Police Misconduct & Internal Affairs Attorneys

The attorneys at Galantucci & Patuto have a wide range of experience in the defense of law enforcement agencies and their professionals. We have represented law enforcement agencies in claims alleging police involved shootings, excessive force, negligent pursuit, negligent supervision and false arrest. We are commonly consulted in connection with ensuring proper procedures are employed during internal affairs investigations as required by law. Our attorneys have represented police officers and correctional officers sued in their personal and professional capacities in claims alleging excessive force, including wrongful death, and a wide variety of civil rights violations brought under the Fourth, Eighth and Fourteenth Amendments. As a result of this experience, our attorneys are well versed in issues unique to the defense of these types of claims, including the immunities applicable to both the agency and individual. We appreciate the continued confidence our clients place in us by selecting us to represent them in these sensitive and often publicly reported claims.

Target Letter

The receipt of a target letter is generally a concerning event for a law enforcement officer.  The Internal Affairs disciplinary process can be complicated and uncertain for an officer, so representation is a prudent choice to protect against reprimand, suspension, demotion, termination, and even arrest. There are several crucial initial concerns that an officer must consider, including the nature of the accusations, whether they are criminal or administrative in nature, whether you serve in a civil service or a non-civil service jurisdiction, and the internal politics of your department or agency.  While we might hope that law enforcement agencies would be immune from internal politics due to their quasi-military
structure, knowing the personalities involved is often a key ingredient in achieving the desired result.

Rights & Obligations

It is imperative that an officer know his or her rights and obligations with respect to the process because the unintentional waiver of those rights could affect not only that officer’s employment, but his or her freedom.  Further, there are strict time limitations that must be adhered to in order to ensure the protection of an officer’s rights.

Preliminary Notice of Disciplinary Action

Following an investigation by the department or agency’s internal affairs unit, which in some jurisdictions may consist of a single officer, an officer will be served with a Preliminary Notice of Disciplinary Action if the charges are sustained.  The investigation almost always includes a compulsory interview of the targeted officer.  Whether the matter is purely administrative or contains accusations that may be considered criminal requires careful attention from the officer and his or her counsel, as well as input from the prosecutor’s office in the situate county.

Requesting a hearing

Upon service of the Preliminary Notice of Disciplinary Action, the officer has the responsibility to request a hearing, which takes different forms depending on the department or agency and whether it is a civil service or non-civil service jurisdiction.  Ultimately, the decision in terms of discipline rests in the hands of the head of the department or agency and is embodied in a Final Notice of Disciplinary Action.

The type of jurisdiction is particularly important when considering an appeal of major discipline because they are venued in drastically different forums; civil service appeals are determined de novo by the Civil Service Commission, generally based on the record created at a hearing before the Office of Administrative Law, while non-civil service appeals are heard in the Superior Court, Law Division de novo based on the record created below.

As you can see, there are a myriad of situations that may arise that require thorough explanation and assessment.  Galantucci & Patuto, Esqs. has the experience and facility to help you navigate the disciplinary process and fight to protect your interests, as we have for hundreds, if not thousands, of officers over the course of our existence.  Speak to your PBA representative about coverage for legal representation under the PBA’s Legal Protection Plan.