Police Officer Criminal Defense Attorney

Law enforcement officers accused of criminal conduct face circumstances that are different from those confronting most criminal defendants. A criminal investigation can threaten not only an officer’s freedom, but also a career, professional reputation, pension, firearm rights, and ability to continue working in law enforcement.

Police officer criminal defense attorney Michael J. Petro represents police officers and other law enforcement professionals who are under investigation or have been charged with criminal offenses.

With more than 35 years of criminal defense experience, Attorney Petro understands that an accusation against a police officer requires a defense that considers both the criminal case and the unique professional consequences that can accompany an investigation involving a law enforcement officer.

Criminal Defense for Police Officers

Police officers have the same constitutional rights and presumption of innocence as every other person accused of a crime.

The badge does not eliminate those protections.

In practice, however, an officer accused of misconduct may face intense scrutiny from investigators, prosecutors, the media, the public, and the officer’s own department.

Attorney Petro provides criminal defense representation to law enforcement officers facing serious allegations and works to ensure that the evidence is evaluated fairly and that the officer’s constitutional rights are protected throughout the investigation and prosecution.

Criminal Investigations of Law Enforcement Officers

A criminal investigation involving a police officer may begin internally, through an outside law enforcement agency, through a state prosecutor, or through federal authorities.

An officer may learn about an investigation after being:

  • Contacted by investigators
  • Ordered to provide information
  • Placed on administrative leave
  • Asked to surrender a firearm or other equipment
  • Interviewed by internal investigators
  • Contacted by state or federal agents
  • Served with a search warrant
  • Served with a grand jury subpoena
  • Informed that criminal charges are being considered
  • Arrested or indicted

Obtaining independent criminal defense counsel early in the investigation can be critical.

Statements made during an investigation may affect both the criminal case and the officer’s employment. Before making substantive statements about potential criminal conduct, an officer should understand the nature of the investigation and the applicable rights and obligations.

Federal Criminal Investigations of Police Officers

Law enforcement officers can become the subjects or targets of federal criminal investigations.

Federal investigations may involve allegations concerning civil rights violations, excessive force, obstruction of justice, false statements, falsification of records, corruption, bribery, fraud, firearms, narcotics, or other federal offenses.

These investigations may involve the Federal Bureau of Investigation, the United States Department of Justice, federal prosecutors, and other agencies.

Federal investigations involving police officers can be particularly complex because conduct performed in an officer’s official capacity may become part of the government’s criminal allegations.

A police officer criminal defense attorney can evaluate the government’s theory, examine the evidence, communicate with investigators and prosecutors, and protect the officer’s constitutional rights throughout the investigation.

Use of Force Investigations

Police officers are sometimes investigated or prosecuted based on allegations of excessive force during an arrest, detention, pursuit, or other encounter.

These cases require careful examination of the circumstances confronting the officer when force was used.

Important evidence may include:

  • Body camera recordings
  • Dashboard camera recordings
  • Surveillance video
  • Radio communications
  • Dispatch records
  • Police reports
  • Medical evidence
  • Photographs
  • Witness statements
  • Other officers’ accounts
  • Department policies
  • Training materials
  • Forensic evidence

Video evidence can be particularly important, but it must be considered in context. A recording may not capture everything the officer saw, heard, knew, or perceived when making a decision.

Attorney Petro examines the full circumstances surrounding the encounter rather than evaluating an officer’s conduct solely in hindsight.

False Statements and Report Allegations

Investigations of police officers may include allegations that an officer made a false statement to investigators or included inaccurate information in an official report.

These allegations can become serious criminal matters.

A discrepancy, mistake, incomplete recollection, or inconsistency does not necessarily establish that an officer intentionally made a false statement.

The defense should carefully examine the exact statement, the question asked, the officer’s knowledge at the time, the surrounding circumstances, and whether the government can prove the required criminal intent.

Obstruction of Justice Allegations

An officer may also face allegations of obstruction based on conduct during or after an incident.

These investigations may involve accusations concerning reports, evidence, communications with other officers, witness contacts, electronic records, or statements made during an investigation.

Obstruction allegations are highly dependent on the specific conduct and intent required by the statute charged.

Attorney Petro examines the government’s evidence to determine whether prosecutors can establish each required element beyond a reasonable doubt.

Search Warrants and Seizure of Electronic Evidence

Criminal investigations involving law enforcement officers may include search warrants for a residence, vehicle, mobile phone, computer, electronic account, or other property.

Investigators may examine:

  • Text messages
  • Emails
  • Call records
  • Photographs
  • Videos
  • Location information
  • Social media activity
  • Messaging applications
  • Department communications
  • Computer records

The fact that an officer works in law enforcement does not eliminate Fourth Amendment protections.

Attorney Petro evaluates the legality and scope of searches and seizures and whether grounds exist to challenge evidence obtained in violation of constitutional rights.

Internal Investigations and the Criminal Case

A police officer facing a criminal investigation may simultaneously face an internal or administrative investigation.

These parallel proceedings can create difficult strategic issues because decisions made in one investigation may affect the other.

An officer may have employment obligations that differ from the constitutional rights that apply during a criminal investigation. This distinction becomes especially important when an officer is ordered to answer questions as a condition of continued employment.

Garrity Rights and Criminal Investigations of Police Officers

The United States Supreme Court addressed compelled statements by public employees in Garrity v. New Jersey.

Garrity protections generally prevent the government from using statements against an officer in a criminal prosecution when those statements were compelled under threat of job loss.

This distinction can be critical when an officer faces both an administrative investigation and potential criminal prosecution.

Compelled Statements and Criminal Prosecution

A statement given during an administrative investigation should not automatically be treated the same as a voluntary statement provided to criminal investigators.

Important questions may include:

  • Whether the officer was ordered to answer questions
  • Whether refusal to answer could result in termination or employment discipline
  • Whether the statement was voluntary or compelled
  • Who conducted the interview
  • Whether criminal investigators obtained access to compelled statements
  • Whether information derived from compelled statements was used in the criminal investigation
  • Whether prosecutors or investigators were exposed to protected information
  • Whether evidence used in the criminal case came from an independent source

The interaction between compelled statements and a criminal investigation requires careful analysis.

Garrity Protection and Employment Orders

An officer should not assume that constitutional protection against the criminal use of compelled statements permits the officer to disregard a lawful employment directive.

An officer may have obligations arising from department policies, employment rules, collective bargaining agreements, or other procedures while also possessing constitutional protections concerning the use of compelled statements in a criminal prosecution.

For this reason, an officer facing potential criminal exposure should obtain independent legal advice before deciding how to respond to questioning.

Why Independent Criminal Defense Counsel Matters

When an administrative investigation overlaps with a potential criminal case, decisions made early in the process can have significant consequences.

A police officer criminal defense attorney can evaluate whether questioning is administrative or criminal, whether statements are being compelled, how Garrity protections may apply, and whether protected statements or evidence derived from those statements have been improperly used in a criminal investigation.

Attorney Petro can also coordinate the criminal defense strategy with issues arising from an internal investigation while remaining focused on protecting the officer from criminal prosecution.

Understanding Police Procedures and the Realities of Law Enforcement

Defending a police officer requires an understanding of the circumstances in which law enforcement professionals make decisions.

Officers routinely encounter rapidly developing situations involving uncertain information, potential threats, conflicting witness accounts, physical resistance, weapons, and public safety concerns.

A criminal case involving an officer should be evaluated in light of the actual circumstances confronting the officer rather than assumptions made after the event.

Attorney Petro examines department procedures, training, chain of command, use of force considerations, available recordings, witness accounts, and other evidence relevant to understanding what occurred.

Protecting an Officer’s Career and Reputation

A criminal accusation can have consequences beyond the courtroom.

Depending on the circumstances, an officer may face administrative leave, suspension, termination, loss of law enforcement credentials, damage to professional reputation, and other employment consequences.

These concerns can exist even before criminal charges are filed.

While the criminal defense must remain focused on protecting the officer against prosecution, the broader professional consequences should also be considered when developing the defense strategy.

How a Police Officer Criminal Defense Attorney Can Help

Criminal cases involving police officers require careful investigation, strategic judgment, and an understanding of both criminal law and law enforcement practices.

Attorney Petro’s representation may include:

  • Communicating with investigators and prosecutors
  • Evaluating the officer’s status in the investigation
  • Reviewing body camera and dashboard camera evidence
  • Reviewing police reports and department records
  • Examining use of force allegations
  • Reviewing witness statements
  • Evaluating electronic evidence
  • Responding to grand jury subpoenas
  • Reviewing search warrants
  • Challenging unlawful searches and seizures
  • Evaluating Garrity issues and compelled statements
  • Evaluating statements made during administrative investigations
  • Filing appropriate pretrial motions
  • Challenging the admissibility of evidence
  • Preparing for criminal trial
  • Advocating at sentencing
  • Pursuing appropriate appeals

Every investigation requires an individualized strategy based on the allegations, evidence, jurisdiction, and circumstances confronting the officer.

Experienced Criminal Defense for Law Enforcement Officers

A police officer accused of a crime is entitled to the same presumption of innocence and constitutional protections as every other defendant.

Michael J. Petro provides experienced criminal defense representation to police officers and other law enforcement professionals facing state and federal criminal investigations and charges.

If you are a police officer or other law enforcement professional who has been contacted by investigators, placed under criminal investigation, ordered to provide a statement concerning potentially criminal conduct, served with a subpoena or search warrant, arrested, or charged with a criminal offense, consulting an experienced police officer criminal defense attorney can help you understand your rights and the defense strategies that may be available.

Contact Michael J. Petro to discuss your criminal investigation or case.