tive investigation. Everything must be in writing and criminal and / or administrative rights forms must be signed. If advised that you are a target of a criminal investigation, you must stop the interview, make sure you are properly represented and invoke your Garrity rights. Garrity is only applicable if there is a criminal investigation. Once having been given Garrity, you must provide a truthful and accurate statement, again, after reviewing reports and any audio / video data.
If you are advised that you are the target of an administrative investigation, an administrative rights form must be properly executed. You should be properly represented by an experienced attorney when doing this as well.
Most importantly, an Internal Affairs investigation must be narrowly tailored to your duties as an officer and to a specific event in question. It cannot just be a fishing expedition.
As previously stated, preparation helps ensure a successful outcome. We meet with clients on a regular basis to prepare for an Internal Affairs interview. It is important to at least attempt to garner information about the investigation prior to submitting to the interview. Fortunately, the NJ State PBA provides coverage through its Legal Protections Plan for these types of events. No officer should walk into an Internal Affairs interview unrepresented or unprepared.
Moreover, no officer should walk into an Internal Affairs interview with an unprepared attorney. When undertaking representation in Internal Affairs interviews, your attorney should not sit there as a friendly visitor. The guidelines permit a representative, whether it’ s a Weingarten representative and / or an attorney, to stop the interview to speak with the officer being interviewed. It is perfectly reasonable and acceptable to do so. It is also important to guide the interview as much as possible, and that means taking control of the situation. While attorneys and / or Weingarten representatives can’ t unduly interfere with the investigation, we are able to assert reasonable control and must do so to protect either the member or client.
All officers must also be aware that, if ordered to write additional and / or supplemental reports about any given situation, they should always ask why and inquire whether this inquiry is really another form of an event leading into an Internal Affairs interview, whether criminal and / or administrative.
Lastly, please remember that confidentiality only attaches to an attorney and not to a Weingarten and / or a PBA representative. It is much better to have your PBA attorney who regularly practices in this area representing you in Internal Affairs situations in order to protect your rights and confidentiality. It is never a good idea to put your PBA representatives in a situation where they may be compelled by an order and / or subpoena to testify about what you may have said to them.
Should anybody have any questions or concerns about the Internal Affairs process, my office is always available for consultations and we are happy to answer your questions. d
Stuart J. Alterman, Esquire, of the firm Alterman & Associates, L. L. C., has been practicing law since 1986. He served as a municipal police officer, a county corrections officer and a municipal prosecutor and has represented police officers for nearly 25 years in all areas of employment issues, including union issues, worker’ s compensation, wage and hour, personal injury, criminal law and family law.
54 NEW JERSEY COPS ■ APRIL 2017