The Law Office of Hugh B. Ehrenzweig
Representing Police Officers at P.G. & Trial Room Hearings845.724.3233 |
www.ehrenzweiglaw.com/trial-room-hearings/REPRESENTATION AT P.G. HEARINGSIf you’re an active cop, sometimes even if your not an active cop you get called down to IAB for a PG hearing. If you lie, it is automatic, your fired. That is in the Patrol Guide. So it is always a good idea to have representation.
Who represents you at the PG hearings? It is usually one of two people assigned by the union. Let’s look at them. First and usually it is a delegate from your union. How much legal experience does he/she have? How much investigative experience does he or she have? How does one become the delegate?
He or she is popular. They go out with the “boys.” So we vote them in as delegates. Is that person qualified to protect your rights? Or how about your job? One wrong answer during a PG and a case can be opened on you. A perceived wrong answer can get you charges. Without naming names there are innocent cops in jail because they said the wrong thing during the “investigation that was in the papers.” IAB wants to weed out not just the bad cops, but to make IAB look like they are doing their job. That means finding dirt on cops. Remember “Two Scoops Laven”? A cop got jammed up because she got an extra scoop of ice cream from a Basken Robbins, that she paid for. But Laven (a chief or inspector) was not satisfied that she actually paid for the extra scoop and she job jammed up big time.
Or the cop who really did not see who gave the perp the extra punch? Is the delegate who is representing you because he or she is “one of the boys” qualified to save your job?
If however you are lucky you can have a union lawyer. They go from PG to PG. Do they really know your case. Have they interviewed all involved? Have they interviewed the IAB investigator who are trying to take your job or lock you up? The 52 Sergeant who was going to get a 6 day rip for working in a bar lost his job and the only reason he was not arrested was the DA did not want to prosecute had a union attorney. At his PG the IAB Lieutenant had to write a note to the SBA lawyer to tell his client only answer “yes” or “no.” Again even few union lawyers, even if former cops, have investigative experience.
Ehrenzweig, due to his law degree, was drafted into IAB as a Sergeant and kept as a Lieutenant (before being transferred to OCID). He knows how to do an investigation, what questions to ask, and, what questions not to ask. He knows how the investigative track works. He knows what IAB is looking for and if you are a subject, witness, or subject who may turn into a witness. Ehrenzweig will not allow the IAB investigators to run rough shod over you or get you to answer questions just to turn up the pressure. He has and he will fight back. During one PG the investigators were asking questions. Ehrenzweig objected to many of the questions. With no legal background the investigators did not know that the objections were groundless. Nevertheless, Ehrenzweig threw then off their investigative track. Nothing incriminating was found against his client.
If you are called in for a PG do not be lulled into a sense of security that this is just routine. There is no such thing, they want something from you.
TRIAL ROOM HEARINGSThe Trial Room is serious. The judge can recommend to the PC whether or not the officer should keep his/her job. There is however some good news about the trial room. Sure no one wants to lose their job and maybe their pension (this has changed by a new law in recent years, being fired for a misdemeanor does not mean an automatic loss of pension as it once did).
Look however at the Trial Room as it is. The prosecutor is paid by the Department. Except he/she is not called a prosecutor (which is what he/she is) the prosecutor is called a “Department Advocate.” What is he advocating? Not justice, he gets his orders from the higher ups like the rest of the PD. There are more skilled and less skilled Advocates (as with every profession). If the Job really wants you fired, who is the CO going to pick to prosecute your case? The Advocate with the most experience and best winning record.
Who represents you? If you are at the Trial Room all plea deals have run out. The Job has determined at your PG hearing that there is enough to bring you to trial, where the Advocate and Sitting Judge (Administrative Law Judge) are both paid by the Department. So who represents you? Most times it is the union lawyer. The union lawyer has many cases and you are just one of the items he has to deal with.
It is difficult to think about paying a private lawyer thousands of dollars for representation when you can get one for free. Your own lawyer, an ex-cop, Sergeant, and Lieutenant, who had been drafted and worked IAB as a Sergeant and Lieutenant, ran major investigations in both IAB and OCID, who will give you his personal attention. Always answer your calls and give you as much attention and support, is what you need. Risking your multi-million dollar pension on an attorney dedicated to YOU as an individual verses a union attorney (who is also indirectly paid by the Department through your dues) it is not a difficult choice.
What if by some chance you lose in the trial room. What is you next step? Legally, the next step is an Article 78 procedure. That is in Supreme Court. You must be sure that your attorney is experienced in those proceedings. What if you lose there? The next step is an appeal to the First Department Appellate Division. Ehrenzweig has experience with the Article 78 procedure. Moreover he as perfected (means completed all the steps required for an appeal) appeals in the First and Second Departments. He has argued in front of the First Department and made application to the Court of Appeals (the highest court in the State of New York). He is driven, intense and will give your case 100%, take (or promptly return) all your calls and be with you every step of the way. Ehrenzweig will never say “Shut up, I’m the lawyer so I know what to do.” Experience has taught me that as it is the client’s career on the line, it does not pay to be arrogant, and sometimes the client may come up with “his/her” way of looking at the issue, which may lead to a formative strategy.
You can rely on your union representation and take a chance, or engage someone who knows what is going on behind the scenes to fight for you. In an emergency, I will be there for you 24/7.
Contact me at 845.724.3233 or email me at Hbelaw2004@yahoo.com.It is your job, pension, variable supplement and retirement at stake. The Law Office of Hugh B. EhrenzweigPO Box 743
Poughquag, NY 12570
Phone: 845.724.3233
Fax: 914.840.5972
www.ehrenzweiglaw.com/
