10 Things Every First Responder Should Know if They’re Under Investigation
By Hausman Law | Where Experience Meets Results
If you’re a police officer, firefighter, or EMT, you already know the risks of the job. One incident, one complaint, and suddenly everything you’ve worked for can be in jeopardy. Your career, your reputation, and even your freedom may be at stake.
At Hausman Law, we’ve represented first responders through some of the most difficult moments of their professional lives. If you find yourself under investigation, here are ten things you need to keep in mind.
⸻
1. Get a Lawyer Immediately
Too many first responders wait until it’s too late. The moment you are notified of an investigation—whether it’s internal or criminal—call an attorney who understands public safety work. Having the right legal guidance early on can protect your rights and shape the outcome of your case.
⸻
2. Don’t Talk Without Representation
It’s natural to want to explain yourself, especially if you believe you did nothing wrong. But any statement you make—formal or informal—can be used against you. Politely decline to answer questions until you’ve spoken with your attorney.
⸻
3. Understand the Difference Between Garrity and Miranda
If you’re being asked to give a statement by your department, you need to know whether your rights are protected. A Garrity statement is typically required for administrative purposes and cannot be used in a criminal case. A Miranda warning means you’re the subject of a criminal investigation. This distinction matters, and it can determine whether your words help you or hurt you.
⸻
4. Take Internal Investigations Seriously
Internal affairs investigations may not be criminal, but they can still lead to suspension, termination, or damage to your reputation. These cases are often handled quietly, but the consequences can be long lasting. Treat them with the seriousness they deserve.
⸻
5. Keep It to Yourself
You may want to vent to coworkers or friends in the department, but this can backfire. Conversations can be overheard, misquoted, or misunderstood. It’s safer to keep the details between you and your attorney.
⸻
6. Preserve Evidence
If there’s body cam footage, text messages, GPS data, dispatch audio, or anything else that supports your version of events, preserve it within the guidelines of your agency’s policies. Don’t delete or alter anything, just make sure your lawyer knows it exists. Evidence often makes the difference.
⸻
7. Your Off-Duty Conduct Might Come Into Play
Be careful about what you post online or say in public. Even if an incident happened on duty, investigators might look into your off-duty behavior. If you’re under investigation, assume every part of your life could be scrutinized.
⸻
8. Your Union Rep Can Help, But They’re Not a Lawyer
Union representatives play an very important role in supporting members, but they are not attorneys. If you are facing serious allegations or potential criminal charges, you need legal representation from someone trained to handle the legal system.
⸻
9. Know Your Department’s Policies
Understanding your department’s written procedures is essential. Investigators will review those policies carefully, especially in cases involving use of force or conduct violations. Review the applicable policies with your lawyer so you can respond with clarity.
⸻
10. You Don’t Have to Go Through This Alone
Facing an investigation can feel overwhelming and isolating. You might be worried about your job, your pension, and your future. At Hausman Law, we have experience defending first responders, and we know how to protect your rights and your career.
⸻
Need Help Now? Reach Out Now.
If you’re under investigation or think you might be soon, don’t wait. The sooner you get experienced legal counsel, the better your chances of a positive outcome.
Hausman Law
Serving First Responders with Integrity and Results
