by Dawn Morabe
Let me start by asking, do you know who to call? There is no doubt that probably your greatest time of need for legal services will be immediately following a critical incident.
While most of us understand that an officer-involved shooting constitutes a critical incident, the immediate need for legal services is much broader. Critical incidents constitute any conduct related to the course and scope of duty that: (1) threatens loss of life to you or someone in your presence; (2) threatens loss of employment; (3) threatens criminal prosecution; or (4) threatens high publicity. Examples of such critical incidents include: officer-involved shootings (whether on-duty or off-duty), police vehicle accidents, significant use of force incidents, and death-in-custody incidents.
If you are involved in a critical incident, it will likely result in an investigation to determine if your actions conformed to the law and official department policy. This means there may be parallel investigations of an administrative and criminal manner. As a peace officer, you have the right to representation whenever you are subject to interrogation that could lead to punitive action. Such rights are afforded to you under the Public Safety Officers Procedural Bill of Rights Act (POBR), Government Code Sections 3300-3313.
As a member of the DSA, legal defense representation is provided to you in the following ways: First, the DSA operates its own Legal Defense Program and provides deputies legal defense and representation for course and scope administrative matters. Second, PORAC Legal Defense Fund provides deputies legal defense and representation for course and scope criminal and civil matters.
Should you find yourself needing the assistance of an Employee Rep or attorney for an administrative matter, contact the Law Offices of Bobbitt, Pinckard & Fields at (858) 467-1199. If you leave a message after hours, your call will be returned the next business day.
If you have been involved in a critical incident, you can immediately contact the DSA office or PORAC LDF at (888) 556-5631. PORAC LDF has attorneys available 24 hours a day, 7 days a week to handle emergencies and critical incidents.
You have the Right to be free from Compulsory Self-Incrimination and the Right to Procedural Due Process. We at the DSA, the attorneys at the Law Offices of Bobbitt, Pinckard & Fields and all the PORAC attorneys are here to protect your rights. If you have any questions about the above services, feel free to contact any Board member or the DSA directly. Stay safe, and keep your head on a swivel.⭑