LAPD Board of Rights Police Officer Defense Lawyer
The Los Angeles Police Department maintains a disciplinary process for sworn police officers accused of misconduct. The LAPD Board of Rights conducts disciplinary Hearings for police officers facing termination, or suspension for longer than 22 days. The LAPD Board of Rights is part of the California Administrative Law process. Los Angeles City Charter Section 1070 governs LAPD Officer disciplinary proceedings. For Los Angeles Police Officers facing disciplinary action, the consequences are profound. The LAPD Board of Rights disciplinary process is complex, procedural and time consuming. LAPD Officers facing a Los Angeles Board of Rights Hearing should seek legal representation from an experienced Los Angeles Board of Rights Police Officer Defense Attorney.
Los Angeles Police Department Board of Rights Disciplinary Defense Attorney
The Los Angeles Police Department’s disciplinary process begins with an Internal Affairs Investigation. Most Internal Affairs Investigations arise from civilian Complaints. However, LAPD disciplinary actions also occur through Internal Affairs sting operations, criminal conviction referrals and criminal investigations. It is important to have an attorney that understands the Los Angeles Police Department’s internal disciplinary process for sworn LAPD police officers accused of misconduct. At the conclusion of a Los Angeles Police Department internal investigation, the LAPD Administration has several options. The LAPD can close the Complaint. The LAPD can issue disciplinary action involving a demotion or suspension of 22 days or less without a Board of Rights Hearing. In this situation, a Los Angeles Police Officer can Appeal and request an LAPD Board of Rights Hearing. If the LAPD requests a demotion or suspension of longer than 22 days, or requests the termination of the accused Los Angeles Police Officer, the LAPD automatically holds a Los Angeles Police Department Board of Rights Hearing.
Common causes for disciplinary action against Los Angeles Police Officers include:
LAPD Board of Rights Hearing Defense Attorney
Los Angeles Police Department Board of Rights Hearings are conducted in accordance with Administrative Law policies and procedures. The application of Administrative Law greatly differs from Criminal Law. Hearsay evidence is admissible in Administrative Law proceedings. The burden of proof is much lower than in Criminal Court. The California Rules of Evidence are more relaxed in LAPD Board of Rights Hearings.
LAPD Officers facing a formal Department disciplinary Complaint have only a short window of time to request an LAPD Board of Rights Hearing. The failure to timely file an application for Hearing can result in a Default and additional disciplinary violations. A Panel of three individuals preside over an LAPD Board of Rights Hearing. Two of the individuals are Los Angeles Police Department Officers holding the rank of Captain or above. The third individual on the Board of Rights Panel is a civilian member of the community. However, please note that the system may change in the future for all three presiding individuals to be civilians.
At the LAPD Board of Rights Hearing, the Los Angeles Police Department is represented by an Advocate. The accused Police Officer has the right to have an advocate as well. The advocate can be a union representative, another Police Officer, or an attorney. At the Board of Rights Hearing, both sides have the opportunity to question witnesses and present evidence. The LAPD Board of Rights decides whether the accused Police Officer is guilty or not guilty of each Administrative violation. If the Police Officer is found guilty of an Administrative violation, then the LAPD Board of Rights will decide the appropriate discipline, taking into consideration the recommendation of the Los Angeles Police Chief. The LAPD Board of Rights makes it decision in writing. The Los Angeles Police Chief has the right to impose the discipline recommended by the LAPD Board of Rights, or impose lesser discipline on the accused Los Angeles Police Officer.
Los Angeles Police Department Board of Rights Appeal Lawyer
The Los Angeles Police Department maintains the Board of Rights to conduct LAPD Police Officer disciplinary Hearings. The LAPD Board of Rights is the only avenue of Administrative Appeal for an LAPD disciplinary matter. Once the Los Angeles Chief of Police imposes either the recommended discipline, or lesser discipline, the LAPD disciplinary matter concludes. Further Appeals can be made via an Administrative Writ of Mandamus to the Superior Court of California, County of Los Angeles. Los Angeles Police Officers disciplined via an LAPD Board of Rights disciplinary Hearing should contact a Los Angeles Police Department Board of Rights Appeal Attorney for representation.
LAPD Board of Rights and Criminal Investigations
The Los Angeles Police Department can discipline or terminate Police Officers for criminal activity and criminal convictions. In cases involving criminal conduct, the Los Angeles Police Department may refer the case to the City Attorney’s Office or the District Attorney’s Office for criminal prosecution. Common criminal offenses that can cause an LAPD officer to be suspended or terminated are:
Los Angeles Police Department Criminal Investigations against LAPD Officers often involve LAPD Officers engaged in Assault Under Color of Authority and Sexual Assault. Los Angeles Police Officers facing the LAPD disciplinary process and/or criminal charges need an experienced Los Angeles Board of Rights Defense Attorney for representation in LAPD disciplinary proceedings.