What is police law? The question comes up frequently and, frankly, there is no stock answer. On one hand, police officers as civilians have the same legal needs and rights as the general public. On the other, law enforcement may have different issues arise such as administrative defense. Generally speaking, however, "police law" and this column will be divided into the following areas:
Administrative. This is your P.O.S.T./internal affairs/critical incident/collective bargaining legal area and the main concentration that separates law enforcement from civilians. This column will be devoted primarily to such topics.
Workers' Compensation. This specialized area of the law may vary greatly from one state to the next and runs a close second to administrative matters on the importance meter. If you haven't been injured on the job, odds are that you will be--more than once. It is critical that officers understand their rights under the workers' compensation system and this column will help you with the basics.
Personal Injury. Personal injury law is similar to, but not the same as, workers' compensation. If or when you suffer an on-the-job injury, it will most likely come at the hands of a negligent third party. As such, it is important to understand how to protect your rights under tort law. Not all billboard lawyers are the same and the way your case is handled may well be financially significant.
Employment Law. Overtime issues? Family Medical Leave? Wrongful Termination? Discrimination? The net cast by "employment law" is wide. Personally speaking, overtime and discrimination are topics that consistently arise within the law enforcement context. As to the former, the laws are most likely different than what is applied to the general public. Do you know how to check up on your department for compliance? If not, we will dive deeper into all employment law topics here.
Bankruptcy. The credit explosion and subsequent collapse certainly did not bypass law enforcement officers and there has been no "police bailout." Like the rest of America, therefore, a significant amount of police are financially strapped and looking for relief. Options under the United States Bankruptcy Code may be necessary and we'll talk about those options in 2010.
Family Law. According to Police-Dynamics.com, police officers have a 60 to 70% higher divorce rate when compared to the national average. Property distribution, child custody, and support issues will vary by state. Wills and estate matters will also be covered in the weeks to come.
Criminal Law. Yes, most of you earn a living doing battle with public defenders and criminal defense lawyers. Just a shot in the dark here, but the members of the criminal defense bar are probably not on your Christmas card list. Google "police officer sentenced" and see how many links come up. Some of you, unfortunately, will need criminal defense work done on your behalf.
It is understood that other legal practice areas may apply, such as real estate law, intellectual property, and a host of others. Practically speaking, however, the topics addressed above are more likely to generate police-related legal issues. The important thing, in this lawyers mind at least, is that it is critical to find legal counsel committed to representing law enforcement. This is not to say those attorneys who are happy to take your money. Rather, it is to say those lawyers who recognize your sacrifice and take your case with the same level of commitment that you all give to us.
There are many websites devoted to police officers, such as policeone.com and code-two.com. This column is also devoted to you. If there are questions or topics that are outside the practice areas above, or specific questions within them, this author is an e-mail away.
Eric Sloan's articles involve legal topics applicable to law enforcement officers; however, such articles do not establish an attorney-client relationship between the author and the reader and should not be construed as legal advice. Do you have questions or article ideas? Add Eric as a Facebook friend by clicking here and let him know.
Comments
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are you trying to say on this article? Sounds like sympathy for police. You asked what police law is right? Whatall the other things you wrote about could b results of bad decisions by police, WHO CARES! Anyway, I'm Tired of police sympathy. Some bring it on themselves. Sure a threat exists when you have to deal with society. Civilians have the same threat. It's not like when the police are off duty they are the last line of defense. Thinking like that is backwards anyway. The constitution sets up an idea where Civilians are first line of action. That is why we are constitutionally allowed guns. Typically when you need police in seconds, they come in minutes or more. Think about it? Police exist solely for when Civilians harm others or impede the constitutionally allowed rights of others. Police who "just do my job" need to think about how willfully ignorant that is. I can protect myself. Thanks. Those other problems you describe are in my opinion irrelevant to how i define police law
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