FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Nationwide Legal Representation

We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

Service Matters

Excellent results begins with top notch service. We treat you like family, and you always know what's going on with your criminal defense case.

Work Directly

When you hire our law firm, you work directly with a senior criminal defense attorney only. This ensures the best results possible.

Who We Are

We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

Schedule Consultation

Top Rated Attorneys

The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



An Overview of Internal Affairs Investigations in California

An Overview of Internal Affairs Investigations in California

Your job as a police officer is to investigate crimes and send criminals away.  What if you are accused of a crime and Internal Affairs contacts you?

The California internal affairs defense lawyers at our firm can help you.  Among our ranks are former cops and prosecutors.  We are aware of how the system works and can represent cops accused of criminal or administrative misconduct.

 

In this article, we offer you an overview of IA investigations in California.  We cover:

  1. How internal affairs investigations work
  2. What are the rights of police personnel in an IA investigation?

 

POBRA

The Lybarger Admonishment

Your Constitutional Protections

What can an internal affairs defense attorney do?

 

You will also find our articles on Criminal Defense of Police Officers and California State Employees and Criminal Convictions helpful.

 

How internal affairs investigations work

What is an Internal Affairs Investigation?

An Internal affairs investigation is an investigations into possible misconduct and/or criminal activity by officers in a law enforcement agency.

 

Administrative or Criminal investigation?

An administrative internal affairs investigation focuses on whether an officer has committed noncriminal work-related misconduct.

Criminal internal affairs investigations examine whether an officer has committed a crime.  These can result in criminal prosecution and incarceration.

 

Other Agencies May Investigate

In some cases, other entities besides the officer’s employing agency could become involved.

Sometimes, federal officials come in to investigate when a possible civil rights violation was committed.  This happened in the historic 1991 Rodney King case.

As a rule, Los Angeles County District Attorney’s Office must investigate any case of an officer-involved shooting or in-custody death.

On top of this, police commissions, inspector generals and outside watchdog agencies may provide additional oversight.

 

What are the rights of police personnel in an IA investigation?

Depending on the situation, an officer who is the subject of an IA interrogation can rely upon a number of statutory and constitutional provisions for protection.

 

POBRA

This California statute (Public Safety Officers Procedural Bill of Rights) applies to all administrative internal affairs investigations.

POBRA establishes conditions with which an employing law enforcement agency is required to comply in an interrogation that could lead to “punitive action” in the form of written reprimand, demotion, suspension, dismissal, salary reduction, or transfer as a consequence.

POBRA lists protections as follows:

Any interrogation generally must be conducted at a reasonable hour, preferably while the officer is on duty.  It must only endure over a reasonable period.

The interrogating officer and others present must inform the officer being interrogated of their ranks, names and command.

No more than two interrogators may ask questions at a time.  Further, the officer being interrogated must not be subjected to any offensive language.

Before the interrogation, the officer must be informed of the nature of the investigation.

The officer getting interrogated is allowed to bring his or her own recording device to the interrogation.

Anytime an interrogation is based on matters that could possibly result in punitive action, that officer can be represented by a union representative or California internal affairs investigation defense lawyer.

If, at any point prior to or during the interrogation, it is deemed that the officer could be charged with a crime, that officer must immediately be informed of his or her constitutional rights.

POBRA applies only to administrative investigations that are conducted by an officer’s employing agency.  These rights do not apply in investigations that are  “concerned solely and directly with alleged criminal activities.”

Additionally, according to the California Supreme Court’s interpretation, POBRA provides one more protection.  Should it be “deemed” during an internal affairs investigation that a police officer could be facing criminal charges, he or she must be read their Miranda rights.

 

The Lybarger Admonishment

Just like other employees, police officers must follow orders from their superiors – even during a California internal affairs investigation.  If their commanding officer orders them to answer a question and they remain silent, that officer risks being disciplined for insubordination.

Nevertheless, the officer retains their Fifth Amendment constitutional right against compelled self-incrimination.

How the United States Supreme Court has reconciled these conflicting provisions is by clarifying that the cop in this circumstance retains immunity as to “compelled” statements.  Pursuant to the Garrity/Lefkowtiz rule, an officer may be disciplined for standing silent in the face of an order, but any subsequent compelled statement (and any evidence that comes from such a statement) cannot be used against the cop in a criminal prosecution.

 

Pitchess Motions

In a Pitchess motion, the defendant in a criminal case can request access to an officer’s personnel file. In such cases, the defense is looking for witnesses who filed prior complaints against the officer.  They can potentially use these witnesses to impeach the officer at trial.

 

Your Constitutional Protections

A peace officer also has their Fourth Amendment constitutional right against unreasonable search and seizure, and their Sixth Amendment constitutional right to counsel to rely upon.

What this means is that cops may not be arrested without probable cause, subjected to unreasonable detention, refused access to counsel or otherwise forced to endure conscience-shocking treatment at the hands of law enforcement.

 

Nevertheless, things can get hairy when it comes to interrogations of police officers by their employers.  The line between an employer or enforcer becomes blurry.  One can, therefore, float in a rather uncomfortable gray area between a California internal affairs investigation and an arrest.

 

What are the rights of police personnel in an IA investigation?

You probably know at least one case in which a skilled criminal defense lawyer helped a suspect get out of trouble.   Surely you should reap the same benefits if you happen to be a suspect, right?

The IA lawyers at Spodek Law Group, still keep cop hours –one of us is always available.  Whether you have been involved in a critical incident, or you’re facing an internal affairs interrogation or criminal charge, we’re here to stand with you.

As former police personnel ourselves, we know how to handle IA, the media and other parties who could be involved.  We can help you navigate the process so you get the full benefit of your rights and protections.

The California Internal Affairs Defense Attorneys at Spodek Law Group Can Help You.

For more information, visit:

Police Officers Research Association of California

California Correctional Peace Officers Association

Los Angeles Police Protective League

 

 


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us