The Law Office of Hugh B. Ehrenzweig
Representing Police Officers - Hugh B. Ehrenzweig845.724.3233 |
www.ehrenzweiglaw.comGENERAL COUNCIL AT DISCIPLINARY HEARINGSSo many good cops have lost their jobs, pension, deferred compensation, union benefits, and health care for life in the one second they make a wrong decision. Then on top of losing all these benefits, cops all to often go to jail. Sometimes it is best to have someone you can talk to under the protection of the law of attorney-client privilege. Once an attorney-client relationship is established it is “bullet proof.” So long as I am not told of a crime about to be committed, your intention to hurt yourself or others, almost anything else is covered by attorney-client privilege. Similar to your clergyman or woman, and at one time your doctor (the state has invaded physician/patient privilege in their effort to curtail the misuse of prescription drugs. It is a subtle invasion of your privacy and off topic herein). Nevertheless the sanctity of private communications between doctor and patient is being slowly and subtly eaten away by the state. Conversations with your clergy and attorney are still protected.
You need an attorney who knows the law, who knows the way the Department thinks, the way IAB thinks, and the way the DA’s office thinks. An independent advisor who knows what you are going through, be it (hopefully never) a shooting, or just a problem with a boss. Sometimes just someone to talk to who is legally bound to keep your secret. What if you know of a cop selling drugs? Who do you talk to? No one wants to rat on a fellow cop, especially if they are friendly. Yet, the orders are that you report this to IAB. You can not talk to a fellow cop, as if you do you put him in the same spot as you, you can not talk to a boss “off the record” (do you really think the boss will risk his career for you)? You can talk to a clergyman or woman, but he or she does not understand police culture. Or, you can talk to an attorney, with trial and appellate experience, who lived twenty years with the police culture, knows the law, and will keep your confidences.
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.
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.
REPRESENTATION AT 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).
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.
DIVORCE LAWYER FOR POLICE OFFICERSEhrenzweig’s qualifications as a divorce attorney are clearly described in the "Divorce" section of this page. When it comes to Law Enforcement or Police Officers, Ehrenzweig is uniquely qualified. We all want to keep our pensions in a divorce. The division of an officer’s pension is determined by what is called the “Majauskas formula.” This is a division between the time the parties were married and the officer’s time on the job.
In several cases, Ehrenzweig has successfully negotiated a major deviation in the Majauskas division of retirement benefits. In one case, an officer had his “service pension” modified to a 3/4 disability pension. This decision was made by the board sometime after the officer had retired. In fact the officer (a Sgt.) had to repay his Variable Supplement back to the City as he had received same due to his pension status at the time. The Sgt’s wife would not repay the Sgt. the back money she owed him as a disability pension pays the spouse much less than the regular service pension. Ehrenzweig took the wife to Court. The Court awarded Ehrenzweig and the Sgt. Summary Judgment (ruling that if the Court presumed every fact alleged by the wife as right, Ehrenzweig would still win at trial. Thus, Ehrenzweig won, the wife had to pay the Sgt. back all the money. She was additionally ordered to pay to the Sgt. some of the fees paid he had paid to his attorney.
All cops have heard the horror stories of losing half their pensions in a divorce. This happens, but there are exceptions, and ways to negotiate around it.
In an emergency I will be there for you 24/7.
Please, if you have any questions call me at 845.724.3233 or email me at Hbelaw2004@yahoo.com. The Law Office of Hugh B. EhrenzweigPO Box 743
Poughquag, NY 12570
Phone: 845.724.3233
Fax: 914.840.5972
www.ehrenzweiglaw.com/
