation to make any statements. You should tell the investigator you do not want to talk to anyone without talking to your attorney or representative first.
Contact your SEBA representative as soon as possible. If this is an on-duty incident, we will contact our attorneys to represent you throughout the process. If this is an off-duty incident, we will assist you in the administrative process up to and including a Skelly hearing and you will have to retain an attorney for the criminal investigation and any subsequent court appearances.
The point here is you do not have to make a statement right away. Tell the investigators you are going to contact your legal representation and you will get back to them. This way you have time to talk to us and/or one of the attorneys and let us help you decide if it is in your best interest to make a statement. Don't let the investigator convince you that you need to talk right now. Remember they are good at what they do and will try to down play the severity of the interview.
I have been in several administrative interviews where your criminal statement comes into play and hurts you. In some of these interviews the deputy was just a witness and by the time the interview was over he was the focus of an administrative investigation.
So please contact your representative prior to making any criminal statement so we can help you make an educated decision on what is in your best interest.
Please contact your field representative if you have any questions.
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