NJ Cops Aug18 | Page 25

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. www.callaremicadillac.com $200 Below Supplier Pricing for all Law Enforcement First Responders & their Families on all Cadillac, Buick and GMC Models! 15% Discount on all Parts & Service! Contact us for a quote! Complimentary Valet Service Available! Please contact retired Sergeant Jim Dwyer, PBA Local 247, 908-852-4613, ext. 731 Or scheduling liaison Jason Palecco, ext. 738 www.njcopsmagazine.com ■ AUGUST 2018 25