So why contact a PBA attorney?
First, statements made to your PBA attorney would
be protected by the attorney-client privilege. The exact
statement at issue in Whitehall Township (“I fucked up”)
would have nowhere near the same ramifications when said
to one’s PBA attorney as opposed to one’s fellow officers,
supervisory officers, internal affairs or the prosecutor’s
office.
Second, retaining a PBA attorney allows the attorney to
control the narrative from the perspective of the affected
law enforcement officer. Otherwise, the PBA attorney is left
to react to the situation or attempt to clean up an otherwise
messy situation.
Third, by not voluntarily exposing oneself to criminal
liability, a law enforcement officer provides his or her
attorney with more bargaining chips and options to which
to pivot when negotiating possible criminal charges or
administrative actions. If bargaining chips and options
are needed to extricate the law enforcement officer from
entanglements in which he or she is already ensnared, then
they are not available for the PBA attorney to use when
ideally needed.
A law enforcement officer asking for his or her attorney is
NOT a sign of culpability or weakness. It is a sign of strength
and intelligence.
A law enforcement officer invoking his or her Miranda
rights if given Miranda warnings is NOT a sign of culpability
or weakness. It is a sign of prudence and perseverance.
A law enforcement officer refusing to debrief his or her
fellow officers or superiors following a critical incident is
NOT a sign of stubbornness and obstruction of justice. It
is recognition that such a debriefing could put his or her
fellow officers, superiors or union in the difficult situation of
being compelled to give adverse testimony in a criminal or
administrative case.
Even if the affected law enforcement officer does not have
the ability to contact a PBA attorney, his or her PBA Union
certainly does. Many PBA attorneys have 24-hour access if
needed for critical incidents.
Any PBA attorney is better than no PBA attorney. In the
absence of a PBA attorney, any attorney is better than no
attorney.
Your fellow law enforcement officers may have the
best intentions. Your superior officers may have the best
intentions. Your union may have the best intentions. But
only your PBA attorney can guarantee that your honest
and heartfelt questions, comments, concerns, fears and
nightmares will not be aired publicly unless you consent.
Neither your fellow law enforcement officers nor superior
officers or union can make the same guarantee.
If a law enforcement officer remembers nothing else,
if involved in a critical incident either as a participant or
witness, when asked anything by anyone the first and only
response out of your mouth should be, I WANT TO SPEAK
TO A PBA ATTORNEY. d
A former municipal police officer, county corrections officer
and municipal prosecutor, Stuart J. Alterman has represented
law enforcement officers for more than 25 years in all areas
of employment issues. He is an NJ State PBA Lifetime Silver
Card recipient. Arthur J. Murray, who has extensive practice
in the Office of Administrative Law in Law Enforcement
Disciplinary Matters, contributed to this report.
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Please contact retired Sergeant Jim Dwyer, PBA Local
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Or scheduling liaison Jason Palecco, ext. 738
www.njcopsmagazine.com
■ AUGUST 2018 25